If what I am reading is really 100% true about selling any (character)cake or any like cake. What is the purpose of having a cake decorating business or better yet what is the purpose of the Cake Pans. I must be missing something. Why are we buying these cake pans if we can basically only use them for friends or family. Pleae help me understand. These pans are made to last a very long time. I am a hobby decorator but like many of you I would like to own my own bakery someday. Any input good or bad would be appreciated.
You can use most character pans for personal use only. you cannot create a business using licensed characters unless you pay huge amounts of money for a license.
The pans were created to allow home bakers to make cakes for children, grandchildren etc. They are all clearly marked for "home use only"
Interesting...I never thought about any of this!
JoannB
Thank you so much for the information. I just went and looked at a pan I bought today and you are 100% correct is does state for "Home use only". That explains so much. Now I understand how Wilton and others can sell the cake pans without any problems. Hmmm. I guess I will not be buying anymore characters pans for my collection. Again thank you so much for helping me understand.
Does anyone know of a link to any articles pertaining to this subject? it would make it easier to deal with an irate mom who insists that her daughter needs a Dora the Explorer cake if I could show her it in black and white.
As I understand it the licensing rules apply even if you create a cake using the licensed character theme, not just the use of the pre-designed pans...anyone have further information or input on this?
Just wanted to mention that although the licensed character on the pan can only be used for home use, you can personalize the characters so they no longer represent that character, for example the Dora pan was used by several decorators on here to represent their own little girls with a slight change to the hair and eyes or clothing. Many of these pans can be used for things completely out of the ballpark and are great for 3-D cakes, their unique shapes are condusive to making so many things. So don't give up on the pans just adjust your creativity a little and explain to a customer that although you can't sell her a Dora cake you could make a unique representation of her own little girl. Hope this made sense.
fun cakess, you cannot sell a cake that in anyway appears to represent a trademarked character without the permission of (and having paid a fee to) the owner of the trademark. You can't make money off of something someone else owns, in other words.
Now you may be able to do it using a
Just wanted to mention that although the licensed character on the pan can only be used for home use, you can personalize the characters so they no longer represent that character, for example the Dora pan was used by several decorators on here to represent their own little girls with a slight change to the hair and eyes or clothing. Many of these pans can be used for things completely out of the ballpark and are great for 3-D cakes, their unique shapes are condusive to making so many things. So don't give up on the pans just adjust your creativity a little and explain to a customer that although you can't sell her a Dora cake you could make a unique representation of her own little girl. Hope this made sense.
I think you are wrong here and I would caution against doing this. This is exactly why Disney and other companies do not want you to sell their cakes. The real reason is most of the time people alter their images/characters in some way (ie get it wrong), thus Mickey has purple teeth or turns into some popular Japanese action mouse hero. It distorts the companies image and cash cow.
just a suggestion - make a sheet cake - have the lady pay for that - and make the character cake for "free" - that way you will not be infriging on any laws. Where i work, i spend all day working with copyrights and the laws that go with, this would be the best way around laws and that fun jazz. Just price the sheet cake so it includes the cost of the character - that way on paper its a legit sale of a heavily decorated cake and no money transaction for the character cake.
I hope this helps- If you have any other questions just ask
Diana
Wow I never knew this. But here is my question. I've passed bakeries that had cakes in their window with cartoon character "toys" on them. Are they allowed to do that???
Im glad I brought this subject back up. I thank everyone for the input. I also have seen bakeries sell chacter theme cakes ie mickey mouse using the mickey mouse cake pan. Im really trying to make sure I follow all of the rules of business and I am in the process of doing some very intense research on cake decorating business. Whats right Whats wrong. I am doing a business plan currently researching all my options (LEGALLY). Any furtrher input from others and anyone who currently has a bakery would be much appreciated.
Thank you in advance.
Wow I never knew this. But here is my question. I've passed bakeries that had cakes in their window with cartoon character "toys" on them. Are they allowed to do that???
If they are mom and pop bakeries, then maybe they are just doing it, ie do not realize the copyright infringement. They could also have licensed the pans to sell commercially. I am sure if this is possible, they would have to conform to exact colors, decorations ect, much like renting an official character costume. I remember trying to rent one of the disney characters costumes for a corporate event. One of the rules was, while in costume, you were never allowed to speak, lol.
Wow I never knew this. But here is my question. I've passed bakeries that had cakes in their window with cartoon character "toys" on them. Are they allowed to do that???
If you are talking about the "cake kits" with the little decorations or edible images - the kind you see in the grocery store bakeries, Wal-Mart, etc. The companies that offer those kind of cakes for sale have paid a license fee to sell them. Most folks can buy these kits too, but they are intended for home use.
On trademarked items, reproductions are allowed only with the "expressed written consent" (sound familiar?) of the trademark owner.
you can call and talk to someone at wilton - they know the exacts and most likely where to go for other help on this. Since I work in copyright at the ohio state university - the laws are really simple to bend. the best advice is what i said before, as long as $ isnt paid for the copyrighted cake you will be just fine. Some might get away with it also because they are not making an exact copy and are not calling it the exact character - ex - you use the dora pan and decorate it differently and call it something else. Also, they are not out lurking in the bushes waiting for you to sell one, you could do it and just be done with it and odds are nothing will happen to you. If all else fails make a BCTF and just cut your cake into that shape. PM me if you have any other questions about copyright further. Goodluck.
this is interesting. You learn something new everyday.
Diana, I would still be cautious about assuming that "giving away" the cake makes it ok. If you charge more for your other cake in order to cover the costs of the copyrighted cake, you aren't giving it away and are just moving the money around. That is easily argued that you are in fact charging for the copyrighted figure on the second cake.
My 2 cents.
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