1-800-Flowers Rips Off The Bloomery - Again!

Status
Not open for further replies.
I have to agree with the point of 800flowers design team looking around online for ideas. Besides what self respecting designer would go and work for them? ( I know money does funny things to us)

I was wondering about how you could protect the idea. Perhaps this would require a new company started by florist to protect these ideas.

I would imagine this kind of thing could easly backfire on 800flowers and I am sure they would put the blame on their design team.
 
your cupcake is ADORABLE!! that little check bow is the perfect finishing touch.. I do an Ice cream soda-and the dog.. and maybe the cake in the future..
People will copy a good Idea- it stinks(especially if they don't ask), but it keeps us on our toes.
 
LJVF said:
I agree. I think the garden tote was even more blatant forgery than the cupcake. I remember they both looked almost identical.
Click to expand...

Do you know that restaurant dishes cannot be copyrighted? The picture of a dish can be copyrighted, but not the dish itself. Any chef in the world can duplicate your masterpiece and they sure do. So the only thing we can do is to protect the recipie (we run restaurants).

So the question here is whether a flower arrangement is analogous to a chef's masterpiece dish or to other creative art such as photography or painting.

One thing, though, is that I've never seen a single flower arrangement that has a copyright mark on it. The picture might be copyrighted and the name might be trademarked. But I don't recall any TFTD800 arrangements that are copyrighted.
 
goldfish said:
Do you know that restaurant dishes cannot be copyrighted? The picture of a dish can be copyrighted, but not the dish itself. Any chef in the world can duplicate your masterpiece and they sure do. So the only thing we can do is to protect the recipie (we run restaurants).

So the question here is whether a flower arrangement is analogous to a chef's masterpiece dish or to other creative art such as photography or painting.

One thing, though, is that I've never seen a single flower arrangement that has a copyright mark on it. The picture might be copyrighted and the name might be trademarked. But I don't recall any TFTD800 arrangements that are copyrighted.
Click to expand...

Interesting point. I see this analogy with clothing as well, seems that a company comes out with a unique design, only to see this same design become a fashion trend and then duplicated. The only difference is the name or logo on the item.
 
LJVF said:
Interesting point. I see this analogy with clothing as well, seems that a company comes out with a unique design, only to see this same design become a fashion trend and then duplicated. The only difference is the name or logo on the item.
Click to expand...

As far as I know, fashion design is currently not protected by copyright laws. They can, however, protect certain signs and logos as trademark.

There was a discussion about "copyright-ability" of fashion design in Congress. Read here.

excerpt

As noted above, the Copyright Office takes no position at this time as to whether Chapter 13 should be amended to include protection for fashion designs. Proponents of such legislation have provided the Office with anecdotal evidence that fashion designers are harmed by the sale of “knockoffs” of high-end fashion designs. To be persuaded of the need for such legislation, we would have to see more such evidence, as well as some evidence quantifying the nature and extent of the harm suffered by fashion designers due to the lack of legal protection for their designs. To the extent that the Office has been presented with anecdotal evidence, that evidence relates to clothing designs.
Click to expand...
 
In simple language...Your photo can be copyrighted your design might be able to be patented but, all one has to do is change the slightest thing about it and they can run with it.

My brother is an artist, he discovered how to grow fractals with paints in water and adhere them to glass for the most spectacular paintings. Before going public he applied for a patent. Thousands of dollars latter and years of battle all he can do is patent the mixtures of chemicals and paints he uses to achieve his effects, there is nothing else that is patentable, not the process the idea.

If you use a photo of someones painting for advertising you must obtain permission of the artist, if you paint one yourself trying to duplicate that same painting you do not, because now it is your art and not the other persons. That is exactly why there are knock offs of everything, use just can not use the trademark label of the designer.

Funny about the cupcake, we had a cupcake design like this 2 1/2 years ago. Minus the bow (which I would make sure and have a disclaimer on for a fire hazard) it did not sell well for us in store so we never put it on our website, boy was I dumb huh?


Joan
 
In simple language...Your photo can be copyrighted your design might be able to be patented but, all one has to do is change the slightest thing about it and they can run with it.

My brother is an artist, he discovered how to grow fractals with paints in water and adhere them to glass for the most spectacular paintings. Before going public he applied for a patent. Thousands of dollars latter and years of battle all he can do is patent the mixtures of chemicals and paints he uses to achieve his effects, there is nothing else that is patentable, not the process the idea.
My brothers discovery is not only of great proportions in the art world but even more grand in the scientific world. He will be written in history scientifically and acknowledge as the most significant representation of art for this decade. One of his creations hangs in a museum in Europe representing the greatest movements in art for each decade.

If you use a photo of someones painting for advertising you must obtain permission of the artist, if you paint one yourself trying to duplicate that same painting you do not need permission, because now it is your art and not the other persons. That is exactly why there are knock offs of everything, you just can not use the trademark label of the designer.

Funny about the cupcake, we had a cupcake design like this 2 1/2 years ago. Minus the bow (which I would make sure and have a disclaimer on for a fire hazard) it did not sell well for us in store so we never put it on our website, boy was I dumb huh?


Joan
 
That's the pitts... We went to a floral convention last month and the presenter must have seen your product also. She made up some using silicone cupcake molds. We have been making them for a few weeks now, however, the silicone molds are flexable and our's are a lot smaller than yours. Can you reveal the source for your cupcake mold vases??
 
Status
Not open for further replies.
Top Bottom
Back