I am not sure if it is a Tik Tok trend (although, that seems unlikely because, if it was, my 8-year-old would have probably hit me up for one by now…or dozens aka the Labubus and Nee Dohs littering my house and putting a hole in my bank balance). But it seems to have proliferated recently that people are getting luxury birthday cakes made: Versace cakes, Louis Vuitton cakes, Chanel cakes and so on. The birthday cakes are decorated with the luxury brand. I came across this phenomenon when I saw a Facebook post by someone seeking a Chanel cake for the Coomera area. The juxtaposition of Chanel and Coomera caught my eye.
And as a trade marks attorney, the inevitable questions came to mind. Is this trade mark infringement? Does Chanel have a registration for birthday cakes or cake decorating? Is it passing off? Would people think the cake decorators have the sponsorship or approval of Chanel itself? If the birthday girl posts a pic of her cake on her social media site (as someone wanting a Chanel cake is sure to be right into social media) will the photo be subject to a take down notification by Chanel for unauthorised use of their trade mark?
So, I did a quick check. And I was amazed to see, Chanel are all over it. They have a defensive trade mark registration covering cake decorations, cake moulds and cakes! So, that Chanel cake for Coomera…a trade mark infringement lawsuit waiting to happen. Just kidding, I don’t think Chanel is particularly concerned about the party girl in Coomera. But, anyone making and selling branded cakes should be aware. The reason people covet those luxury brands (so much so that they want to put them on their birthday cakes) is because the companies behind them have invested heavily in growing and protecting the brands, including taking steps to pre-empt third parties from profiting off their brand in any sphere.
