crystalmcvea Posted July 9, 2007 Share Posted July 9, 2007 I bought several molds to make soap with. The lady that makes the molds sells them, so i figured I could make soap and sell them. Well, they are of snickers, mounds and kitkats...the only name showing is the KITKat name. Well, some lady emailed me today on ebay saying that I was breaking the law and blah blah..Am I? Im so upset now Im shaking.I would never break the law...but I assumed that since I was able to purchase the mold i should be able to sell what is made from it right? Quote Link to comment Share on other sites More sharing options...
CountryGal Posted July 10, 2007 Share Posted July 10, 2007 that's a sticky wicket there. It's sort of like the Wilton cake pans of disney characters. You can make them for your own use but it's against the licensing to make them for profit. Likely the same thing with these molds. If you can somehow get the name KITKAT off of them and name them something else that would work.... HTH Quote Link to comment Share on other sites More sharing options...
crystalmcvea Posted July 10, 2007 Author Share Posted July 10, 2007 Thats what I was thinking...maybe I could get the name off..Heres the email the gal sent me..I dont know if its rude or if Im just sensative..I wanted to know, do you hold special licensing to use Registered Brand Trademark Names on your soap creations like, Oreo, Mounds, Kit Kat, Hershey,and Snickers. If you do,then I know I am buying from a legitmate business. If not, then it is illegal to use their names for your soap creations and sell as a retail. A state tax permit is not the same. Thank you for your time in this matter. I always check out my ebay sellers before I buy something. Have a good day!I thanked her for her concern and explained that the lady I buy my molds from does have a copyright...BUT that the only name brand ON my soaps are the kitkat names...Mounds and snickers dont have the name...this email really hit me on the nasty side, but like i said Im probably really sensative since Im only starting out... Quote Link to comment Share on other sites More sharing options...
RobinInOR Posted July 10, 2007 Share Posted July 10, 2007 Yes, if you are selling you are breaking trademark laws. Are you sure the lady that makes the molds has an OK from the candy companies? Even if she does, that doesn't mean you can sell trademarked items. Quote Link to comment Share on other sites More sharing options...
crystalmcvea Posted July 10, 2007 Author Share Posted July 10, 2007 Well, I guess the only thing to do to make this okay is to somehow make it without the name showing. Thanks for the advice! Quote Link to comment Share on other sites More sharing options...
Late Night Posted July 10, 2007 Share Posted July 10, 2007 Yep, it's a trademark infringement. You can only use them for yourself and not to sell. Bummer isn't it! I wanted to make some 'tarts' in the shape of a Rolling Stones tongue but I knew it wouldn't fly. I would have had Yankmee and the Stones after me. Of course, having the Stones show up on my front porch might be worth it....hummmm. Quote Link to comment Share on other sites More sharing options...
lindsaycb Posted July 10, 2007 Share Posted July 10, 2007 I'd ask for your money back as you did not know this. I'd also guess she doesn't hold the appropriate licensing either. Quote Link to comment Share on other sites More sharing options...
crystalmcvea Posted July 11, 2007 Author Share Posted July 11, 2007 Aww i love the gal that makes my molds. She doesnt sell them anymore for this exact reason, come to find out. So, looks like I will rename the ones that dont show and name..and make the others just for me..lol Quote Link to comment Share on other sites More sharing options...
Late Night Posted July 11, 2007 Share Posted July 11, 2007 Aww i love the gal that makes my molds. She doesnt sell them anymore for this exact reason, come to find out. So, looks like I will rename the ones that dont show and name..and make the others just for me..lolThat's a great attitude! Quote Link to comment Share on other sites More sharing options...
benthere-donethat Posted July 12, 2007 Share Posted July 12, 2007 FYI, you should know that if someone reports you to eBay for copyright infringement, they will delete your listings and give you a warning. If you list those things again, you risk being suspended, etc... Quote Link to comment Share on other sites More sharing options...
