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[Shannon Pesto]

How can I find out if it is legal to use a trademark without permission? I decorate cakes and am beginning a small business. Can I make NFL, Disney, MLB, etc. shaped cakes without permission?

[lyza2855]

I think this is a copyright issue.  You might want to post to the Copyright Forum.

[JSonnabend]

I think this is a copyright issue.  You might want to post to the Copyright Forum.

Why is this a "copyright issue"?  Aren't logos trademarks?  I agree that copyright might be implicated, but not exclusively, nor primarily.

I think the proper answer is, if you're selling (or perhaps publicly offering) cakes bearing the logos or other trademarks of third parties, you very well may be infringing the marks.  Whether or not such use would give rise to an action for infringement is another issue (as is your chance of successfully defending against such an action).

- Jeff

[lyza2855]

We think my husband had a small stroke on Thursday and I've been trying to do things to keep my mind occupied ever since.  Obviously, posting to this forum was a way to think about something else but not a way to think accurately.

My apologies.  Keep us in your thoughts.  Thanks.

Lyza