Linda5606 Posted 14 Mar 2011 , 6:52pm
post #1 of

i received a phone call from a woman in indianapolis (i live 3 hrs away from indy) who said she has been looking for someone for 2 years who could make a titanic cake. she said the only one she could find was someone in london. price was no object and it's for her 12 yr old son.

this sounds like the story mike mccarey told about someone calling a friend of his to do a garfield cake and then after pick up the friend got sued because he did a trademark cake.

is the titanic trademarked because it was the subject of a movie?
i would love to do this cake but i refuse trademarked cakes - does any one know?
thanks
linda

11 replies
WykdGud Posted 14 Mar 2011 , 7:08pm
post #2 of

The movie is protected, but I believe the ship itself can be replicated. Who would own the copyright to the ship other than the builder anyway - and after so many years, most all copyrights fall into the public domain.

jo3d33 Posted 14 Mar 2011 , 7:09pm
post #3 of

Couldnt you make a cake that was similar looking to the titanic, but instead of using the ship name "Titanic" you would use the birthday boys name? Im no expert, but if you dont put the name on the boat, then its just another boat....right??

allaboutcakeuk Posted 15 Mar 2011 , 12:04am
post #4 of
Quote:
Originally Posted by Linda5606

i received a phone call from a woman in indianapolis (i live 3 hrs away from indy) who said she has been looking for someone for 2 years who could make a titanic cake. she said the only one she could find was someone in london. price was no object and it's for her 12 yr old son.

this sounds like the story mike mccarey told about someone calling a friend of his to do a garfield cake and then after pick up the friend got sued because he did a trademark cake.

is the titanic trademarked because it was the subject of a movie?
i would love to do this cake but i refuse trademarked cakes - does any one know?
thanks
linda




I don't think it is copyrighted in any way. It's a boat and you could ask if it has to have the name on it if you wanted to be doubly sure

indydebi Posted 15 Mar 2011 , 11:04am
post #5 of

First, I don't think the ONLY person who can make it is in London. Indpls has MANY super talented cake shops, including CC's own jillmakescakes, who made a cake that looked like the pagoda at the Indy 500 track; CC's classiccakes who has award winning decorators workign for her AND Ilene makes cakes for the celebrities who come to Indy. So the comment of "in 2 years" she can't find "anyone" local to make it and the "only" one she found was in London sends up big red flags to me from the git-go.

Moving past that, this would be an awesome cake to add to your portfolio, should you decide to take it on! thumbs_up.gif

Ambar2 Posted 15 Mar 2011 , 11:39am
post #6 of

Yeah, I wouldnt do it.

Chasey Posted 15 Mar 2011 , 12:09pm
post #7 of

It struck me as odd that a 12 year old boy would be asking for the same kind of cake two years later.

Sure, it's possible he is still interested in a Titantic cake. Just raised a little question mark in my mind. Proceed with caution and lots of extra questions. thumbs_up.gif

dreamcakesmom Posted 15 Mar 2011 , 12:32pm
post #8 of

I too have a hard time believing that she could not find anyone cloaer than London in 2 years considering all the tv shows on tv currently that spotlight talented cake artists throughout the US that would be more than competent to do this project. With that being said would ask for payment up front due to it being a specialty cake. If they are serious you will get the funds, if not the problem will go away real fast

cowie Posted 15 Mar 2011 , 3:34pm
post #9 of

If it was me I would say that I would do a similar boat to the Titanic but it wouldn't be exact and I love the idea of using the bday childs name as the name of the ship.

m_willford Posted 15 Mar 2011 , 8:13pm

What she likely means is that she can't find anyone who will do it for less than $$$$$, and she's hoping you'll agree out of ignorance to how much it's worth. Something seems fishy anyway.

Maybe do a quote and see what she says. But contract, contract, contract! Watch your tushy on this one...

2508s42 Posted 15 Mar 2011 , 8:36pm

If you have to ask someone else's opinion if something seems legit... then your gut is telling you that it isn't. RUN.

Coral3 Posted 15 Mar 2011 , 8:41pm

When do copyrights run out? Is it after 100 years? If the image of the Titanic was copyrighted 100 years ago already there might not be an issue. The Titanic sailed & sank in April 1912, so maybe the copyright to the design/image would have run out by now, or maybe it hasn't quite? Personally I suspect you would only have a potential copyright problem if you put Kate & Leo up at the bow with their arms out, which would be a trademarked image from the movie.

It is a bit strange that this customer says theyve been looking unsuccessfully for two years though. Maybe that means she couldnt find someone whod make it at for a pittance?

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