Any Way Around This?

Decorating By CakesbyMichele Updated 6 Oct 2013 , 3:19pm by howsweet

onmymind Posted 4 Oct 2013 , 9:43pm
post #61 of 91

AIt really doesn't take much to get everyone going crazy on here. Even one of you searching the internet for proof! So funny.... "because everything you find on the internet is true!!" No... I'm not changing my mind!

Now I'm off to go decorate my cake, I think I will make it look like MICKEY MOUSE!! :)

Godot Posted 4 Oct 2013 , 9:45pm
post #62 of 91

ABless your heart, hon - you do that.

What's your website, BTW?

thecakewitch Posted 4 Oct 2013 , 9:50pm
post #63 of 91

ACheck this out : http://money.cnn.com/magazines/fortune/fortune_archive/1997/12/29/235894/

onmymind Posted 4 Oct 2013 , 11:44pm
post #64 of 91

i don't have a website, oh I get it... your not a REAL cake decorator unless you have a website.  What a cake snob.

onmymind Posted 4 Oct 2013 , 11:48pm
post #65 of 91

did you see the date of that article... 1997

onmymind Posted 4 Oct 2013 , 11:49pm
post #66 of 91

hey hon.... I have a right to my opinons.

jason_kraft Posted 5 Oct 2013 , 12:06am
post #67 of 91

A

Original message sent by onmymind

Now I'm off to go decorate my cake, I think I will make it look like MICKEY MOUSE!! :)

Sounds like a plan! Please come back and let us know when you are never caught by Disney. Be sure to provide proof and a posted picture of you never being caught, otherwise we will assume you were.

costumeczar Posted 5 Oct 2013 , 12:35am
post #68 of 91

I personally know someone who received a substantial "finder's fee" from Disney for turning in a copyright infringer.

BrandisBaked Posted 5 Oct 2013 , 1:23am
post #69 of 91

A

Original message sent by costumeczar

I personally know someone who received a substantial "finder's fee" from Disney for turning in a copyright infringer.

For copying cakes?

jason_kraft Posted 5 Oct 2013 , 1:31am
post #70 of 91

ADisney has a dedicated group responsible for IP protection: http://thewaltdisneycompany.com/content/disney-antipiracy

BrandisBaked Posted 5 Oct 2013 , 1:49am
post #71 of 91

A

Original message sent by Godot

Bless your heart, hon - you do that.

What's your website, BTW?

There are dozens of "famous" decorators with infringing photos on their websites if you wanted to turn people in. That might bring this argument to a head and give us all our answers. :D

costumeczar Posted 5 Oct 2013 , 2:20am
post #72 of 91
Quote:
Originally Posted by BrandisBaked 


For copying cakes?

 

For using Disney characters on her cakes. My friend dropped a dime on her and Disney sent her a percentage of the fine that the infringing baker had to pay, and it was a pretty nice sum.

 

I've said this before, but I always love the arguments that you should go ahead and use someone else's copyrighted logos and trademarked phrases, but when one baker takes another baker's cake picture everyone is ready to lose their minds and posts all over their facebook pages how they should be ashamed of themselves, and what a piece of scum they are. If it belongs to someone else get permission or don't use it, or let someone else take the risk if they want to. It makes your life a lot simpler to be honest.

kikiandkyle Posted 5 Oct 2013 , 2:25am
post #73 of 91

AI think I know how I'll be paying for my new house...

onmymind Posted 5 Oct 2013 , 5:40am
post #74 of 91

Wow.  .. I can really start making money now!!  Just from all the copyrighted images on all the cakes on this website alone, thanks for the idea!  Cake decorators are a ruthless group!  

 

Christoper Garrens cake (he's been on tv) made a Nightmare before christmas cake (disney).... Hmmmmm

Godot Posted 5 Oct 2013 , 5:55am
post #75 of 91

AThis is turning into such a funny thread.

It's always great when someone you don't like can't seem to stop embarrassing themselves.

