What Do Ya Do?

Business By mommyof5kidz Updated 11 Oct 2006 , 1:21am by dl5crew

mommyof5kidz Cake Central Cake Decorator Profile
mommyof5kidz Posted 10 Oct 2006 , 7:51pm
post #1 of 25

I have been solowly working on building a small custom order cake business...I have a cake that I do that has quickly turned into my most popular cake...almost my trademark even. I had someone e-mail last week for the price of the cakes, I responded, never got a responce. Today, I was emailed a link to take a look at a picture of a cake that was posted on a local forum site...it was a very obvious attempt at my cake. POOR attempt, but obviously mine. All the way down to the same font and working that I use on my personalized sign that I do with each cake...also a trademark kind of thing...NO ONE else in my area has EVER done this. Should I be angry that it is being post on the internet for all to see? Or should I just chalk it up to someones poor attemp at my cake and thank the lord for blessing me with the talent to have a cake worthy of copying?
Now...I DO and HAVE copied form many of you truly gifted ladies on this site...but never ever from someone in my area. I think it would be kind of infringing...am I wrong? Should I be upset or thankful? Help me to sort out my mixed emotions on this !! Please!!
Thanks!

24 replies
CakeDiva73 Cake Central Cake Decorator Profile
CakeDiva73 Posted 10 Oct 2006 , 8:08pm
post #2 of 25

What do they say....imitation is the sincerest form of flattery? Or some such crap icon_lol.gif Yes, it would tick me off but I don't think there is anything you can do about it. Your cakes are awesome and there are bound to be some out there who think they can do it better.....

But remember, imitation may vaguely resemble the real thing but will never be genuine. Was it a friend who emailed it to you or a client trying to get you to drop your prices? If it was a client, I would honestly ignore it all together. I would, however, love, love, love to see your cake vs. 'The Imposter' cake icon_lol.gif

I really need a good chuckle right now....

JoAnnB Cake Central Cake Decorator Profile
JoAnnB Posted 10 Oct 2006 , 8:08pm
post #3 of 25

It is easier if you just feel flattered. The rest is a waste of energy. Take heart in the fact that they can't really duplicate your artistry.

mommyof5kidz Cake Central Cake Decorator Profile
mommyof5kidz Posted 10 Oct 2006 , 8:22pm
post #4 of 25

http://www.kingwoodunderground.com/topic.jsp?topicId=2994754
That is a link to where her cake is posted.
Mine are in my photos. I do not know how to link any photo to here. I think I have 2 or 3 variations of the cake....

CakeDiva73 Cake Central Cake Decorator Profile
CakeDiva73 Posted 10 Oct 2006 , 8:34pm
post #5 of 25

LOL!! icon_cry.gif There's the chuckle I was hoping for!

Your cake is flawless, BTW. And, yeah, they totally tried to copy it.....
It doesn't look that bad....until you see what it was supposed to look like. Yours is perfect - so have no fear. Just try to find the flattery in it instead of the irritation.....it is not as if people are going to be running to that person for their cakes instead of you. Perhaps someone wanted to give it a try and see how hard it was....it's only flour, eggs and butter after all! icon_lol.gif

emmascakes Cake Central Cake Decorator Profile
emmascakes Posted 10 Oct 2006 , 8:36pm
post #6 of 25

I'm hacked off on your behalf - I've just looked at her cake and it's a direct rip off of yours! Even down to the 'Princess' bit, the font, she's even tried to do the colours to. I would contact her and just say that you saw her picture, think it's good work (being gracious even if you don't feel it!) but would be really grateful if she could make a mention of you in the sourcing of her ideas.

I had an email from a woman who'd tried to copy one of my cake ideas, she sent me photos asking me what I thought. I said it looked good (it didn't though icon_wink.gif) and asked that she cite my cake as inspiration. As she lives in a different country to me I had no issue as she's not competition.

However, this woman is and I think she's got a nerve. Your work IS better but people who don't know cakes well would think it was her idea which just isn't fair. Soildarity cake sisters!

splash2splat Cake Central Cake Decorator Profile
splash2splat Posted 10 Oct 2006 , 8:39pm
post #7 of 25

I think it would be a little irriated but your cake is so beautiful and I would try to think of it as a compliment. I know when I look at all of your cakes and want to try to make one or something similar it is only because I am amazed at the work and hope that someday I can be that good. icon_wink.gif

ge978 Cake Central Cake Decorator Profile
ge978 Posted 10 Oct 2006 , 8:39pm
post #8 of 25

If you don't think she did a good job...why be upset? Plus she stated that she "stole" the idea and made her own variations so I would just be flattered and not worry about it.

berryblondeboys Cake Central Cake Decorator Profile
berryblondeboys Posted 10 Oct 2006 , 8:41pm
post #9 of 25

I was reading the comments and replies. It really does seem all very innocent. She searched the net, looking for what she wanted, took a little from here and a little from there, and made her cake. I think just a friendly email, like what was mentioned above - like can you please site me as the inspiration, or something like that, just to do you honor.

