Help! Letter From Lawyer, I'm Scared!

Decorating By danar217 Updated 28 Aug 2007 , 7:37pm by tiggy2

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danar217 Posted 27 Aug 2007 , 9:40pm
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Not sure if this is the right place to post this but I didn't know where else...

I do cake decorating as a hobby for friends and family. I have a website but it's basically just a photo gallery. There isn't any ordering info. or prices because it's just a hobby.

Anyway, I had a cake on there with a logo/trademark that I made for a friend's daughter. Today I got an email from from a lawyer representing the company saying that I broke infringement and copyright laws, etc. What!! icon_surprised.gif I'm freaking out. They want all this info. like how much did I make off the cake, gross receipts, etc. Of course, I have none because I didn't make anything on it!

I emailed them back told them this. But I don't know how they even knew who I was or how they got my contact info. All that was on there was my email, which I guess with technology, anything is possible.

Help! Has this ever happened to anyone? Freaking out here! icon_cry.gificon_eek.gif

67 replies
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cc7190 Posted 27 Aug 2007 , 9:51pm
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I have no advice, I just wanted to give you my support!!! I hope everything turns out okay!

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ceshell Posted 27 Aug 2007 , 9:51pm
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Well I don't think it will be too hard to prove that you do this as a hobby and didn't make any money off of it. Don't despair, I am sure they will just make you take the picture down.

Sorry this has happened - I am sure it is still scary! But you didn't do anything wrong so you will be OK! icon_smile.gif

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mgdqueen Posted 27 Aug 2007 , 9:54pm
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I'm sure that is really scary, but try not to worry too much. As you said, you didn't make any money off of it, so you really didn't do anything wrong. LESSON TO SELF-DO NOT PUT COPYRIGHTED/TRADEMARKED CAKES ON WEBSITE!!

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kelleym Posted 27 Aug 2007 , 9:55pm
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Ok, that IS scary! Which character was it? Have we reached the point we're not even allowed to display pictures of the character cakes we've done for free?

If YOU say it was a gift, and your friend will back you up, then you should be fine -- at least that's my understanding of the law. You didn't profit!

I am so sorry this happened to you -- please keep us updated.

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kjgjam22 Posted 27 Aug 2007 , 9:57pm
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i agree with ceshell...i dont think you have to worry..especially since you said you dont make anything on the cakes.

re think putting up licenced stuff.

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Tellis12 Posted 27 Aug 2007 , 9:57pm
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As long as you didn't make any profit off of the cake you should be alright I think. There's a big debate on here about whether or not you should do things that are trademarked and I guess this is a good point against doing it. Good luck with this. I can't imagine how stressed you must be. I'd be freaking out! Let us know how it works out!

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sweetiemama Posted 27 Aug 2007 , 9:57pm
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Just want to show my support...good thing you did not take a profit from this...I think that will help the situation. Yikes, I think we should all learn from your experience! Please keep us updated...and good luck!
Sweetiemama

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Letmebeurdesignr Posted 27 Aug 2007 , 9:58pm
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Are you sure this is a real attorney and not spam? alot of people out there will try to get your information to scam you. If he only emailed you I would look to see if his name and address and phone number are the same as in the whitepages.com Dont jump to conclusions until you find out all the info. Hope all works out for you.

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nefgaby Posted 27 Aug 2007 , 9:59pm
post #10 of 68

Can't imagine the stress you are under right now, but as many said already, don't worry, since you are not making a profit all they may ask you to do is take the photo down. We got your back sister!!!

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lapazlady Posted 27 Aug 2007 , 10:00pm
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Large companies have lawyers that do nothing but look for copyright infringements. I don't know why they would bother with one cake, and it's probably a "form" letter, you answered it, your answer (in my opinion) should satisfy their concerns. (Coke, Pepsi, IBM, etc., any large company is fanatical about protecting their copyright.) (You could offer to make them a cake.) I really don't think you'll have any real problems.

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summernoelle Posted 27 Aug 2007 , 10:00pm
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Scary! Good luck-sending good wishes your way. (((((((((HUGS)))))))))

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tcturtleshell Posted 27 Aug 2007 , 10:07pm
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Sending good vibes your way! Hang in there! I think things will be fine icon_smile.gif

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indydebi Posted 27 Aug 2007 , 10:10pm
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Quote:
Originally Posted by Letmebeurdesignr

Are you sure this is a real attorney and not spam? alot of people out there will try to get your information to scam you. If he only emailed you I would look to see if his name and address and phone number are the same as in the whitepages.com Dont jump to conclusions until you find out all the info. Hope all works out for you.




Very good advice.

HOpe all works out well, and I wanted to thank you for posting what happened to you. A great example in answer to the question "Do they REALLY check on this stuff?"

Well, if he's legit, I guess we just got our answer.

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PoodleDoodle Posted 27 Aug 2007 , 10:13pm
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I wouldn't worry too much. Maybe you should call the law office and speak for the lawer to explain that you didn't mean any harm and that you will remove the picture of the cake. Begging for mercy is an honorable thing to do!

My husband has forgotten to mail the morgage before and the lender calls looking for payment. He ask them to waive the late fee and they did because it was an honest mistake.

Good luck and thanks for posting this. We all have learned from it.

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jenlg Posted 27 Aug 2007 , 10:15pm
post #16 of 68

Sorry to hear what happened....as others have stated...I'd make sure its real and not someone out to get your information. Do they have a real law office name and number to contact? If they were serious wouldn't they contact you through the regular mail? Who heard of lawyers using just email????

