Rights and Responsibilities
I recently made a cake that started out as a ''gag'', but turned into a challenge. It was an idea between my sister and I, but the actual baking and carrying out of the whole thing was left to me. It turned out really well and I was told I should patent it. Instead of patenting it (I didn't know you could do that) I would like to start selling this cake and different variations of it. What are my rights and responsibilities in regards to my sister and her small contribution to this cake once I start selling them? Do I have to pay her or would I be covered just in giving her credit for it partly being her idea? Thanks for your help.
1 Answer from Attorneys
Re: Rights and Responsibilities
Interesting questions. First off, if the cake is indeed distinctive, you might seriously want to consider getting intellectual property protections for it before taking it out into the marketplace where it could be duplicated. As for your sister, much would depend on her actual contributions to the cake. You probably could solve most potential problems with her by getting her to agree to a written contract giving her some agreed to percentage out of the first x number of cakes sold. Good luck.
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