It really is a compliment. I'm sitting here scouring the gallery pages coming up with ideas for my own cakes. Isn't that what most of do? Look at magazines, catalogs, web sites, looking for inspiration? I guess it just feels a little too close for comfort when it's a local person doing the same.

Melissa

CakeDiva73 Cake Central Cake Decorator Profile
CakeDiva73 Posted 10 Oct 2006 , 9:02pm
post #10 of 25

Am I the only one that thinks that she is going to go 'No Way' when she gets the email politely asking for artist credit? icon_confused.gif It's not as if I don't feel like it's a fair request, I just don't think it's necessary. I think there was some discussion about how we really can't copyright or lay claim to certain designs. And don't we all look to each others work for inspiration?

Quite frankly, she is not even in the same league and for that reason, I would not contact her but that is just IMHO, of course icon_smile.gif .

mommyof5kidz Cake Central Cake Decorator Profile
mommyof5kidz Posted 10 Oct 2006 , 9:06pm
post #11 of 25

Thank you all for your encouragement...i neededit!
The only thing with the whole thing is...she didn't look therough the internet...she e-mailed me directly for a price quote on that cake, took the pic of My cake to another lady and had it done. I found all of the posts in that whole forum site. It is stated in 2 or 3 different threads who made the cake that she wanted. It doesnt bother me that my cake was copied, what bothers me is that it was done deliberately after getting the price quote from me, than she had another lady make the cake. someone Close to me. here on this site...I think we all post our cakes knowing that they will have the potential of being copied. I do it. This is different. She took my cake, my style and copied it...and then POSTED it for the community to see. I guess that is what really irritates me. Oh well...it is done...
Like i said...i don't mind my cakes being copied...but not ny another cake person so close to home...AFTER i was already contacted for that cake. Is that confusing...or unreasonable?

dolfin Cake Central Cake Decorator Profile
dolfin Posted 10 Oct 2006 , 9:07pm
post #12 of 25

I agree with berryblonde,ge978. The cakes are similar, not alike and she did state that she researched online and stole ideas from here and there and incorporated into what she wanted. Take it as a compliment and leave it at that. I also look at all the cakes here for inspiration. Some I like the borders or the flowers sometimes just the color. Whatever idea I borrow let me tell you never looks the same as the original!

CakeDiva73 Cake Central Cake Decorator Profile
CakeDiva73 Posted 10 Oct 2006 , 9:13pm
post #13 of 25

Oh, Holy Cow! I didn't realize that.......very sneaky. I take it that cake is not posted here in this forum? Is she aware of this forum as well?

The copy still pales in comparison icon_smile.gif

smbegg Cake Central Cake Decorator Profile
smbegg Posted 10 Oct 2006 , 9:18pm
post #14 of 25

Here is my question. WOuld you be upset if someone here did a similar cake? I guess that I would not be upset, unless they were stealing my business. The idea is wonderful. Though the other cake is not as beutiful as yours.


Stephanie

mommyof5kidz Cake Central Cake Decorator Profile
mommyof5kidz Posted 10 Oct 2006 , 9:22pm
post #15 of 25

I am glad I got to "talk" to you all! I was irritated, but now, I am only a bit disgruntled. I don't know if she knows about this site, but I doubt it. I guess it would be "neighborly" of me to tell her about it? Maybe then she would refrain from copying my cakes and only copy people far far from home! lol.
Thank you all for your encouragement! I will just let it go...because I don't think she will be doing any posting of where she got the actual idea from! It's ok....someone did actually stat that it looked like one of my cakes....so I at least got that!!! lol...
Thank you!!!!

CakeDiva73 Cake Central Cake Decorator Profile
CakeDiva73 Posted 10 Oct 2006 , 9:23pm
post #16 of 25

If I did a flat-out 'copy' of a cake from here on CC, I would give credit in my description..... I probably wouldn't tell my clients or anything like that, but chances are, I wouldn't be copying someone who was local.

