What are your opinions in this situation?

[myuen]

Hi everyone,

I am new to this forum and I have been looking to find a baking community to join. I am so glad I found this one!
I am dealing with a situation and I would like to hear what sort of advice or suggestions you would have.

I started running a small bakery out of my home kitchen about 2 years ago. Recently, an acquaintance of mine has started to do the same as well. Last week, I noticed she made a cupcake that was almost the same as mine. She posted a picture of this cupcake on her social media with a description using very similar wording as I did on my social media post. I posted about that cupcake on my social media earlier this year in February. I find this coincidence to be very suspicious. I've attached screenshots of what she posted and what I posted.

What do you think?
If you were in this situation, what would you do?

 

[ChesterV]

Well, don't take this the wrong way, but where did you get your ad from? Did you use the same words another ad for a similar cupcake was used, or is this something you came up with all on your own?

If you used the same words as another bakery, shop, or advertisement used, then it is possible this other person did as well.

A lot of bakeries pretty much use the same jargon, wording and phrases to describe a lot of the same items they make, as other shops and bakeries do.

If you think about it logically, there really isn't to much difference that can be made when describing the same cupcake.

If you came up with this description all on your own, then I would ask this other person where they got their ad for this particular cupcake for. And I would word it just like that "where did you get the ad for the lemon meringue cupcake you make"? And depending on what the answer is, you can take it from there.


It's not a crime to copy someone elses ad, unless its trademarked. A lot of people who sell the same items on ebay will use the same exact phrases and words as others who are selling the same thing on ebay.

Yes, I realize you are doing this from home and want it to be special and stick out from others, but it is a cut throat world.


If you don't want to confront this person just yet, then I would suggest you make another kind of special cupcake and advertise that one with some specialized wording. If they follow suit and do the same thing, then you have cause to say something to them. Possibly they aren't good with words or advertising and feel they can only copy someone elses descriptions.


Let us know how this goes!



That cupcake looks yummie by the way!!!!

 

[myuen]

Well, don't take this the wrong way, but where did you get your ad from? Did you use the same words another ad for a similar cupcake was used, or is this something you came up with all on your own?

If you used the same words as another bakery, shop, or advertisement used, then it is possible this other person did as well.

A lot of bakeries pretty much use the same jargon, wording and phrases to describe a lot of the same items they make, as other shops and bakeries do.

If you think about it logically, there really isn't to much difference that can be made when describing the same cupcake.

If you came up with this description all on your own, then I would ask this other person where they got their ad for this particular cupcake for. And I would word it just like that "where did you get the ad for the lemon meringue cupcake you make"? And depending on what the answer is, you can take it from there.


It's not a crime to copy someone elses ad, unless its trademarked. A lot of people who sell the same items on ebay will use the same exact phrases and words as others who are selling the same thing on ebay.

Yes, I realize you are doing this from home and want it to be special and stick out from others, but it is a cut throat world.


If you don't want to confront this person just yet, then I would suggest you make another kind of special cupcake and advertise that one with some specialized wording. If they follow suit and do the same thing, then you have cause to say something to them. Possibly they aren't good with words or advertising and feel they can only copy someone elses descriptions.


Let us know how this goes!



That cupcake looks yummie by the way!!!!

Hi Chester,

Thanks for you opinion! Those words I used were actually something I thought of when I was in baking school and that's how I usually described my cupcakes. I've kept to using that similar phrase even after I started the bakery. The main reason why I think this person is likely copying my cupcakes is because she is my husband's friend. She's had my cupcakes before as I usually bring them out to parties my husband attends and she's on my facebook as well as my husband's facebook which is where we post a lot of our social media posts as well other than instagram. This is not the first time she has posted about a similar cupcake. This is actually the second time which is why I am quite suspicious about this just being a coincidence. That being said, I would like to ask her about it but since she is my husband's friend, there is only so much I can do. Which is why I am coming here to ask for everyone's opinion about what to do.

 

[ChesterV]

Hi Chester,

Thanks for you opinion! Those words I used were actually something I thought of when I was in baking school and that's how I usually described my cupcakes. I've kept to using that similar phrase even after I started the bakery. The main reason why I think this person is likely copying my cupcakes is because she is my husband's friend. She's had my cupcakes before as I usually bring them out to parties my husband attends and she's on my facebook as well as my husband's facebook which is where we post a lot of our social media posts as well other than instagram. This is not the first time she has posted about a similar cupcake. This is actually the second time which is why I am quite suspicious about this just being a coincidence. That being said, I would like to ask her about it but since she is my husband's friend, there is only so much I can do. Which is why I am coming here to ask for everyone's opinion about what to do.

Would your husband be up for asking this person where they are getting their cupcake advertisements from?

Maybe he can find out for you without this person getting suspicious?

If they are copying you, then I don't know what to say. I know you don't want to start something and get your husband in trouble with his friend.

The only other suggestion I can make is to create a new description/advertisement for your cupcakes. Since they already stole your current descriptions, they might not bother your new ones.

Aside from that, there isn't much you can do without having problems arise.

 

[Trellum]

Those two looks very similar, I'm so sorry to say it I truly hope this woman is not copying, but I can't help to think she is, but as Chester put it... better find out what is really going on, I think your husband is the right one for that. Just keep an open mind, and if it turns out this woman is copying... maybe the best is let it slide, unless it keeps happening... then you might need to do something about it, legally speaking, of course.

 

[myuen]

Would your husband be up for asking this person where they are getting their cupcake advertisements from?

Maybe he can find out for you without this person getting suspicious?

