Stealing my cakes! - Page 2

Even if you stop selling to her, she could still purchase your cakes by having someone else buy them for her.  Here's a thought.  Why not put your business card (protected of course) on top of the cake board directly under the cake so no one can see it until the cake is eaten!  Or maybe at least have it under the board.  

Wait!...you can even make it a selling tool for all your cakes!   Instead of just your business card you could put a 'thank you for your business' card/ coupon with an offer of some kind from your business so they'll know how to contact you directly!  Ha ha!  Hey what about a receipt taped under the cake board with how much your customer paid for the cake?   OK...it's late.  I'm tired and punchy.  I'll stop now!

 Imagine the client's shock. I love those ideas hehehee!

Apart from being mad you should also feel extremely flattered.  Not only does she think that your work is good enough to resell but that it is good enough to resell at a big mark up.  Take the positives from the experience.
 

I think this is a clear sign that you can up your prices- there are clearly people willing to pay the mark up- very few of us ever get hard evidence for product value like that so make use of it!

 

I appreciate it's frustrating that she's made money from your product but maybe this is a good oppertunity for you to sidestep the temptation of revenge (believe me I'd be fuming too!), but make use of her contacts/customer base instead.

 

I'd suggest offering this person a commision for bringing you customers- I do this mutually with local bakeries who don't offer the kind of cakes I make- clearly none of those who actually bought from her came to you for a price or they'd have noticed the price difference and bought from you directly. She may therefore be able to increase your custommer base on top of your increased prices- just be sure that they are marketed as YOUR cakes not hers lol.

 

If she refuses this generous offer, never sell to her again and maybe even warn other bakeries of the name.

Absolutely love Camijok's idea of the business card or coupon under the cake.  Like your thinking....I would not have thought of that. 

Write this reselling customer a letter advising that you will no longer accept orders from her. NO REASON to be stated. Send it by registered mail.

 

Discuss with a lawyer the option of sending this reselling customer a "cease and desist" letter as well. This letter might be cc'd to your board of health.

 

Put all the text messages together and print them onto paper.  Download and print both sets of pictures onto paper.  Prepare a written complaint to your health departrment advising them that you have just found out that this named person is reselling from you against your consent (very important).  Include a copy of your letter to her.

 

To protect yourself:  do business by email NOT text messages (easier to print). Make sure you have a street address (which you can google for new customers).

 

Your contracts may include a statement that the person named in the contract is the end consumer.  Write that as a separate item that requires a signature. Then you have fulfilled your obligations under law.

 

You need to treat this seriously because one despicable but effective way to destroy a licensed business is to create exactly such "violations".

Edited by BakingIrene - 12/14/12 at 7:53am

whether or not you can pursue legal action - do find out how much your cakes have been resold for and then rethink your pricing. Her profit might be substantial to go to all of this trouble. Hopefully her old "customer base" is now yours once word gets out to any of her previous customers.

Put your name on the box with marker or on some sticker so she'll have to at least buy new boxes. Can just imagine her face picking up a cake and seeing that on the box. But she'd probably have the nerve to ask for a different box....jerk. I don't know the laws on this but I don't know if you could NOT sell someone a cake. She may turn it around on you for being prejudice to her or something. I would send her something in writing and return receipt that she has to sign for stating that you believe she is reselling your cakes and you are not licensed for that and that you prefer she buys elsewhere. Maybe even tell her you have notified the health department regarding this and hopefully that will shake her up a bit too. If she talks to you in person make sure to have another person around as a witness. Some people are crazy so be careful. Good luck.

Find out how much she is selling them for, and increase your prices to match. Problem solved.

Wait a minute, all the people saying there's no legal recourse.  What if you are an artist and you paint something and someone buys it and sells it again representing it as their own work.  I don't think it would be a problem if they lady is selling it and admitting that it's someone else's work but she must be claiming it's hers and isn't that where the legality issue comes in?  I don't think you'd have to copyright a cake just like you wouldn't be expected to copyright a painting??  Art is art. 

That's what I was thinking , raise your prices you know your too low if someone can do no work and make money off of you. What people don't think of.

I do cakes as a hobby with the hopes of one day owning my own business like you. I design my own cakes and I am by far not a rich person so what I do which is something I learned really young is to do what is called a "poor man's copy write". I would create my design and then mail it to myself and never open the envelope. I would also take a picture of any design I created with the dated imprinted on the picture and detailed information about the creation and mail it to myself and never open the envelope just in case I have to sue someone. I don't know if this is something that will hold up in court or may help you, but you can speak with an attorney for legal advice. I believe that as long as you have solid proof that this type of transaction is taking place you may be able to be compensated for it, but again speak with an attorney to make sure. 

I agree with everyone else if possible don't sell to this person anymore and add a disclaimer to your website if you have one. 

Good luck.

The "poor man's copyright" is a waste of a stamp, it does not prove anything since it is trivial to reseal an envelope.

http://www.copyright.gov/help/faq/faq-general.html

In any case, if a cake is sufficiently original to be protected under copyright, the first sale doctrine allows for the legal resale of an original copyrighted work (but not copies of said work) without permission from the copyright owner.

The simple fact of the matter is that this woman is committing fraud if she is passing your work off as her own.  There is such a thing as intellectual copyright that covers ideas and designs.  You would have to speak to a lawyer about that.  I would, however, let her know that you are aware of what she has been doing and that you want it to stop immediately.  Then I would stop doing business with her and make sure the other bakeries in town know what has been going on.

 

Good luck!

Ditto what Jason said.  And gosh, I WISH there was such a thing as Intellectual copyright - every thought I had would potentially be worth millions in a lawsuit!! woohooo!