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Louis Vuitton are not happy about bag cakes!

post #1 of 127
Thread Starter 
There was a story in the news yesterday about a bakery here in Scotland getting into trouble with Louis Vuitton, I thought some people might be interested.

http://www.dailyrecord.co.uk/news/scottish-news/2009/02/25/vuitton-s-ban-on-bun-bag-86908-21151047/
post #2 of 127
This is very interesting, thank you!

So now, when the inevitable copyright discussions come up, and someone asks about Louis Vuitton bags, we have an answer.
post #3 of 127
So whats the answer CakeBoss? All I got was they told them to stop because they look to real and the bakery hopes to find a "happy medium" and still make them. So what do we say?
Not that I have that problem, mine would never look "too real" anyway, lol!
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post #4 of 127
I've been thinking about this since I'm on the verge of legalness and what I 'm gonna do is blow the logos a bit. Just not make it perfectly perfect. That's why the Louie boys are getting twitchy about this.

There's knock offs of everything. Obviously a cake is not a purse, so we're ok there. But we just gotta like for Louie we'd need to make the "V" in the logo look like an "N" kwim. Make it slightly wrong on purpose so it's a 'knock off' but still close enough to be fun.

I think if we blow each logo on purpose a bit we are ok and not like to be deceitful but just to take care of (our) business and not steal. Paradies are firmly legal.

Zillions of chickadees carry knock off purses and that's not illegal kwim. Just don't make 'em perfect even though we can huh.
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one baker's 'never ever do' is the next baker's 'i swear by this'
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post #5 of 127
thats interesting...

it says that they are working on reaching an agreement with Truly Scrumptious.

I doubt that LV would try to work out an agreement with anyone/everyone
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post #6 of 127
Quote:
Originally Posted by k8memphis

I've been thinking about this since I'm on the verge of legalness and what I 'm gonna do is blow the logos a bit. Just not make it perfectly perfect. That's why the Louie boys are getting twitchy about this.

There's knock offs of everything. Obviously a cake is not a purse, so we're ok there. But we just gotta like for Louie we'd need to make the "V" in the logo look like an "N" kwim. Make it slightly wrong on purpose so it's a 'knock off' but still close enough to be fun.

I think if we blow each logo on purpose a bit we are ok and not like to be deceitful but just to take care of (our) business and not steal. Paradies are firmly legal.

Zillions of chickadees carry knock off purses and that's not illegal kwim. Just don't make 'em perfect even though we can huh.



Straight from my lawyer's mouth when discussing copyright issues:

If you alter the look a little bit and call it something else and they can prove it looks anything close to their image you are still going to get busted."

When I asked about changing the image 33% he laughed. His reply "they can go after you for it still. If it looks like theirs they still own it and you are busted."
post #7 of 127
Quote:
Originally Posted by CarolynGwen

Quote:
Originally Posted by k8memphis

I've been thinking about this since I'm on the verge of legalness and what I 'm gonna do is blow the logos a bit. Just not make it perfectly perfect. That's why the Louie boys are getting twitchy about this.

There's knock offs of everything. Obviously a cake is not a purse, so we're ok there. But we just gotta like for Louie we'd need to make the "V" in the logo look like an "N" kwim. Make it slightly wrong on purpose so it's a 'knock off' but still close enough to be fun.

I think if we blow each logo on purpose a bit we are ok and not like to be deceitful but just to take care of (our) business and not steal. Paradies are firmly legal.

Zillions of chickadees carry knock off purses and that's not illegal kwim. Just don't make 'em perfect even though we can huh.



Straight from my lawyer's mouth when discussing copyright issues:

If you alter the look a little bit and call it something else and they can prove it looks anything close to their image you are still going to get busted."

When I asked about changing the image 33% he laughed. His reply "they can go after you for it still. If it looks like theirs they still own it and you are busted."




I respectfully disagree with your lawyer's conclusion. Of course anything can be brought as a lawsuit. But parodies are legal.

A cake is a natural as a comic imitation--you're not gonna carry your wallet in a cake purse. Looking high fashion is often a direction cake goes.

Nobody would touch that unless the logos were exact.
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post #8 of 127
Quote:
Originally Posted by CarolynGwen

If you alter the look a little bit and call it something else and they can prove it looks anything close to their image you are still going to get busted."


I have to agree with this. My neighbor works for Jim Davis, creator of cartoon cat Garfield. She shares that someone thought if they "altered" Garfield and made him blue, that was ok. This person found out in a court of law that he was wrong.

I think the "if you change it enough, it's ok" myth ranks right up there with "Get a styrofoam cake because they are really cheap!" icon_lol.gif
post #9 of 127
Quote:
Originally Posted by indydebi

Quote:
Originally Posted by CarolynGwen

If you alter the look a little bit and call it something else and they can prove it looks anything close to their image you are still going to get busted."


I have to agree with this. My neighbor works for Jim Davis, creator of cartoon cat Garfield. She shares that someone thought if they "altered" Garfield and made him blue, that was ok. This person found out in a court of law that he was wrong.

I think the "if you change it enough, it's ok" myth ranks right up there with "Get a styrofoam cake because they are really cheap!" icon_lol.gif



I still say it's different for purses. I agree about characters.
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post #10 of 127
Quote:
Originally Posted by k8memphis

Zillions of chickadees carry knock off purses and that's not illegal kwim. Just don't make 'em perfect even though we can huh.



Actually knockoff purses are VERY much illegal, and there are raids all the time to shut down the shops and in-home purse parties that sell them.
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post #11 of 127
Well you all will have to come bake me cake and bail me outa jail for my raucous living and dastardly deeds.

icon_biggrin.gif

(btw--cakes are not purses, pretty sure.)
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post #12 of 127
Quote:
Originally Posted by k8memphis

But parodies are legal.



I've always been under the impression that parodies are legal ONLY when you get permission first. For example, Weird Al has to contact the original artist and get permission before releasing a song. He got in big trouble when he did a Coolio song without permission a few years back!
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post #13 of 127
The point is that it is a cake. And if it replicates their design it can be copyright infringement.

That said, they should be happy that people are giving them free publicity and thank all the bakers who are honoring them with the cake purses.

Personally, Louie and Coach aren't worth the price anyway, but that's just my opinion. I rather spend the money on cake supplies!
post #14 of 127
Quote:
Originally Posted by Lori17201

That said, they should be happy that people are giving them free publicity ....



I've seen that theory before and it has nothing to do with it. It has to do with protecting the integrity of their intellectual and creative property.

I can do a naked Minnie Mouse humping Goofy and Disney certainly wouldn't want THAT kind of "free publicity" on their character / creation.

It's about protection of their image; of their creation; of their product.
post #15 of 127
The law is based on what a reasonable person would do/assume/know. A reasonable person would never assume that a cake is a purse and vice versa.

Besides, it's rather hard to produce evidence when its in someone's tummy. icon_lol.gif
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