Carry on, folks!

scrumdiddlycakes Posted 5 Oct 2013 , 7:28am
post #76 of 91

It's against the law, if you are OK with ignoring the law, then make your mickey mouse cake. Big whoop.
I'm more amused with the fact that someone went to all the trouble of making a new account just to do some copyright derping.

SystemMod2 Posted 5 Oct 2013 , 7:38am
post #77 of 91

AFor your reading pleasure:

http://newsok.com/2-oklahoma-bakeries-sued-for-cartoon-character-use/article/2097751

http://www.iptrademarkattorney.com/2010/07/trademark-attorney-cakes-sees-candy-infringement-lanham-

http://money.cnn.com/magazines/fortune/fortune_archive/1997/12/29/235894/

http://articles.sun-sentinel.com/1985-03-31/features/8501120460_1_copyright-cake-disney-characters

http://www.cbc.ca/news/canada/toronto/edmonton-bakery-infringes-on-ontario-chef-s-trademark-1.1159266

http://www.lexology.com/library/detail.aspx?g=b1ddf2b3-7a92-42bf-a041-77bc9eea97c5

http://www.dailymail.co.uk/news/article-2037418/London-2012-Olympics-Copyright-laws-ban-bakers-icing-cakes-logo.html

http://articles.orlandosentinel.com/2008-07-10/news/disney10_1_disney-clermont-unauthorized

http://articles.latimes.com/2005/jun/19/local/me-pinata19

http://www.lawqa.com/qa/is-it-legal-for-her-to-sculpt-cake-to-look-like-mickey-mouse-hello-kitty-or-other-characters

goodvibrations Posted 5 Oct 2013 , 9:07am
post #78 of 91

Good grief! Should we assume now that any cakes posted right here on Cake Central in these galleries are sitting ducks for prosecution and cake central is encouraging illegal activity?  Video Games & Characters, Racecars / Nascar / Forumula 1 Etc., Basketball / NBA, Football / NFL, 2009 Super Heroes Cake Contest, 2011 Angry Birds Cake Contest, etc.

costumeczar Posted 5 Oct 2013 , 12:53pm
post #79 of 91

AKeep in mind that some people actually do have a license, though. The friend I know who got the Disney payout was also commissioned to make Tim Burton's birthday cake, so she did one that had a bunch of his characters on it and she had permission to do it. If you turned her in you'd just look stupid.

costumeczar Posted 5 Oct 2013 , 12:55pm
post #80 of 91

AAnd if you do get a license, get it in writing to prove that you have it in case someone does question it! I have a few in writing that I keep on hand in case someone asks me to do a specific sports team or whatever. Sometimes you call a company and they say sure, but you should always get someone to at least email you.

kikiandkyle Posted 5 Oct 2013 , 1:11pm
post #81 of 91
Quote:
Originally Posted by scrumdiddlycakes 
 

It's against the law, if you are OK with ignoring the law, then make your mickey mouse cake. Big whoop.
I'm more amused with the fact that someone went to all the trouble of making a new account just to do some copyright derping.

 

Usually the first sign of a troll...

onmymind Posted 5 Oct 2013 , 9:45pm
post #82 of 91

I've look alot on this site and alot of the famous cake decorators including all the ones on tv. soooo many disney, video games, etc characters in cake.  so why haven't any of this decorators gone to decorating "jail" for these cakes??  This all started because someone didn't want to use the word viagra on a cake. The fact that everyone was saying don't do it, you will be sued is the most crazy thing I have ever heard.  Period.  Oh and by the way.... I was using sarcasam when I said I was going back to  making a mickey mouse cake.   you people do know what sarcasam is right??

 

and NO i didn't just make a profile to post comments.  That just so happen to be the day I created one to start saying recipes etc and when I saw this thread I had to respond.  Period.  

 

With everything that is happening in the world today... you say you don't like me.   Really, what a world of rainbows you live in.

 

I am now off this website.  Thank God I only do cakes as a hobby.  I see now that when you make a business out of it you go crazy!!

 

Good Night!