Best of luck!

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bharbor Posted 27 Aug 2007 , 10:16pm
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My gut feeling says this is a scam. Do real lawyers really email as their initial contact. Most lawyers I know would find out your contact information and contact you by regular and certified US Mail. But who knows. I would just take the picture off and not worry about it.

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GenGen Posted 27 Aug 2007 , 10:19pm
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if it Is real and we hope its not (sick people out there icon_sad.gif) maybe you can get a signed statement by the friend you made the cake for.

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mgdqueen Posted 27 Aug 2007 , 10:19pm
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I was just thinking to myself and wondering if they would actually contact you any other way than certified mail...I see I wasn't the only one wondering about that. I wouldn't get myself worked up yet.

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dupart30 Posted 27 Aug 2007 , 10:23pm
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sounds like a scam to me. let us know what you find out

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skittles2120 Posted 27 Aug 2007 , 10:29pm
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I just wanted to say good luck on this. Everything will work out fine.

So, are we allowed to do cakes w/logos, for example, sports teams on them??

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ljudd1969 Posted 27 Aug 2007 , 10:39pm
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Maybe you should give us all this "lawyers" email address and we can all bombard him/her w/glowing statements on your behalf!!! It'll take them a week to weed through their incoming emails! icon_evil.gif Seriously, it doesn't sound legit to me. What lawyer would waste his or her time unless they were sure you actually making money off of this cake. If there is nothing to indicate that you were selling/taking orders on your website I wouldn't think anyone should have a problem w/it. If anything it's free advertising for this company/character! Try not to freak. I agree that if it were for real, they would have contacted you another way. Lawyers are sneaky and know how to track people down and find out all kinds of dirty little secrets when they want to so I would think finding out who you were & how to get ahold of you wouldn't be a problem for them (my BIL is one of those sneaky devils and he's very resourceful when he needs to be!) Wishing you stress-free thoughts. Hope this mess just disappears into oblivion for you! icon_smile.gif

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RitzyFritz Posted 27 Aug 2007 , 10:40pm
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My sister worked for lawyers for years. A REAL legit law office would try to find out a physical address and mail you a hard copy letter. Definitely check this out. Too many spamers out there to take this literal until you have HARD COPY proof. I would do my homework and check out this so-called lawyer. It is my gut feeling you have probably been spammed. It is good advice, however, to get a note signed by those receiving cakes as gifts (in this case and any future ones - for you and the rest of us), with you/us receiving no monetary gain.

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LiliS Posted 27 Aug 2007 , 10:41pm
post #24 of 68

Good luck with this one. If you stick to the point that you didnt profit from it and take the picture down, what else can they do? It's not like they can take the actual cake into court at any stage.

I cant imagine what would happen if every company started sueing cake decorators for copy right infringements.. there'd be no kids cakes left to do anymore!!!!!!!!!!!!!! icon_eek.gificon_confused.gificon_lol.gif

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wgoat5 Posted 27 Aug 2007 , 10:43pm
post #25 of 68

this makes me soooo mad....Why even make the darn pans if they are going to SUE everybody for making the darn cake....I know...it's not for commercial use...but COME ON....it's such a piddley thing to sue someone over when there is so much more going on around us that should be taken care of!!!!!!

((((((((hugs to you)))))))))))))

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superstar Posted 27 Aug 2007 , 10:43pm
post #26 of 68

I cannot see any lawyer, especially one who is retained by a company sending you a letter via Email, it is just too unprofessional. You have done nothing wrong, for the record why is it not allowed to post pictures of Wiltons Character cakes, why do they sell the pans if you can't show what you made with it ? This does not make any sense to me, has anyone ever contacted Wiltons, I would say that if the pans are trademarked, then that would mean don't manufacture a copy of the actual pan. regarding logos etc, even Duff makes cakes , like Starbucks, Netflix etc. I would be very interested to know more about this.

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GenGen Posted 27 Aug 2007 , 10:44pm
post #27 of 68

when they asked for reciepts maybe they were trying to find credit card #'s even with partial numbers they can crack and get the whole thing

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vabeach_girl77 Posted 27 Aug 2007 , 10:45pm
post #28 of 68

dont worry, the lord will take care of you. Its just a threat. Just put it in his hands and raise the problem to him and he will take care of it!!!

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sisita Posted 27 Aug 2007 , 10:46pm
post #29 of 68

Can we the photo???.... I don't know about copyright , but what company is???.... Are you sure this is a real attorney and not spam???.... because how much you can ask for a cake????... maybe $50-60-70... Are you rich for that cake... That is not a million dollar cake.....

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vickymacd Posted 27 Aug 2007 , 10:46pm
post #30 of 68

I had the same thing happen to me 2 weeks ago but not with cakes....
I also do embroidery (as a hobby) and to get a catalog from a company I had to have a company name. I came up with one on the spot and since it was very appropriate for my name I stuck with it when in the same situation. Two weeks ago I got a call on my answering machine from a guy who said HE has this name for several years and is registered and his attorney will contact me to settle this. My phone is unlisted also but he called me! My husband said to not worry about it. I haven't heard from this guy since.
Just be careful with trademarks, names, etc. I learned! Good luck.
This also happened to me when I did craft shows years ago. Disney recruiter came to my booth and shut me down. I won!! I was able to draw freehand (after making several hundreds of these things) and since I changed them a little, that they couldn't permanently shut me down. So, just be careful with what you do.

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