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Cpoyright/Trademark Infringers Beware - Page 4

post #46 of 52
Quote:
Originally Posted by ANDaniels

So just for fun i went to the Facebook Official Dora page and sent them a Private message asking if I could make some fondant/gumpaste Dora heads to put on cupcakes, they responded today telling me it was fine icon_wink.gif... So... would this protect me if I did make this for a customer?


To be safe I would still contact Viacom directly and get permission from their legal department, the employee responsible for managing their FB presence may not have the authority to grant permission.

And I wouldn't worry about hiring an attorney to answer this question for you, that's overkill for a question like this.
post #47 of 52
Quote:
Originally Posted by ANDaniels

So just for fun i went to the Facebook Official Dora page and sent them a Private message asking if I could make some fondant/gumpaste Dora heads to put on cupcakes, they responded today telling me it was fine icon_wink.gif... So... would this protect me if I did make this for a customer?



Did you say you were selling them after you made them? Or are they under the impression you just want to make them for yourself? I think that may make a difference. Just a thought................
Major life events require sugar.
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Major life events require sugar.
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post #48 of 52
Quote:
Originally Posted by enchantedcreations

Quote:
Originally Posted by ANDaniels

So just for fun i went to the Facebook Official Dora page and sent them a Private message asking if I could make some fondant/gumpaste Dora heads to put on cupcakes, they responded today telling me it was fine icon_wink.gif... So... would this protect me if I did make this for a customer?



Did you say you were selling them after you made them? Or are they under the impression you just want to make them for yourself? I think that may make a difference. Just a thought................



that's a good point! I didn't even think of that.
post #49 of 52
I am not even taking chances... i'm deleting.
post #50 of 52
HMMM no, I didn't specifically say I was selling them I just said I was a hobby baker. However I found an email address for one of Nickelodeons legal departments and I emailed them and put that I was selling them. So we shall see icon_smile.gif Thanks for the advice!
post #51 of 52
Just wanted to say that my husband was involved in a lawsuit like this several years ago. I cannot post personal details, but he was the small fry and they wanted to make an example out of him to put the message out loud and clear to the rest. Don't think it cannot happen to you, we didn't think it would either and after draining our personal savings and having to start over I can say, "get the letter of permission!" You don't want to get caught with your pants down and be made an example of because you didn't prepare/plan ahead.
Crystal
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Crystal
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post #52 of 52
Thread Starter 
Wow, I've been over my head in orders for the last week. I'm really glad that it was such a good debate.

My only reason for posting is that I wanted to point out that the law is slowly catching up to the web.

I would like to comment on a few things.

I will still maintain that paying a lawyer $500.00 to ask about a $50.00 cake is ludicrous. This is where we have to either be conservative and say no, or just chance it. Ever heard of the law of diminishing returns?

And I can't even imagine how I was confused with costumeczar. I can't even make character cakes, so no reason to get permission.

About five years ago, My daughter had three paid sources for music. One I thought was edgy. But "everyone" assured me that it was legit. About a year later, within a two week period, I got four C&D orders along with a notice from our internet provider that continued infringement would result in permanent loss of internet service to our household. This was over four $1.00 songs.

Again, my point was only to show, with this extreme case, which obvoiusly had extenuating circumstances, that these copyright/trademark holders are getting serious. There is a federal task force busting web and retail stores selling counterfeit sports items, handbags, sunglasses, etc. This is new. Never before the internet, could a company google "Mickey" and get literally thousands of offenders. With the IP address, the case is cheap, easliy won, and is a real money-maker once the program is in place.

Because it looks like owners are getting more aggressive in so many markets, and with cached pages on the web, my only reason for posting was to give a little more info so that we can all decide for ourselves what is best, considering that a picture posted today and later taken down, could still haunt you in two years if this becomes a reality.

Remember, the Feds set the number of copies at 10 to change a civil violation into a federal crime. Obviously, the law was written to include the little guy.

Thanks Jason, for always adding the details and being so thorough in posts.
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