MissMary Posted July 15, 2007 Share Posted July 15, 2007 Don't forget to check and see if the shapes are trademarked as well. Not sure what the mold looks like, but if it's a 4 rectangle with dents in it to keep them together, that might be trademarked as well. Quote Link to comment Share on other sites More sharing options...
crystalmcvea Posted July 17, 2007 Author Share Posted July 17, 2007 Thanks for all the advice..who knew? NOT ME! lol..I have taken off the candy that has the names. I guess I dont understand how soooo many people are able to sell trade marked items on ebay. Obviously they are like me and didnt know they were doing wrong. Oh well, what can you do? I will be more carefull in the future. Quote Link to comment Share on other sites More sharing options...
Rebecca Posted July 17, 2007 Share Posted July 17, 2007 I always wondered too how people sold gel candles and other things in disney glasses etc at craft shows too. guess they just figured since the glasses were used or they bought them they could. Quote Link to comment Share on other sites More sharing options...
CareBear Posted July 18, 2007 Share Posted July 18, 2007 Obviously they are like me and didnt know they were doing wrong. Um, SOME are like you and don't understand. Others don't care. Quote Link to comment Share on other sites More sharing options...
Shisha Posted July 25, 2007 Share Posted July 25, 2007 I think you have to look at it as a risk. Personally, there are some risks I am willing to take and not others. I wouldn't take this particular risk but that's just me. At other times, I have been willing to take this kind of risk. I sold a t-shirt that used the logo of a MLB team and knew I was taking a risk, but thought it was worth it. MLB didn't make the sizes and styles the fans wanted. I knew that once I got on the MLB's radar, they would eventually send me a cease and desist and they did, but up until that time I sold the items like hotcakes & have no regrets. I'm a rule-breaker though, and have broken the law on numerous occasions without losing too much sleep For example I am pro-legalization of marijuana (even tho I don't smoke it). U just have to decide if you are willing to take the risks. They are not going to come and arrest you because you sell a Kitkat molded soap. They'll just eventually shut down your auctions. Quote Link to comment Share on other sites More sharing options...
Shisha Posted July 25, 2007 Share Posted July 25, 2007 BTW what's up with this self-righteous buyer anyway, she thinks Kitkat is going to be selling a soap? Honestly...git a life. She might actually be a competitor trying to scare you off. Quote Link to comment Share on other sites More sharing options...
CareBear Posted July 25, 2007 Share Posted July 25, 2007 I think you have to look at it as a risk. Personally, there are some risks I am willing to take and not others. I wouldn't take this particular risk but that's just me. At other times, I have been willing to take this kind of risk. I sold a t-shirt that used the logo of a MLB team and knew I was taking a risk, but thought it was worth it. MLB didn't make the sizes and styles the fans wanted. I knew that once I got on the MLB's radar, they would eventually send me a cease and desist and they did, but up until that time I sold the items like hotcakes & have no regrets. I'm a rule-breaker though, and have broken the law on numerous occasions without losing too much sleep For example I am pro-legalization of marijuana (even tho I don't smoke it). U just have to decide if you are willing to take the risks. They are not going to come and arrest you because you sell a Kitkat molded soap. They'll just eventually shut down your auctions.Yea, but how would you feel if someone used YOUR trademarked design or logo for something, even if it's something you didn't make yourself? Would you think that person/company had stolen from you?I personally think it's totally unethical to do something wrong just because you can get away with it. Except I do speed on the Turnpike. Quote Link to comment Share on other sites More sharing options...
Shisha Posted July 25, 2007 Share Posted July 25, 2007 Most of my designs have been ripped off repeatedly. I'm used to it and no longer take it to heart.I believe if a company isn't making smart decisions about how to market their wares, swoop in and show em how it's done. I rarely do these kinds of things to make money---more often I'm doing them because I want something that's not available and other fans end up wanting them too.I don't believe that just because there's a rule against something it makes the rule right, reasonable or enforceable. Last year I was at a swap meet and I found a family selling a garter snake squeezed into a clear plastic box about the size of a pack of cigarettes. No way was I going to pay the family for the snake and encourage them to sell more of the poor critters. So I waited until their backs were turned and popped that snake into my tote bag. After confirmation of the ecological neutrality of letting the snake go from my herpatologist neighbor, he was set free in the backyard and slithered away in happy liberty.Doesn't mean it's not generally wrong to steal, just that laws to regulate commercial interests are not held by most to have the same sacred quality as, for example, laws that regulate the protection of life and limb. Quote Link to comment Share on other sites More sharing options...
