Legal Question in Intellectual Property in New York

Likely yes. However the nature of the cooperation between your friend and the bakery needs to be further looked into.

Feel free to have your friend contact my office.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.

Certainly.

If the cake design is original to your friend and the design consists of at least a �modicum� of creativity, then the design may be copyrightable.

She may look into registering the copyright with the US government and enforcing her rights either through presenting demands to the bakery or through litigation.

I am simplifying several requirements and processes of copyright law in order to keep this answer brief. You should consult with an attorney if you have additional questions regarding the specifics of the matter.

Kind regards,

James Michael Smedley, Esq.

As a Franchise Attorney I think the issues here are a bit more complicated and don't warrant a "Certainly" answer. For example, did your friend waive any rights when she disclosed her cake idea to the bakery? Second, copyright doesn't protect "ideas," it only protects the expression of an idea. These are all complicated issues that need to be considered. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation