Chocolate French Silk Cake

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011) OMB No. 0651-0050 (Exp 09/20/2020) Request for Reconsideration after Final Action

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 88143296 LAW OFFICE ASSIGNED LAW OFFICE 103 MARK SECTION MARK https://tmng-al.uspto.gov/resting2/api/img/88143296/large LITERAL ELEMENT IPEK STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES The mark consists of standard characters, without claim to any particular font style, MARK STATEMENT size or color. ARGUMENT(S) Please see the actual argument text attached within the Evidence section. EVIDENCE SECTION

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\\TICRS\EXPORT17\IMAGEOUT17\881\432\88143296\xml9\RFR0211.JPG Argument in support of registration. Exhibit A - Urban Dictionary, "Ipek". Exhibit B DESCRIPTION OF EVIDENCE FILE - Third-party use evidence. Exhibit C - File Wrapper for App. No. 78913374. Exhibit D - Consent of record for cited registration. Exhibit E - Wikipedia - "Filo" SIGNATURE SECTION RESPONSE SIGNATURE /Howard Natter/ SIGNATORY'S NAME Howard Natter SIGNATORY'S POSITION Attorney of record, New York bar member SIGNATORY'S PHONE NUMBER 212-840-8300 DATE SIGNED 07/10/2019 AUTHORIZED SIGNATORY YES CONCURRENT APPEAL NOTICE FILED YES FILING INFORMATION SECTION SUBMIT DATE Wed Jul 10 16:25:41 EDT 2019 USPTO/RFR-XX.XXX.XXX.XXX- 20190710162541801249-8814 3296-6208e2ec5db68af7d9d4 TEAS STAMP 191579392fe8a27f203daca06 91fe4942b703366754c-N/A-N /A-20190710161833904254

Request for Reconsideration after Final Action To the Commissioner for Trademarks:

Application serial no. 88143296 IPEK(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88143296/large) has been amended as follows:

ARGUMENT(S) In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE Evidence in the nature of Argument in support of registration. Exhibit A - Urban Dictionary, "Ipek". Exhibit B - Third-party use evidence. Exhibit C - File Wrapper for App. No. 78913374. Exhibit D - Consent of record for cited registration. Exhibit E - Wikipedia - "Filo" has been attached. Original PDF file: evi_68129224165-20190710161612585659_._Req_for_recon__-_FINAL_-_071019.pdf Converted PDF file(s) ( 12 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7 Evidence-8 Evidence-9 Evidence-10 Evidence-11 Evidence-12 Original PDF file: evi_68129224165-20190710161612585659_._Exhibit_A_-_Urban_Dictionary____304_pek__accessed_7-8-19_.pdf Converted PDF file(s) ( 2 pages) Evidence-1 Evidence-2 Original PDF file: evi_68129224165-20190710161612585659_._Exhibit_B_-_Third-party_use_evidence_-_Accessed_7-3-2019.pdf Converted PDF file(s) ( 170 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7 Evidence-8 Evidence-9 Evidence-10 Evidence-11 Evidence-12 Evidence-13 Evidence-14 Evidence-15 Evidence-16 Evidence-17 Evidence-18 Evidence-19 Evidence-20 Evidence-21 Evidence-22 Evidence-23 Evidence-24 Evidence-25 Evidence-26 Evidence-27 Evidence-28 Evidence-29 Evidence-30 Evidence-31 Evidence-32 Evidence-33 Evidence-34 Evidence-35 Evidence-36 Evidence-37 Evidence-38 Evidence-39 Evidence-40 Evidence-41 Evidence-42 Evidence-43 Evidence-44 Evidence-45 Evidence-46 Evidence-47 Evidence-48 Evidence-49 Evidence-50 Evidence-51 Evidence-52 Evidence-53 Evidence-54 Evidence-55 Evidence-56 Evidence-57 Evidence-58 Evidence-59 Evidence-60 Evidence-61 Evidence-62 Evidence-63 Evidence-64 Evidence-65 Evidence-66 Evidence-67 Evidence-68 Evidence-69 Evidence-70 Evidence-71 Evidence-72 Evidence-73 Evidence-74 Evidence-75 Evidence-76 Evidence-77 Evidence-78 Evidence-79 Evidence-80 Evidence-81 Evidence-82 Evidence-83 Evidence-84 Evidence-85 Evidence-86 Evidence-87 Evidence-88 Evidence-89 Evidence-90 Evidence-91 Evidence-92 Evidence-93 Evidence-94 Evidence-95 Evidence-96 Evidence-97 Evidence-98 Evidence-99 Evidence-100 Evidence-101 Evidence-102 Evidence-103 Evidence-104 Evidence-105 Evidence-106 Evidence-107 Evidence-108 Evidence-109 Evidence-110 Evidence-111 Evidence-112 Evidence-113 Evidence-114 Evidence-115 Evidence-116 Evidence-117 Evidence-118 Evidence-119 Evidence-120 Evidence-121 Evidence-122 Evidence-123 Evidence-124 Evidence-125 Evidence-126 Evidence-127 Evidence-128 Evidence-129 Evidence-130 Evidence-131 Evidence-132 Evidence-133 Evidence-134 Evidence-135 Evidence-136 Evidence-137 Evidence-138 Evidence-139 Evidence-140 Evidence-141 Evidence-142 Evidence-143 Evidence-144 Evidence-145 Evidence-146 Evidence-147 Evidence-148 Evidence-149 Evidence-150 Evidence-151 Evidence-152 Evidence-153 Evidence-154 Evidence-155 Evidence-156 Evidence-157 Evidence-158 Evidence-159 Evidence-160 Evidence-161 Evidence-162 Evidence-163 Evidence-164 Evidence-165 Evidence-166 Evidence-167 Evidence-168 Evidence-169 Evidence-170 Original PDF file: evi_68129224165-20190710161612585659_._Exhibit_C_-_File_wrapper_app_78913374.pdf Converted PDF file(s) ( 18 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Evidence-5 Evidence-6 Evidence-7 Evidence-8 Evidence-9 Evidence-10 Evidence-11 Evidence-12 Evidence-13 Evidence-14 Evidence-15 Evidence-16 Evidence-17 Evidence-18 Original PDF file: evi_68129224165-20190710161612585659_._Exhibit_D_-_Consent_of_Record.pdf Converted PDF file(s) ( 4 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4 Original PDF file: evi_68129224165-20190710161612585659_._Exhibit_E_-_Wikipedia_-_Filo_-_accessed_7-8-19.pdf Converted PDF file(s) ( 4 pages) Evidence-1 Evidence-2 Evidence-3 Evidence-4

