dwcole7 Posted 24 Feb 2014 , 11:10pm
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Hello Everyone,

  I have been lurking on here for alittle while. You guys are so helpful with your tutorials, galleries and encouragement to those that are new and old in this industry. I am wondering if you would all help me in something I am contemplating. I have searched on here about Faux or Fake cakes and have found a ton of information and I am wondering if anyone has had any problems with doing these kinds of cakes? I know that Fun Cakes (Cake Rental) has a "patent pending" and I am wondering if there have been any issues with other similar businesses because of this? What are you thoughts? I know there are some good and some bad as with anything in life. I have been doing some cakes for family and friends and can not think of anything else when I am suppose to be sleeping! LOL I have found my LOVE!!!!  I have thought of getting into the Faux cake business to see where it takes me. But, I don't want any legal issues coming my way because of it. Your thoughts of this would be very much appreciated!!! Thank you so much!!!! Blessings, Wendy

9 replies
Dayti Posted 25 Feb 2014 , 2:18pm
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I'm pretty sure no one can patent "covering a piece of styrofoam with an edible material and then decorate and rent it or sell it". If they can, they will become very rich, very quickly, since most decorators worldwide decorate dummies as a part and parcel of their cake business at some point or other.

There are people on here who run fake cake rental businesses. I really don't think you would have any legal problems doing it to.

costumeczar Posted 25 Feb 2014 , 9:53pm
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I'm going to patent icing a cake, then sue everyone!

 

I don't know about a patent, but I do know  that they won't approve a patent for something that's already in common use. If they do approve it it's because the method the patent describes is original, in which case you can just not use that specific method.

dwcole7 Posted 25 Feb 2014 , 11:21pm
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Thank you for taking the time to answer and add your thoughts. I REALLY appreciate it!!! That is what I am thinking as far as the "patent pending". How can you do that???? Strange!!! But, I am new to cake decorating, well been doing it for about a year and just wasn't sure about anything in the patent or faux cake area. Thank you again for your help!!! Blessings to you, Wendy

AZCouture Posted 25 Feb 2014 , 11:37pm
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That is odd. I wonder what exactly is going to be patented.

costumeczar Posted 26 Feb 2014 , 11:25am
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A

Original message sent by AZCouture

That is odd. I wonder what exactly is going to be patented.

Probably nothing :roll:

cazza1 Posted 26 Feb 2014 , 11:35am
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Sounds a bit like they are just trying to scare off competition.

costumeczar Posted 26 Feb 2014 , 3:27pm
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Quote:
Originally Posted by cazza1 
 

Sounds a bit like they are just trying to scare off competition.

Oh, definitely. I make candy  buttons and button molds and sell them on etsy, and I got a mesage from another shop telling me that they had copyrighted the term "candy buttons" and that since some of the designs I had looked very much like theirs, they were telling me that I needed to stop selling them. I decided to mess with them a little so I went back and forth for a while.  I told them that they couldn't copyright something when I own the original vintage button and have in my personal possession. Then they said that they had an attorney who would be contacting me if I didn't stop selling them. I got tired of dealing with them and finally told them that they should get a new attorney if they really did have one, because he was billing them for bad advice, and that I had turned them in to the Necco candy company for using their trademark "candy buttons." They stopped contacting me and for some reason their attorney never sent me any "paperwork" as they had promised. They also took down the little copyright symbol they had on the term "candy buttons" and changed their shop message about how they own the copyright to the term etc etc. Bunch of dopes. I found out that they had contacted a bunch of people on there who also sold edible buttons to try to eliminate the competition, so we collectively told them to go pound sand.

cupadeecakes Posted 26 Feb 2014 , 4:07pm
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Doesn't "patent pending" just mean that a patent application was submitted, not that someone will ever get one?  It reminds me of an arrogant guy I used to work with who closed all his e-mails with "John Doe, PhD Student".  I know he was just trying let everyone know he was working towards his goal, but couldn't a fourth-grader use the same closing and still be accurate?

costumeczar Posted 26 Feb 2014 , 5:21pm

Quote:

Originally Posted by cupadeecakes 
 

Doesn't "patent pending" just mean that a patent application was submitted, not that someone will ever get one?

That's right, so they could just apply for it over and over and keep putting that on there even though it keeps getting denied, hahahaha! never thought of that.

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