Pictures taken from bakery – WSVN 7News | Miami News, Weather, Sports
(WSVN) – A South Florida woman owns a bakery where she makes one-of-a-kind cakes. Guess what an employee did when she left to open her own bakery. It’s Help Me Howard with Patrick Fraser.
Many people bake to enjoy the dish. Nicole bakes to make people smile.
Nicole Dechert: “I love creating cakes because we get to be a part of people’s special events, and that’s really special for us.”
Nicole owns The Cake Lovers in Broward.
Nicole Dechert: “I love my job so much. It’s very rewarding in so many ways, and I’ve worked extremely hard to get to where I’m at today.”
It’s a bakery with a great reputation for creative cakes and pastries … and since Nicole’s on Help Me Howard, a burning problem.
Nicole Dechert: “So this specific person decided that they had the right to use my business’ photographs on their Facebook, Instagram, their website.”
The employee had been with Nicole for four years and decided to start her own bakery. Then she is accused of using pictures of Nicole’s cakes to attract customers to her bakery.
Nicole Dechert: “This cake is on The Cake Lovers website, and here it is also by Elizabeth’s.”
Picture after picture. The one on the left is a cake the former employee posted on her website. On the right, the same cake from Nicole’s bakery.
Nicole Dechert: “So I reached out very kindly and said, ‘Hey, please take them down.’”
She didn’t. Nicole sent a cease and desist letter. She ignored it.
Nicole Dechert: “She has not taken the photographs down, and she’s continued posting my products as her own on her business page, which is not allowed.”
Taking not one photograph from Nicole’s bakery, not 10.
Nicole Dechert: “I’d have to sit there and count. There is probably over 100.”
Using Nicole’s pictures, even though she signed an agreement to not do that, that reads: “You could not use The Cake Lovers cakes and desserts as your own or to promote work on a side business.”
Nicole Dechert: “I’m flattered that she loves what I’m doing here and my brand. However, it’s not yours. Create your own thing, your own design.”
The former employee even admitted she was using pictures from Nicole’s business writing on her website: “Some images displayed depict cakes and desserts made by me while employed by previous professional bakeries.”
But you can’t do that, Nicole countered.
Nicole Dechert: “I don’t even have the words to describe how frustrating and upsetting it is, especially after all I’ve done for that individual.”
Nicole worked 15 years to build The Cake Lovers. Can a former employee use her pictures that could damage Nicole’s bakery, Howard?
Howard Finkelstein: “No. Copyright and trademark laws prohibit you from using someone’s creations or even your creations while you were employed by them. And just saying the pictures came from a prior employer is still infringement. You have no right to use it. If you don’t stop and get sued, it will cost you financially.”
I tried to speak to the former employee several times. Elizabeth Sabella didn’t respond to emails or phone calls. Finally, after a few weeks, she sent an email demanding I “cease all direct and indirect contact” with her, “prompted by false claims made by a former employer.”
I emailed back: “What are the false claims?”
She didn’t respond, leaving Nicole with one last option.
Nicole Dechert: “Now, I’m going to have to take her to court and pursue legal action at this point. It’s the last thing I wanted to do.”
It will be expensive, but Nicole believes it has to be done to protect her Cake Lovers creation.
Nicole Dechert: “I worked really hard to earn this business, and I have this successful business for many years, and she doesn’t have the right to take it as her own.”
Why does the former employee think its OK to use The Cake Lovers’ pictures? She wouldn’t talk to me, but when Nicole sues, she will have to talk to the judge, or she can simply solve the problem by taking the pictures down.
A problem left you glazed over? Tired of the half-baked scheme? Turn up the heat and let us provide the icing on the cake.
With this Help Me Howard, I’m Patrick Fraser, 7News.
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Reporter: Patrick Fraser at [email protected]
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