Using Trademarked Material

[forhim922]

My mother-in-law wants to start selling birthday cakes to bring in some money during retirement. She knows some of her biggest sellers will be things like Nemo and the like. How can we make sure what she is doing is legal?

 

[Drontal]

I would guess that you'd need to get express permission from the current trademark owners (Disney, Pixar, etc...) before you could trade items bearing their characters. But to be honest, I think with Nemo and the like being new "icons" you'll be unlikely to be accepted and taken seriously by the company.

Also they have their own agreements with contracted manufacturers whom they have given permission to, to produce items such as the ones you are proposing.

Sorry, but I don't think it can happen legally without future issues...

JJ.

 

[Michael Wechsler]

I don't disagree with what was posted. However, if your mother in law starts making cakes that have a fish on them in creme that resembles Nemo, I don't think that there will be a trademark issue brought and would be highly surprised if this would happen. If you don't wantonly advertise "Finding Nemo Birthday Cakes" or put that into mass production, I would think that not only might there be a good cause to say there is no likelihood of confusion that the cakes are sanctioned by Disney but it also wont attract any attention. Imagine the negative publicity Disney would get too...

Originally posted by forhim922
My mother-in-law wants to start selling birthday cakes to bring in some money during retirement. She knows some of her biggest sellers will be things like Nemo and the like. How can we make sure what she is doing is legal?

 

[NYClex]

I agree with the learned professor here. As long as there is some room to argue if this fish really represents Nemo and you don't advertise the cake as Nemo I guess the worst that could happen is getting a letter from Disney's lawyers to cease and desist if they ever find out and bother.

Of course, if you should get such a letter then you definitely should heed it, because you don't want to go against the deep pockets of Disney's legal department.

Of course as always in law, you never know. This is just my opinion, based on nothing.