Ring of Fire Posted July 25, 2007 Share Posted July 25, 2007 I am LMAO, you go Shisha. About time someone lightened up this place. Get away with whatever you can, life is short. Hell, the Mexicans do it everyday.Hey carebear, watch that speeding. We don't want to see your mug shot on Access Hollywood anytime soon. Quote Link to comment Share on other sites More sharing options...
CareBear Posted July 26, 2007 Share Posted July 26, 2007 Hey carebear, watch that speeding. We don't want to see your mug shot on Access Hollywood anytime soon.When I go down it'll be for something with a HUGE payoff!!! Quote Link to comment Share on other sites More sharing options...
comfortscents Posted June 6, 2011 Share Posted June 6, 2011 Knowing eBay the "buyer" who contacted you was another seller under a different name and just wanted to snipe at your heels. Besides, did she think that by having wax kit Kat tarts in her house would bring the FBI down on her? The only mold I had some reservations about selling products from was a Hello Kitty mold. The Company that trademarks Hello Kitty is very vigilant, so I never sold hello kitty tarts online. I sold Tiffany Blue soap shaped boxes and initially eBay pulled them, then I went to the company whose colorant was called Tiffany Blue and explained to eBay and all I had to do is add the word "colored" and the problem went away. Same with Shabby Chic, eBay had zero tolerance for that phrase so people work around it by either reversing the words or adding an "n". I've had photos stolen on eBay, mold makers who wanted to sell a particular mold would steal my photos of the finished product. Once I found someone who had used Ring of Fire's photo. I've had other sellers duplicate my photo set up to sell their soaps...each seller has a distinctive style of photography, show me a random soap or candle photo from any eBay seller and I can probably give you the seller's name. My favorite photo ever was one of Ring of Fire's...I called it the muffin that ate Cleveland..lol..remember Donna? Quote Link to comment Share on other sites More sharing options...
Noodle Posted June 6, 2011 Share Posted June 6, 2011 Many years ago, I received a letter directly from a big cookie company (who shall be nameless) that I was infringing on their trademark. Yes, I was infringing, but had no idea that I was. I was new to the business, my cookie soaps were adorable, and they were caught on Ebay. A representative from the company called me. The gentleman was very kind, but said that I had to change the name of the scent and remove the name of the cookie from the soap itself. I just ditched the entire product and never made anything like that again. It is normal to make mistakes and to be unaware. I follow the rules and would not infringe on another person's product. I know this now, but did not know it then. Quote Link to comment Share on other sites More sharing options...
soapbuddy Posted June 6, 2011 Share Posted June 6, 2011 I had one of my soaps pulled after I received a C & D letter from the company that made Twilight the movie. Quote Link to comment Share on other sites More sharing options...
Stella1952 Posted June 6, 2011 Share Posted June 6, 2011 Bottom line is that if YOU did not design something, someone else holds the intellectual rights to it. If they license or give you the rights (in writing), then you may use the material under the terms of that agreement. If not, then if you sell or otherwise profit from the use of the design you did not create, you are infringing.The person who sent you that message did you a favor. Now you know and you SHOULD ask the same questions that person asked of you before buying molds. eBay is FULL of people who ignore copyright infringement and moldmakers are some of the worst offenders. Their attitude is "if I can knock it off, it's mine." If eBay closed down every seller who infringes on copyrights, they'd be a much smaller site. They don't care, so long as no one complains. Caveat emptor. Quote Link to comment Share on other sites More sharing options...
leisa2003 Posted June 6, 2011 Share Posted June 6, 2011 (edited) At first I was confused wondering if the OP came back again with all this,..(this was originally posted in 2007),..lol,..man I feel like I am wigging out sometimes!! hehe!!ETS: And I'm still not sure I like this new board. OH WELL!!! Edited June 6, 2011 by leisa2003 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.