Nappy Cakes

CandyB101_2

Shelley3774 wrote: »

Thanks so much Soblivion i really appreciate your comment. She quoted copyright and stated she put the ribbon combinations together!!!! I've decided its best to ignore her so i've blocked all correspondence from her. She wants to be careful though because under the protection from Harrassment Act if I feel I am being harrassed I can report her to the police. So i've always got that in my favour

Hi Shelley,
I dont see why you should have to make your facebook private, surely that is the reason why we use it, getting in contact with friends, especially old friends that we would otherwise have lost touch with.
Again, I'd report her to facebook too.

Have a look at the facebook link below,
http://www.facebook.com/terms.php

Here's two points for starters .......
In addition, you agree not to use the Service or the Site to:

• harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• intimidate or harass another

Maybe if she gets a strike against her on ebay for her conduct, she might think twice about upseting anyone else. Hopefully her sales will go down too!!! She's got my back up, so I can understand how you must be feeling :mad:

soblivion

Shelley3774 wrote: »

Thanks so much Soblivion i really appreciate your comment. She quoted copyright and stated she put the ribbon combinations together!!!! I've decided its best to ignore her so i've blocked all correspondence from her. She wants to be careful though because under the protection from Harrassment Act if I feel I am being harrassed I can report her to the police. So i've always got that in my favour

I have actually just found a website who makes them which has a copyright. http://www.nappycakeco.com.au/ only the website and pics of made items are copyright. Meaning you cannot use any part of their web design or their pics to sell your own.
I'd still ask her for copyright details to be sent to my email addy. Even after all that, I think I'm right in saying? - if something is reproduced and is 50-75% of the whole item different then her copyright wouldn't apply. You'd need to check this. Copyright is an extremely grey area, I know it's there to protect but if I was designing a knitted baby hat - my own pattern and you designed a different one, I couldn't then tell you not to use the same wool as me - much like the 2 ribbon idea.
I hope all of you nappy cake makers don't think I'm being rude when I say this (I do think they are lovely honest) but they are all much of a muchness (not a nice phrase, sorry) in the way they are made - nappies, blankets, teddies, ribbons, baby items etc but they are all different colours, teddies, ribbons, baby items, placements etc. There's the 50-75% difference.
Shelley you'll need to be careful though - if indeed she produces copyright for (using 2 ribbons together) and you are selling them (doesn't have to be just on ebay) and don't want to get caught up in legalities if she persues she can stop you.
She's gone about it very poorly indeed. A polite email with the copyright enclosed and a firm please stop message should have been her first port of call. Not hounding and harrassing.
If she's telling the truth you'll need to decide if it's easier to just change the ribbons or consult a solicitor who deals with copyright issues re the 50-75% difference. <- (Don't tell her you'll be doing this in the first instance until you've checked with the solicitor where you stand)
This is only my advice - I'm not a solicitor - check what I've said is correct.

becs

All this talk of copyright got me interested and I've been doing a bit of investigative work! Looking on the web it would appear that you don't register copyright it is something that is automatic, however it doesn't look as if nappy cakes would be covered by copyright. It is more specifically for artwork such as drawings etc which could not then be copied. For example the walt disney drawings of Mickey Mouse. It certainly would not apply to using a combination of ribbons unless she herself had designed the hello baby ribbon. So in actual fact the designer of the "hello baby" ribbon is probably already automatically covered by copyright so she is teh one in breach of copyright!
Nappy cakes looks as if they would fall into the category of a design rgeister which you do need to pay for and register, however to be eligible to register a design it must not be "like" anything that already exists-so by their very nature I would say this was impossible.

Becs

Shelley3774

soblivion wrote: »

I have actually just found a website who makes them which has a copyright. http://www.nappycakeco.com.au/ only the website and pics of made items are copyright. Meaning you cannot use any part of their web design or their pics to sell your own.
I'd still ask her for copyright details to be sent to my email addy. Even after all that, I think I'm right in saying? - if something is reproduced and is 50-75% of the whole item different then her copyright wouldn't apply. You'd need to check this. Copyright is an extremely grey area, I know it's there to protect but if I was designing a knitted baby hat - my own pattern and you designed a different one, I couldn't then tell you not to use the same wool as me - much like the 2 ribbon idea.
I hope all of you nappy cake makers don't think I'm being rude when I say this (I do think they are lovely honest) but they are all much of a muchness (not a nice phrase, sorry) in the way they are made - nappies, blankets, teddies, ribbons, baby items etc but they are all different colours, teddies, ribbons, baby items, placements etc. There's the 50-75% difference.
Shelley you'll need to be careful though - if indeed she produces copyright for (using 2 ribbons together) and you are selling them (doesn't have to be just on ebay) and don't want to get caught up in legalities if she persues she can stop you.
She's gone about it very poorly indeed. A polite email with the copyright enclosed and a firm please stop message should have been her first port of call. Not hounding and harrassing.
If she's telling the truth you'll need to decide if it's easier to just change the ribbons or consult a solicitor who deals with copyright issues re the 50-75% difference. <- (Don't tell her you'll be doing this in the first instance until you've checked with the solicitor where you stand)
This is only my advice - I'm not a solicitor - check what I've said is correct.

The first email i received from her via ebay was quite firm and she asked me not to use hello baby ribbon and spotty ribbon together as she put the ribbon combinations together. However I did not put them together the same way i.e i used them on different layers with different ribbons underneath. I emailed back stating that it was a coincedence and that was that. (Bearing in mind the cake I ordered from her was totally different to the one that was listed on Ebay). The subsequent email via Facebook i received from her was again very abrupt and she stated having seen my email address she realised that it was not purely coincedental and that I ordered a cake from her previously. She then stated my cakes were extremely similar to hers (which they are not) and would I bear this in mind when others start copying mine!!??!! Then she went on to say sarcastically good luck in your venture but at last count there were 70 other businesses selling on the web.
I found the email intimidating - others may not because its not directed at them. It concerned me though that she had my home address.
Amazingly though she doesnt make them for 1 year olds and does not do cupcakes. Also her designs use shredded paper and a muslin for the 2nd tier - I dont use either. I think apart from the ribbon issue she doesn't like the fact that I also dont place items on the outside of my cakes (except scratch mitts). A lot of the online companies use items on the outside - personally i rather hide them inside.
At present the only similarity is on 1 cake which uses similar ribbons - there is no other similarity on any of the others. I checked this after having her email.
I am going to leave it at this for the moment and will not do anything further unless I decide to set up an online shop. Its not as if i'm Richard Branson and have a nappy cake empire here LOL. I would be very interested to see if she has contacted another online company who use exactly the same toys and themes as here. I was tempted to email them actually and ask if she had been in contact with them too xx
Like you stated earlier there is only so much variation you can use with nappy cakes there are all much of a muchness.

becs

I too would find it intimidating especially if she has your address details, not nice at all. She's upset at anyone else trying to do the same business as her, you'd have to ask though whether when she started out there were other cakes like hers out there! I strongly suspect there were as this has been around a while! That's the nature of business, very few companies have the luxury of being the only supplier so the majority that don't have to compete for business, it's called life!
I'm like you Shelley I have all my bits on the inside aswell where possible as I like the neat simple finish. That was quite predictable though as I like everything unfussy and simple, that's just my taste. I wouldn't let it worry you but would say if you receive any more emails from her to paste them on as many forums as you can find! Name and shame! I certainly wouldn't want to buy from someone who conducts business like that!

Shelley3774

You know what Becs if I do have anymore I will do that - name and shame her. Thanks xx:rotfl::rotfl:

clarabell1984

Well my first nappy cake was greatly received this afternoon by my friend and her daughter who is now 1 today! Although it was my first attempt I am still quite chuffed with it - especially since the reaction that I got was amazing! (I got slighly embarrassed! lol) My sister in law now wants the details to make one for her friend and I think I might start picking up bits and bobs for my cousin who is due in novemeber and attempt my 2nd nappy cake! Thanks to all that helped me! x

becs

Hi Clarabell1984

I'm really pleased your cake was so well received, it's what it is all about! I haven't done one for my friend yet as she is due in 6 weeks. I've kept it secret that I've started doing the cakes but I can't wait to give one to her and see her reaction.

Becs

*Louise*

moonpenny wrote: »

IGNORE PREVIOUS LINK - THIS IS THE RIGHT ONE

www.bagnboxman.co.uk

Bet most of you know it anyway!! Think I'll go out and come in again!!! LOl

Thanks for that - those are much cheaper than the ones I've been getting.

CandyB101_2

Yippee,
I am so proud of myself, yesterday I sold my first nappy cake !!!!
It was for the owner's son at a busy restaurant, so fingers crossed word will get around.
Although really starting to panic now, have just booked a stall at a local autumn fayre.
Need to get the details translated into spanish !!!

Need to shop ..... need to shop ..... need to shop !!!!