Can someone copyright a cake?

Question

A woman is claiming that she has invented putting stamped fondant on a cupcake and that that is exclusively her idea and no one should copy it otherwise it would be a law violation... So if I go out and buy some fondant and stomp on it with my foot to make a pattern to put on my cupcakes and sell it, is that is a law violation? She is going after people using yahoo flickr to call and name people as law violators, is this not defaming? Is she right to do this? How come the twinky factory isn't sueing the people that are famous for replicating twinknies and hohos..

Answer 1

rhe question is funny
ya i think if one tries then he will be able to do it

Answer 2

Evidently she is the Wilton Corporation? Or any number of other cake decorator supply companies who sell both Fondant and Icing stamps? She owns the patents for stamps in general? Fondant? Cupcakes?

Unless she has a patent on an exact process there is not thing one she can do about her "invention". Icing a cupcake is not a new idea, nor is decorating it. Sounds like she needs a hobby. (Besides stamping cupcakes that is!)

Answer 3

I don't think so. I think she could copyright the NAME of the cake, but not the actual recipe or process. There may be some other way she can secure that legally, but I doubt she has.

Answer 4

Does she have a patent number? If not then she has no rights. I am so sure that I've seen that before, isn't that something like a petit for (sp?)

Answer 5

Yes slander

Answer 6

a copyright requires a FIXED form. therefore you cannot copyright your cake and eat it too.

Answer 7

shoot her in the face. then tell her to get a life