Someone Copying One Of Your Original Cake Designs - How Do You Feel?

Business By Sugar_Art_Cakery Updated 16 Oct 2013 , 7:41pm by Shasha2727

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Shasha2727 Posted 12 Oct 2013 , 6:34pm
post #91 of 97

No, theres no real life Betty Crocker, duh, but she's written a few books my Mom & Grandmom used that I wore out flipping thru the pics as a child. There was one cake that looked like a drum, that had peppermint sticks angled around the sides, with cherries at the intersecting points. I loved that cake & was going to make it one day when I grew up! But fortunately my tastes changed & I made a lizard cake instead.

 

And no, you can't copyright a cake design. But I was told you could register your art or other creation / design by mailing yourself a detailed drawing. Was that bogus advice? Could be, but it came from a college prefessor who's class I paid dearly for. Can I sue him? In any event, after going back & reading a few of this OP's other threads, I can see that he/she usually posts when angry, and the post's contain a lot of family & other personal details, so maybe the 'sleep on it rule' should apply before posting when you are "seething".... 

 

BTW, I got that 'sleep on it' suggestion from a brunette girl named Lucy who runs a booth where she sells psychiatric advice for a nickel.   

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AZCouture Posted 12 Oct 2013 , 7:18pm
post #92 of 97

A

Original message sent by costumeczar

I doubt it...it's more the "I'll ask for advice and only accept the parts of the responses that i like in order to justify doing what I want to do anyway" thing. N If someone comes on here and has a super high post count within a couple of months I'd be wary of their advice. If they're that successful and busy then how do they have time to be on the internet handing out so much advice all day. That sounds like someone who doesn't have anything to do other than to spout off.

No kidding!

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Cakespirations Posted 12 Oct 2013 , 7:25pm
post #93 of 97

BTW, I got that 'sleep on it' suggestion from a brunette girl named Lucy who runs a booth where she sells psychiatric advice for a nickel.   

 

 

I got that same advice... ;) best thing ever

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costumeczar Posted 12 Oct 2013 , 10:21pm
post #94 of 97

Quote:

Originally Posted by Shasha2727 
 

 

 

And no, you can't copyright a cake design. But I was told you could register your art or other creation / design by mailing yourself a detailed drawing. Was that bogus advice? Could be, but it came from a college prefessor who's class I paid dearly for. Can I sue him?

Don't sue anyone yet. That's true that you own a copyright to THAT SPECIFIC DRAWING if you create it and publish it somewhere, and mailing it to yourself is referred to as the "poor man's copyright." But if you don't register it with the govenrment copyright office you'll have a hard time if something ends up going to court.

 

However, if you own the copyright to that drawing, you only own THAT drawing. So if someone took that drawing and used it in a book or something like that, you could sue them. If they did a drawing of the same thing you have no recourse. A trademark is something different, and when people are talking about things like Disney copyrights they probably mean trademarks.

 

It gets tricky, too... If I did a painting for someone who commissioned it from me I still own the copyright to it unless I signed rights over to them. So they couldn't take a picture of the painting and use it to make greeting cards. That's why it's illegal to take your kids' school pictures to Walmart and make copies.

 

And you can't copyright fashion designs, cakes, stuff like that. And it's legal to take a list of ingredients from a wrapper, reverse engineer the list, then sell it under your own label. Tricky tricky. But if someone owns a trademark that gives them a lot of leeway to say that something is hurting their brand if someone else tries to use it or something similar.

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jennicake Posted 13 Oct 2013 , 7:00am
post #95 of 97

ACostumeczar - you're really smart. That is all.

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costumeczar Posted 13 Oct 2013 , 11:40am
post #96 of 97

A

Original message sent by jennicake

Costumeczar - you're really smart. That is all.

Can I pay you to come to my house and tell my kids that?

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Shasha2727 Posted 16 Oct 2013 , 7:41pm
post #97 of 97

AZ- I really like your profile pic...very cute in a sort of retro way.

 

I think we could dispense sound living advice using cakes & baking as metaphors.  People would just have to understand I tend to be sarcastic. Yes, I know, theres no real Betty Crocker, and no, I'm not REALLY going to sue my old college professor.  I admit that after I gotten my 'cake porn fix', I'm drawn to the threads with a bit of drama.  This one reminded me of Christmas with the step-sisters...

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