That’s why this is a legal grey area. How much was the baker responsible for? How much is just a form order for his clients? Where do we draw that line? If the baker has a book of cakes he makes, those are commodity products and he has to make them for anyone. And if a customer says ‘I want a three tiered devils food cake with chocolate buttercream frosting and piping along the tiers and frosting roses with tiers of diameters 18”, 14”, and 10”’ is that a custom creation or has the customer asked for a series of commodity products? I would argue in this case the cake would be a commodity and the baker would have to sell to them.
But what if the customer leaves it to the baker? Is that a commodity? Is it a creative product? If you rely upon their artistic knowledge I would argue that is a creative product. But if you come in and are very specific and only rely on the bakers time then I would argue that is a commodity.
But what if the customer leaves it to the baker? Is that a commodity? Is it a creative product? If you rely upon their artistic knowledge I would argue that is a creative product. But if you come in and are very specific and only rely on the bakers time then I would argue that is a commodity.