QUESTION
Is it legal for her to sculpt a cake to look like Mickey Mouse, Hello Kitty, or other characters?
Asked on Jun 13th, 2013 on Patents - Utah
More details to this question:
My wife runs a home-based bakery and there has been a question concerning sculpted character cakes. She has been incorporating store bought, licensed, plastic figurines into the cake design rather than sculpting it in order to avoid any possible legal issues. We have observed other companies sculpting the characters. Is what they are doing legal? Did they have to obtain special permission to do it?
4 ANSWERS
Patent Law Attorney serving Huntsville, AL
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Lanier Ford Shaver & Payne P.C.
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If you sculpt a character that is protected by copyright then you may be infringing the copyright. If you purchase the sculpture in the ordinary stream of commerce then you should be able to use the sculpture.
Answered on Jun 19th, 2013 at 5:23 PM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Your wife is doing it the right way. The others risk being sued under the trademark and copyright laws. Maybe they don't care but you should.
Answered on Jun 15th, 2013 at 3:51 PM
Your wife can continue doing what she has. If she paid for legitimate items she can do what she wants with them.
Answered on Jun 14th, 2013 at 11:29 AM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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The safest course is to contact the companies who own the characters that you want to sculpt and get permission. It is probably an infringement if you don't have permission, though each company may see this differently.
Answered on Jun 14th, 2013 at 10:08 AM