The Real Story behind Cricut Cake

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Posted 4/7/2010 by theremingtons in General Scrappin'
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Free~Bird
'Cause I'm as free as a bird now

PeaNut 104,551
September 2003
Posts: 11,788
Layouts: 3
Loc: Missouri

Posted: 4/8/2010 10:30:28 PM
1. Your mom has the worst lawyer ever.

2. Even when given some decent advice, your mom decided not to follow it.

3. It's not slander/libel if it's true. Course, it might cost her a lot to prove that it was true.

4. She needs to sue for the use of her photos for starters. Everything else, I have a feeling she'll lose.

5. I don't consider a cricut a tool "like a screwdriver". It's a very specialized and patented tool. She had an opportunity to patent a technique, and she opted against it. When the chance came up to partner with PC, and they started to show her their colors, she ignored it and hoped for the best.

I have found that when you have that bad feeling... follow it!


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ladytrisha
AncestralPea

PeaNut 23,636
October 2001
Posts: 4,263
Layouts: 0

Posted: 4/8/2010 10:32:06 PM
FWIW, I would be looking at least to the attorney that represented this lady at the meetings with PC ... if the statements are accurate, he did very little to protect his client's interests - whether or not she could afford the patent fee. He still had a duty to protect her and make sure that no photos were taken that would breach her work product.


Trish
Simi Valley, Ca.
Enjoying paradise with my hunky Hawaiian hubby for over 33 years;
Proud Scout Mom to my Eagle Scout Brian!
If its Sunday - its NASCAR in the house! #48 heading for SevenTime!
Fast men in fast cars -- WOOHOO!!



Cara in TX
Paper Angel in Bulletin Board Hell

PeaNut 198,220
March 2005
Posts: 26,581
Layouts: 25
Loc: Outside Houston

Posted: 4/9/2010 12:02:43 AM

Teehee!! They are pulling threads like crazy over there! LOL!! Tons of people are posting it now!!! And they are hopping like crickets deleting them.

Thats ok, there's more of us than there are of them!

Don't they realize how bad thats making them look?


What do you expect them to do? Let their members bad-mouth them on their own website that they provide for free? Especially is the story isn't true as they see it? I actually think it makes the posters look bad and if I owned the website I would be revoking their membership. The Cricut message boards are a wonderful resource that they provide for free and I don't blame them for not letting the posters there slam them. If those posts aren't against the TOU iver there I wouldn't be surprised if a rule for things like that isn't added very soon, If I owned the website I would be adding it asap.

I am sure the truth is somewhere in between the two sides of the story posted here. But history has proven if you don't want to go to the trouble of getting a patent to protect your idea then all bets are off. That's the reason patents exist.


~Cara




DS#1~16yo DS#2(Autistic)~13yo
I've got the b**bs in the family, and they can be used for evil or for good. ~Qwendy, June, 2005
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scrapstitcher
StuckOnPeas

PeaNut 394,109
October 2008
Posts: 2,470
Layouts: 8
Loc: Ohio, USA

Posted: 4/9/2010 6:29:22 PM
So.... in other words PC basically stole her idea and are claiming they thought it up too in 2007. Um, yeah right.



aJerseyGirl
[insert clever title here]

PeaNut 246,022
January 2006
Posts: 6,564
Layouts: 98
Loc: New Jersey

Posted: 4/9/2010 8:11:52 PM
I don't know, I don't think it's that far-fetched to believe that PC began research and development in 2007. I don't know if it's true or not, but it's not impossible.

We read her side, and PC's and as another poster said, the truth is probably somewhere in the middle.

I'm still a little confused as to what she invented. Was it the "idea" of using the Cricut for cakes, or did she actually invent the technology to do it (the blade/cutting mechanism, mat)? If it was the idea of it, I would find it hard to believe that she's the other one who thought of it. As soon as Cricut came out, people were trying to cut all kinds of things besides paper -- fabric, felt, foam, chipboard, etc. Then they came out with the deep cut blade to make those things easier. So why wouldn't they brainstorm other things to do with it?

I'll probably get flamed for this, but there's some strange things about that "real story". I don't know if I buy all of it.

MotherofJackals
Turning holy water into wine

PeaNut 27,168
January 2002
Posts: 22,427
Layouts: 27
Loc: Hanging out by the state line

Posted: 4/10/2010 12:23:46 AM

I am sure the truth is somewhere in between the two sides of the story posted here.


I agree.

Wendy J.
PeaAddict

PeaNut 164,754
August 2004
Posts: 1,690
Layouts: 33
Loc: North Dakota

Posted: 4/10/2010 1:26:08 PM
I feel bad that she took the time to perfect a new and genius technique and tried to get PC to work with her in promoting her technique by using their product. The cricut is just a tool, we all use many tools to be creative, plus when we use ANY of our scrapbook tools, we generally improve on what the company originally set out for that tool to do....so obviously she improved on what that tool was originally set out to do. I don't get why PC wouldn't want to work with her in using her perfected techniques. KWIM?

As far as PC saying they already knew about this in 2007- bull- they didn't have a clue about it until she perfected the settings, and made some ideas (that they "stole" ) yet again, to promote their tool. Don't you think if they had been working on it since 2007, they would have some of their own photos to use? That they would have a cake decorator that they would list as the creator of the ideas and cakes in photos??- (if they had any....which they don't, thus they needed hers!)
IF (big if) they actually do have a cake decorator working for them, I hope this person steps up to take credit.....but I suspect PC is trying to find a snarky, cheating, lying cake decorator out there to say that they had been hired in 2007 to perfect this technique....yeah, and hopefully no one is that deceitful- but is PC?