If they are copying you, then I don't know what to say. I know you don't want to start something and get your husband in trouble with his friend.

The only other suggestion I can make is to create a new description/advertisement for your cupcakes. Since they already stole your current descriptions, they might not bother your new ones.

Aside from that, there isn't much you can do without having problems arise.

My husband asked and his friend simply said it was something she found online. I've started changing my descriptions of my cupcakes for my new posts this week as well as removing alot of my baked goods descriptions on my website so it won't be as easy to copy my flavor combinations anymore. There really isn't much I can do which is quite hard. This is the tough part about trying to have a bakery and dealing with people who may be copying you.

 

[myuen]

Those two looks very similar, I'm so sorry to say it I truly hope this woman is not copying, but I can't help to think she is, but as Chester put it... better find out what is really going on, I think your husband is the right one for that. Just keep an open mind, and if it turns out this woman is copying... maybe the best is let it slide, unless it keeps happening... then you might need to do something about it, legally speaking, of course.

It's ok. You are not the first one to tell me that they look too similar to be a coincidence since she knows me and she's had my cupcakes before. I am really unsure what legal protection there are in cases like these since she has not been copying "word for word" but it's highly similar.

 

[ChesterV]

I don't know where you are at, but there are different laws in different countries.

I know that unless something is registered, trademarked, or a copyright.....there isn't anything you can do.

I have heard in some cases, where someone was copying like this from someone who was making their living at home....they did sue the other person, as they were messing with their livelihood, as it was this persons only source of income.. And she won her case. The other person had to change all of their ad's, descriptions and what they sold from home.

I would check with your local city offices to see what the extent of the laws are for you and your issue.

 

[justme4910]

chester is right,you need to register your stuff,if you can and I wouldn't give her another slice of bread or a cup cake,just smile and say make your own or better yet ask her for one of hers


if you think she is copying your recipes,get a friend (somebody that she doesn't know) and get them to buy some stuff and try them out to see how close they are to yours,that will at least give you an idea of what she is baking and if she is stealing from you or not

 

[myuen]

I don't know where you are at, but there are different laws in different countries.

I know that unless something is registered, trademarked, or a copyright.....there isn't anything you can do.

I have heard in some cases, where someone was copying like this from someone who was making their living at home....they did sue the other person, as they were messing with their livelihood, as it was this persons only source of income.. And she won her case. The other person had to change all of their ad's, descriptions and what they sold from home.

I would check with your local city offices to see what the extent of the laws are for you and your issue.

Thanks Chester! I will keep an eye out if she continues to copy my other things. If she does, I will probably consider getting legal advice for the matter. Your opinions and suggestions have been very helpful so far!

 

[myuen]

chester is right,you need to register your stuff,if you can and I wouldn't give her another slice of bread or a cup cake,just smile and say make your own or better yet ask her for one of hers


if you think she is copying your recipes,get a friend (somebody that she doesn't know) and get them to buy some stuff and try them out to see how close they are to yours,that will at least give you an idea of what she is baking and if she is stealing from you or not

I guess I should also consider looking into how to actually register some of my products. My husband has tried some of the stuff she's made before and he said mine are much better quality. Of course he might be biased

 

[djordjem87]

I do not think you can do a thing because you do not own a cupcake and if she did stole your idea shame on her but most you can do is tell her that but what is the point. Maybe it was a coincidence but I really believe you can't do much about it. It is not like you patented something. Then you would have copyrights and it would be easy.

 

[justme4910]

you could catch her in a dark alley and rub cupcake frosting in her hair


just kidding lol hmmmm or was I ?

 

[cupcakechef]

I think it's one of those things where people will always copy what they think is a good idea. I've had it happen to me before, when I've decorated cupcakes one way and had people I know try and replicate it - I have to remind myself that it's flattering when someone wants to try and recreate what I've done, since obviously they think it's a good idea! Sometimes it's easier said than done though!

 

[myuen]

I think it's one of those things where people will always copy what they think is a good idea. I've had it happen to me before, when I've decorated cupcakes one way and had people I know try and replicate it - I have to remind myself that it's flattering when someone wants to try and recreate what I've done, since obviously they think it's a good idea! Sometimes it's easier said than done though!

That's true. I guess in a way you can see it as a flattering response that people are trying to copy what you do. I would probably be happier knowing that the person copied the idea and acknowledge that they copied or replicated someone else's idea. I try my best to stay away from taking other people's recipes without giving the person credit.

 

[myuen]

you could catch her in a dark alley and rub cupcake frosting in her hair


just kidding lol hmmmm or was I ?

LOL not sure if that's a good idea. But I've completely stopped bringing over any of my baked goods since this incident to gatherings when I know she might show up.

 

[myuen]

I do not think you can do a thing because you do not own a cupcake and if she did stole your idea shame on her but most you can do is tell her that but what is the point. Maybe it was a coincidence but I really believe you can't do much about it. It is not like you patented something. Then you would have copyrights and it would be easy.

Yes, it's true there isn't much I can do in this situation since I don't have any legal copyrights or patents for cupcakes.

 

[Bakers12]

First I think if you're going to be advertising to any decent amount of people online, you should go out and get whatever basic licensing you need to run your business. Secondly, call them out on it and maybe they'll stop copying your goodies.

 

[justme4910]

LOL not sure if that's a good idea. But I've completely stopped bringing over any of my baked goods since this incident to gatherings when I know she might show up.

that is a good idea,I don't know who you have for help,but make sure they know that she never gets a cupcake,if you can help it

of course the dark alley may work,of course it may end up like this lol