MeghanKelly Posted 5 Oct 2013 , 10:17pm
post #83 of 91

I can guarantee you that the people with TV shows who make Disney or other licensed images have a producer and a legal team who get permission first.  That's a bad example.  TLC or Discovery or whoever would not take that chance... deep pockets, etc.

 

You say you're done... but you'll probably be back in a few comments or so.  I've seen that threat in retail many, many times.  See ya later!

kikiandkyle Posted 5 Oct 2013 , 11:08pm
post #84 of 91

Once again, if you'd actually read the comments, the OP was advised that they could use the word, just not the trademarked logo. 

 

As you're not selling cakes none of this actually affects you anyway. 

Smckinney07 Posted 5 Oct 2013 , 11:11pm
post #85 of 91

Ahttp://www.caketalkblog.com/cake_decorating/

This is a blog from a bakery owner who got into trouble over using a Trademark from a local college. She talks about the differences between Trademark & Copyright infringements, the laws surrounding them, and the ordeal she went through.

OnMyMind, there are several people who reproduce images and don't get caught. Personally, I'd rather be safe and avoid cakes like these rather then risk a fine or even a C&D. As others have stated, do as you wish, but it's worth putting it out there because it isn't 'common sense' for some people.

MorganC has a friend who had to shut down because of a fine she received.

AZCouture Posted 5 Oct 2013 , 11:23pm
post #86 of 91

ADerping...heh.

soldiernurse Posted 5 Oct 2013 , 11:59pm
post #87 of 91

A

Original message sent by howsweet

Considering that Pfizer has no regard for human life in general and, for example,  is an entity that used an experimental antibiotic on Nigerian children with meningitis without the consent of their parents who thought their children were getting the established protocol... which resulted in the deaths of more than 50 of them,  I have no doubt that they'd not blink at squashing a person who makes cakes if they wanted to do so.

I don't know how you'd fight them if they wanted to go after you -  in Nigeria, they managed to push down restitution for the wrongful death of a child to just $175,000 per child. Of course things are a little different here and it seems like they'd be rather silly to do something like this since the last thing they need is bad press about bullying the little guy.

I'd probably be inclined to tell the customer that nothing about Pfizer is funny to me and to find someone else to do the cake.

Are you serious???? I did not know that.....not surprised though!

costumeczar Posted 6 Oct 2013 , 4:15am
post #88 of 91

Quote:

Originally Posted by SystemMod2 

For your reading pleasure:

http://newsok.com/2-oklahoma-bakeries-sued-for-cartoon-character-use/article/2097751

http://www.iptrademarkattorney.com/2010/07/trademark-attorney-cakes-sees-candy-infringement-lanham-

http://money.cnn.com/magazines/fortune/fortune_archive/1997/12/29/235894/

http://articles.sun-sentinel.com/1985-03-31/features/8501120460_1_copyright-cake-disney-characters

http://www.cbc.ca/news/canada/toronto/edmonton-bakery-infringes-on-ontario-chef-s-trademark-1.1159266

http://www.lexology.com/library/detail.aspx?g=b1ddf2b3-7a92-42bf-a041-77bc9eea97c5

http://www.dailymail.co.uk/news/article-2037418/London-2012-Olympics-Copyright-laws-ban-bakers-icing-cakes-logo.html

http://articles.orlandosentinel.com/2008-07-10/news/disney10_1_disney-clermont-unauthorized

http://articles.latimes.com/2005/jun/19/local/me-pinata19



http://www.lawqa.com/qa/is-it-legal-for-her-to-sculpt-cake-to-look-like-mickey-mouse-hello-kitty-or-other-characters

 

Hahaha! Where's the like button?

morganchampagne Posted 6 Oct 2013 , 6:57am
post #89 of 91

AHave a stash ready for when they come for you. Because they will. I know somebody it happened to. If I had more time id tell the whole story. They sued her. Twice. She's got no business left.

Claire138 Posted 6 Oct 2013 , 8:53am
post #90 of 91

A friend of a friend who runs a licensed bakery also received a c&d letter from a well known shoe company.

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