Amusing Menu Item or Copyright Infringement?

[darph nader]

I know that a lot of bakers do it, and I even personally know some that do, but that doesn't make it right or legal to do it. :P

She does wedding cakes,birthday cakes and such on the side. The bakery she works at does NOT do wedding cakes,ergo ;) no big deal. All the B-Day cakes she does is for friends and relatives. Very few 'character' cakes but edible images rule.

[PatchOBlack]

Let's see now...

First, I believe that part of the requisites for determining if something falls under copyright infringement is that it has to be shown to causing actual damage in some way to the copyright holder. This can ether be tangible, such as loss of money from licensing fees and royalties, or intangible such as causing brand confusion that may damage the copyright holder's reputation. Thus, if one creates a cake for themselves using the shape of Mickey's head, or just happens to have a soap bubble in that shape, then there isn't a case. Sell that cake, or charge folks to see that soap bubble, and then there could be a reason for Disney to want to talk to you.

Speaking of Mickey Mouse cakes, the whole copyright violation business is one of the reasons why bakeries now only do certain characters on cakes: they have to license the use of those characters. No license, no cake.

[Cheshire Figment]

But looking at their web site map, they have a branch at 1400 Harbor Blvd in Anaheim. Is the address familiar to anyone here?

[PatchOBlack]

But looking at their web site map, they have a branch at 1400 Harbor Blvd in Anaheim. Is the address familiar to anyone here?

Yes, they have a location near Disneyland. However, so do several other restaurants.

[darph nader]

Yes, they have a location near Disneyland. However, so do several other restaurants.

We have one here in town on Wilmot. Never been there.

[GRUMPY PIRATE]

Its probably like a lot of things along this line, they will continue to sell them right up till they get a letter from the Mouse. Then it will quietly disappear from the menu.

wouldn't actively seeking to violate a companies logo and copyrighted items on purpose be considered a Stupid Guest Trick (commercial division)?

[Main Streeter]

ergo ;)

LOL You are so sly. Love it!! My after 2 hr. Grad nite laff. :D: If only she could send me frosting.

[chelleb]

Let's see now...

First, I believe that part of the requisites for determining if something falls under copyright infringement is that it has to be shown to causing actual damage in some way to the copyright holder. This can ether be tangible, such as loss of money from licensing fees and royalties, or intangible such as causing brand confusion that may damage the copyright holder's reputation. Thus, if one creates a cake for themselves using the shape of Mickey's head, or just happens to have a soap bubble in that shape, then there isn't a case. Sell that cake, or charge folks to see that soap bubble, and then there could be a reason for Disney to want to talk to you.

Speaking of Mickey Mouse cakes, the whole copyright violation business is one of the reasons why bakeries now only do certain characters on cakes: they have to license the use of those characters. No license, no cake.

Exactly! The licensed character cakes that you see in the grocery store, for instance, are purchased from a company licensed (by the owners of the copyrights) to sell the decorating kits that the stores use. The kits also come with instructions on how the cake MUST be decorated......that's why the character cake selection at each store is the same. :)

[darph nader]

If only she could send me frosting.

All home made. What flavor would you like. :D:

[ktulu]

Exactly! The licensed character cakes that you see in the grocery store, for instance, are purchased from a company licensed (by the owners of the copyrights) to sell the decorating kits that the stores use. The kits also come with instructions on how the cake MUST be decorated......that's why the character cake selection at each store is the same. :)

I think the kits are there for consistent product, plus ease of decorating. Not all of those employees are pros...