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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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247 replies

Froznheart · 08/06/2017 13:22

I've name changed for this as it will out me.

I'm a cake maker by trade, I'm fairly successful but recently did a cake that was extremely popular in my area and was shared lots of times which meant mynpage has become really popular.

I've just had a message from someone asking for a quote on that particular cake. I went on to their profile to check what area they were from and it clearly says on the profile that she is a professional cake maker with her own cake business - so basically a rival of mine.

I responded to the message and said what date did she need the cake for as I'm virtually fully booked over the next couple of months and she replied saying "I'm not fussed about the date, I will fit around you can you just provide me with a price please" I replied with "I will check the diary when I get home and let you know when I'm free" and she replied saying "ok but can you give me a price now?"

How do I respond to this? Part of me wants to say fuck off you just want to pinch my ideas and pricing but I know that it's not professional 😂

So mumsnetters - what would you say? And AIBU to tell her to bugger off Grin

OP posts:
LyingWitchInTheWardrobe2726 · 08/06/2017 15:42

Sorry if it's already been said OP but what's to stop her giving you a fictional date and you then being put in a position of quoting for it? Sooner or later you will have to either come back with a price - or refuse to quote.

If she's that determined, she'll get the costs from you, one way or another and there's nothing you can do about it unless you want to scupper your own business.

Froznheart · 08/06/2017 15:47

snotgoblin there are a couple of tv programs about it - one being cake wars 😂

OP posts:
LyingWitchInTheWardrobe2726 · 08/06/2017 15:48

Would not the McDonald's nuggets themselves be subject to 'copyright'? It's confusing because a cake make to look like them wouldn't be original, would it? Confused

I'm glad my cakes are awful. I never have to worry about anybody copying them. Grin

InDubiousBattle · 08/06/2017 15:50

Not at all pedantic Lady! Quite correct. No experience of design right as my work was copy right. Unless it could be catagorised as a sculpture! Some of the cakes I've seen on mn most certainly are works of art. You wouldn't want to eat them!

Not sure how op would get on if it was a Mac Donalds logo though. I still want to see this cake!

InDubiousBattle · 08/06/2017 15:52

Cake wars?!?

hazeydays14 · 08/06/2017 15:59

I have no useful advice I'm afraid but I just came to say:
I love cake wars.
I am so hungry for cake and chicken nuggets right now.

Yukbuck · 08/06/2017 16:08

Op I would not engage with her any more. She is clearly just going to copy you!
Are you going to share us a picture of the cake? You have name changed after all!

TSSDNCOP · 08/06/2017 16:10

I reckon she's going to get you to make it, pay you, then charge an extra 20 from her client.

GherkinSnatch · 08/06/2017 16:11

Sigh this was the wrong thread to read on a fast day... I would sell my pfb for 20 mcnuggets right now Sad

I totally understand your cynicism OP. It's why I've never sold any of my cakes - I'm too much of a pushover.

AngeloMysterioso · 08/06/2017 16:25

OP was your cake for someone whose name begins with R?

expatinscotland · 08/06/2017 16:33

I wouldn't reply to her again.

Ariawyn · 08/06/2017 16:36

Sigh this was the wrong thread to read on a fast day... I would sell my pfb for 20 mcnuggets right now sad

me too gherkin! - dont google chicken nugget cake....

liquidrevolution · 08/06/2017 16:37

Tell her Maccy D nuggets are so last week and you have moved onto KFC zinger burgers.

AnnetteCurtains · 08/06/2017 16:45

just block her

PerryMasonsFriend · 08/06/2017 16:50

Unless you have copyrighted your design, anyone can copy any Cake design.

ARRGGGHH!!! I can't stand it when people give legal advice when they don't know what they are talking about. The above is utter bollocks.

THERE IS NO SUCH THING AS "COPYRIGHTING" (AS A VERB) A DESIGN IN THE UNITED KINGDOM.

Copyright exists automatically in any ORIGINAL artistic work - this includes sculptures and would include a cake.

So you paint your picture, make your sculpture, make your cake and IF your design is orginal you automatically get copyright protection. You don't have to "copyright" it - because it is automatically protected. It is nonsense to speak of "to have copyrighted your design".

In the USA, there is a copyright registration system ("to copyright your design") but that only deals with certain legal matters (like proving you are the owner). It doesn't "create" the copyright which also exists automatically.

However there are a number of issues:

  1. Your design has to be original. So if it is (eg) a cake that is a flat framed Mona Lisa - it isn't original because it's a copy of the Mona Lisa.
  1. The person you are suing has to have COPIED your work - which means having had access to it. If (say) your cake is a postbox and they also make a postbox, it is perfectly possible they may have come up with the idea independently on their own. Unless there are unusual features of your postbox cake that have been copied, it would be difficult to win.

Separately, there is a design right system which gives exclusive rights to designs either through unregistered design protection (consisting of both EU & ational UK unregistered rights) or by filing an application for (1) a UK registered design or (2) a registered Community design. Some of these don't apply to surface decoration so it would all depend on what your design was and what you wanted to register.

But if you make an original design cake and someone copies it without your permission, they are infringing your copyright. Whether it is worth your while to do anything about it is another matter...

CaptainCanaryLove · 08/06/2017 16:59

I usually find legal stuff boring but that was an interesting read above!

So, forgive my ignorance Perry but would the chicken nugget cake be classed as an original or would it be a Mona Lisa scenario? Or does it depend on if there is an original lay out/design to the McDonald's nuggets? I'm stupid and hungry, forgive me

shuangnick · 08/06/2017 17:10

thats easy. ask her for a stake and then make a further cooperation with her.thatll be the best solution. trust me

Skisunsnow · 08/06/2017 17:19

Also a cake maker here and I would reply asking why a professional cake maker would want to order a cake from another cake maker. Yes, I often have a look at other people pages, but part of being a professional is being able to come up with your own ideas AND be able to price them, which they obviously can't do either!

MorrisZapp · 08/06/2017 17:29

As a general rule, nothing pisses me off more when enquiring about prices than the seller demanding to know more before telling me. Gym membership is the worst for this but I'd like a rough idea of the cost of a cake before entering into specifics.

LadySalmakia · 08/06/2017 17:38

Ooh Perry that made me come over all funny. Much copyright love in your direction. fans self

Melawen · 08/06/2017 17:38

This woman is clearly being cheeky! I'd be far more inclined to believe her if she'd said something like "I can't help one of my customers as I'm busy, but can I put her in touch with you" in the first place!!

iknowimcoming · 08/06/2017 17:39

I'd reply and say "please provide me with the clients name and phone number and I will contact her directly" and then DONT!! If it's shady she'll no doubt be back in touch within a few days complaining you've not made contact. Or if you really want to be Miss Marple (and who doesn't?) give it a few hours days, call the number using 141 and ask to speak to 'insert name of shady cake baker' and then you'll have your answer mwah ha ha! Oh and report back here immediately Grin

yumscrumfatbum · 08/06/2017 17:45

I get a bit of this in my industry. I am self employed and provide a service. I have found it useful to befriend other people locally who provide the same service. We refer work to each other and get advice from each other. Obviously I would expect people to do their own ground work and I wouldn't give away information on skills that I had worked hard to learn but I am always friendly and vaguely helpful

Butterymuffin · 08/06/2017 17:46

Three options

  • don't reply anymore
  • ask for the 'client's name and details and do what iknow says above
  • quote something ridiculously above your actual price
PerryMasonsFriend · 08/06/2017 17:47

LadySalmakia

Ooh Perry that made me come over all funny. Much copyright love in your direction. fans self

Accept my apologies. Please accept these smell salts.