I have seen many cakes posted and immediately can identify the book I saw them in... To be really honest, I think almost all the ideas used to create our cakes come from things we've seen here, on other online galleries, books, tv shows, etc.... our subconscious is always active. And I am the most uncreative person I know so if I didn't have places to go for inspiration, all my cakes would be white with a shell border icon_confused.gif ....how sad is that?

mommyof5kidz Cake Central Cake Decorator Profile
mommyof5kidz Posted 10 Oct 2006 , 9:25pm
post #17 of 25

HECK NO!!!! I would so not be upset! I would be honored!!! Heck..I love to share ideas!! Just not so close to home....the under handed way it was done. I have told moms how to get their icing smooth, or how to do a technique, and have printed pics of my cakes for moms to use instead of buying it from me. THEY do not post it on the internet though...it is just a very fine line I guess

CakeDiva73 Cake Central Cake Decorator Profile
CakeDiva73 Posted 10 Oct 2006 , 9:33pm
post #18 of 25
Quote:
Originally Posted by mommyof5kidz

THEY do not post it on the internet though...it is just a very fine line I guess




Hee hee....'The fine line between love and cake!' icon_lol.gif

KHalstead Cake Central Cake Decorator Profile
KHalstead Posted 10 Oct 2006 , 9:41pm
post #19 of 25

is this woman in the business of selling cakes?? Or was this one that she just made for her daughter for her birthday???/

KlyKat Cake Central Cake Decorator Profile
KlyKat Posted 10 Oct 2006 , 10:22pm
post #20 of 25

It would be funny is she "accidently" found out about this site and read what all was being said icon_lol.gif

I agree I would be a little irritated, but let me say this...Your cakes are gorgeous and you are definitly 100xs more talented than this SNEAKY "copycatter" icon_surprised.gif

Its one thing to imitate or copy someone else cake or style, but the whole SNEAKY thing is what gets me. K'ly

mommyof5kidz Cake Central Cake Decorator Profile
mommyof5kidz Posted 10 Oct 2006 , 10:41pm
post #21 of 25

She IS in the cake business...she sells them through that forum site. That cake was sold to the person who inquired on my price. It took a little bit of reading and comparing my own e-mails...but I put the pieces together and then she actually states that she "stole" ideas from here and there. I went into that site and put CAKE in the search bar..I found MANY spots where I was talked about, my cake posted, and then to find out that it was copied...I guess I felt "robbed"...because there were 2 or 3 different discussions on that site about the cake in question, and she was told several timeas that I did the cake. Like I said...it is done...over with...and I can't do anything about it...except look at it like I have a cake worth copying! lol....
SOOOO MANY of you do too! I have copied...never exact...but gotten great ideas. I just need to let it go....and be thankful for my talent and for people like you who show frustrated people like me how to!!! lol Thank you all!

debbie2881 Cake Central Cake Decorator Profile
debbie2881 Posted 10 Oct 2006 , 10:43pm
post #22 of 25

i cant say that i would be upset because i do this, i come on here and get ideas and go make my cake. i do agree that its so much like yours with colors and everything but for example when a client comes to you and says she wants the same exact cake that was done by a famous person, color and everything what do you say? i admit it was a bad way to go about it, getting a price from you and then going to someone else with your exact cake photo but lesson learned. i dont think that we can ever do anything to stop something like this except not to post our pics anywhere. i'm glad you are feeling better about the whole deal.

madicakes Cake Central Cake Decorator Profile
madicakes Posted 10 Oct 2006 , 11:08pm
post #23 of 25

Is it possible that the person who did the cake didn't know what the client had done, as far as getting a price from you, using your cake picture, etc?

I know I, myself, use cakes here on this forum for inspiration, and I try to credit the person i got the idea from. Seeing as how your cake is also posted on this forum, it really is entirely possible that she, or anyone else, could get on here, find your photo and take it to another decorator. I guess that's the chance we take by posting our creations on a public forum. I know that's not entirely the case here in your situation though.

I would just take it as a form of flattery and let it go at that.

modthyrth Cake Central Cake Decorator Profile
modthyrth Posted 11 Oct 2006 , 1:06am
post #24 of 25

Yeah, I'd definitely be pissed, too. She went about this whole thing in an unprofessional, disrespectful manner. And yes, given the circumstances, it's clear that she drew her inspiration directly from your cakes.

Now putting on my attorney hat. She didn't make a direct copy of your cake, and she didn't violate your copyright. Yes, she was clearly inspired by your work, but she took that basic concept (which is not copyrightable, only the exact design you did is) and she made it her own. Technically, she's completely in the clear and never even has to mention you. That doesn't mean she's right in what she did. Like I said, I'd be mightily irked. And the least she could do is credit you as the inspiration.

Do you watermark your images? If you look on my website, you'll notice that every image says www.tradewindtiaras.com on it somewhere. That way, if someone sends one of your images to another baker, there's at least a better chance that they'll decline to copy your work.

If anyone ever does start to make direct copies of your work, I have some generic cease and desist letters that you can send. Often, just a legally worded letter is enough to scare them into compliance.

dl5crew Cake Central Cake Decorator Profile
dl5crew Posted 11 Oct 2006 , 1:21am
post #25 of 25

Someone might have alrady said this. I haven't read the whole post. If you scroll down past the pictures of the copy. The lady states that she "stole the idea from here & there. then made it work with what she had" Confession without holding her under the light. icon_cool.gif

Quote by @%username% on %date%

%body%