Nantini
Ancient Ancestor of Pea

PeaNut 274,935
August 2006
Posts: 5,850
Layouts: 8

Posted: 4/10/2010 4:11:25 PM
Slight hijack.

Cara, is that a new picture? I think it loks great!



Ms.Snickerdoodle
Throwing snowballs instead of throwing heads!

PeaNut 83,570
April 2003
Posts: 5,532
Layouts: 49
Loc: Halloweentown

Posted: 4/10/2010 6:17:47 PM
I don't think it is that far fetched that they started working on this in 2007- I mean how long did it take for MM to get the blasted Slice out- we saw the videos of the machine over a year before it was out- and it was already working at the time- it was just orange!

I feel bad for your mom, I really do, and hindsite is 20/20, but she should have listened to her attorney and applied for a patent.

I also think there are 3 sides to every story, your side, their side and the truth (which is typically somewhere in the middle).




aJerseyGirl
[insert clever title here]

PeaNut 246,022
January 2006
Posts: 6,564
Layouts: 98
Loc: New Jersey

Posted: 4/10/2010 6:50:08 PM
According to the story, she presenting the technique at a show in April of 2009, one year ago. If PC stole the idea then, and didn't have even a thought about using the Cricut for cakes until that time, that's a pretty fast timeframe to research the idea, do market research, develop the technology to do it, and market the product. All in under a year?

Also, can someone answer something that I'm confused about? What component did she invent? Was it the actually blade or other mechanism used? Or was it the "idea" to use the Cricut for cakes?

ScrapbookBabe
PeaFixture

PeaNut 111,527
October 2003
Posts: 3,517
Layouts: 0
Loc: West Coast

Posted: 4/20/2010 7:05:30 PM
wanted to see if anybody had answered the question ajerseygirl asked...

MotherofJackals
Turning holy water into wine

PeaNut 27,168
January 2002
Posts: 22,427
Layouts: 27
Loc: Hanging out by the state line

Posted: 4/20/2010 10:35:14 PM

What component did she invent? Was it the actually blade or other mechanism used? Or was it the "idea" to use the Cricut for cakes?


From what I understand it was a modification to the machine to make it possible to cut gum paste. I'm guessing how to set the blade, place the material and the exact type to use without gumming stuff all up.

minnat
PeaNut

PeaNut 285,437
November 2006
Posts: 103
Layouts: 0

Posted: 4/21/2010 10:31:22 AM
I suggest that you and your attorney consider filing a lawsuit based on idea submission implied in fact contract.

Minna

scrapwithshelby
PeaNut

PeaNut 337,167
September 2007
Posts: 180
Layouts: 8
Loc: Collegeville, PA

Posted: 4/21/2010 7:48:52 PM
I'm not surprised at all. This statement:


Remember the fiasco when lss couldn't buy the Cricut cheaper than what the big box stores were selling them for?


shows an awful lot about their business dealings... I am sorry for your mom. She may have made mistakes in how to deal with them, as so many people have pointed out, but it's a hard lesson to learn. It sounds like what she really wanted mostly was credit for the idea. That doesn't sound so unreasonable.


Shelby
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miksma
Baby Pea Step

PeaNut 465,488
April 2010
Posts: 1
Layouts: 0

Posted: 4/21/2010 10:08:20 PM
The concepts of a nondisclosure agreement and a non-compete agreement are baffling me. First, a non-disclosure agreement for a meeting with that many people is nonsensical. Just what exactly would PC and that roomful of PC people be prevented from disclosing? The fact of the meeting itself? Surely not the process that Linda herself posted on youtube and her website for anyone to see. Second, what would be the crux of the non-compete? That PC agree not to sell DVDs detailing how people could modify their machines? At the end of the day, isn't that Linda's business -- selling the DVDs? PC still isn't doing that. Was Linda in the process of making her own machine? Or did Linda want PC to not create the Cake so she could continue to advocate her DVD method? I don't think her attorney screwed up by not getting the NDA or NCA signed because it doesn't seem to me they were worth boo. I think her attorney screwed up by not tying her to a chair to get her to patent whatever she deemed patentworthy before spilling her guts to her most significant -- and perhaps only -- competition.

Totem
StuckOnPeas

PeaNut 173,080
October 2004
Posts: 2,692
Layouts: 77
Loc: Rosie's Dog Beach

Posted: 4/22/2010 12:07:32 AM
I hate hearing about greedy stuff like this. And they totally pimp her stuff out at their show? WTH? I don't even think Walmart would do that. They would at least make some kind of token deal with her before backstabbing/copying her.





ScrapbookBabe
PeaFixture

PeaNut 111,527
October 2003
Posts: 3,517
Layouts: 0
Loc: West Coast

Posted: 4/22/2010 10:14:20 AM
ETA: the above poster's comments:

"The concepts of a nondisclosure agreement and a non-compete agreement are baffling me. First, a non-disclosure agreement for a meeting with that many people is nonsensical. Just what exactly would PC and that roomful of PC people be prevented from disclosing? The fact of the meeting itself? Surely not the process that Linda herself posted on youtube and her website for anyone to see. Second, what would be the crux of the non-compete? That PC agree not to sell DVDs detailing how people could modify their machines? At the end of the day, isn't that Linda's business -- selling the DVDs? PC still isn't doing that. Was Linda in the process of making her own machine? Or did Linda want PC to not create the Cake so she could continue to advocate her DVD method? I don't think her attorney screwed up by not getting the NDA or NCA signed because it doesn't seem to me they were worth boo. I think her attorney screwed up by not tying her to a chair to get her to patent whatever she deemed patentworthy before spilling her guts to her most significant -- and perhaps only -- competition"


the babypeastep post above makes some valid points. I'm not sure she should have been selling DVD's with her technique for everybody to see and then not expect than provo craft wouldn't run with it.

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