SIGNATURE(S) Request for Reconsideration Signature Signature: /Howard Natter/ Date: 07/10/2019 Signatory's Name: Howard Natter Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212-840-8300

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Serial Number: 88143296 Internet Transmission Date: Wed Jul 10 16:25:41 EDT 2019 TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201907101625418 01249-88143296-6208e2ec5db68af7d9d419157 9392fe8a27f203daca0691fe4942b703366754c- N/A-N/A-20190710161833904254

Request for Reconsideration Serial No. 881143,296 Applicant: Vintage Foods IP Holdings, Inc. Mark: IPEK

Applicant's mark IPEK has been refused registration for the goods in Class 30 based on likelihood of confusion, under the doctrine of foreign equivalents, with the mark SILK CAKES (plu' de,ign) (Reg. Nn. 4,042,871) II(the "cited cegi,trntinn").

Applicant submits the following arguments in support of registration, and respectfully requests that the refusal be withdrawn, and that this application be approved for publication.

I. The Doctrine of Fo1·eign Equivalents should not be applied for the i·eason that consumers a1·e unlikely translate the ma1·k to "silk".

The doctrine of foreign equivalents will typically not be applied where the "foreign wording has developed an alternate meaning in the relevant marketplace that is different from the translated meaning in English, and the evidence shows that the alternate meaning would be understood by the relevant purchasing public". TMEP § 1207.0l (b)(vi)(B).

It is Applicants' position that when its mark IPEK is encountered by consumers who are familiar with the Turkish language, this term would be recognized and accepted at 'face value' as a person's name and would not be translated into English. This reasoning is based, in part, upon the following evidence:

A. Wikipedia, "Ipek (given name)", https://en.wikipedia.org/wiki/%C4%BOpek (given name),

(accessed January 25, 2019). Attached at Exhibit 1 of February 22, 2019 Response to Office Action.

This evidence establishes that Ipek is a common feminine Turkish given name and is used, for example, to identify the following persons:

• lpek <;alislar, a writer • lpek Derici, a basketball player • Ipek Emiroglu, Turkish female football referee • Ipek Kaya, Turkish-French women's footballer • Ipek Ozgan, Turkish women's footballer • Ipek Ozkok, Turkish actress and model • Ipek Soroglu, Turkish volleyball player • Ipek Soylu, Turkish tennis player. • Ipek Senoglu, a tennis player • Ipek Yaylacioglu, Turkish actress

B. U1·ban Dictionary, "Ipek" https://www.urbandictionaiy.com/define/php?term=Ipek (accessed

July 8, 2019). Exhibit A. The definitions in Urban Dictionary for the Tenn "Ipek" include the following.

• "a turkish [sic] name for a perfectly beautify girl who would make the english royal family look rnde"; • "a turkish [sic] girls name associated with english and english presenting skills"; and • "a Turkish name for an amazing girl who is generally athletic and has a bright and shining smile." Id.

Evidence from Urban Dictionary, a collaborative online dictionary of slang tenns, is acceptable in ex parte proceedings. See TBMP § 1208.03.

C: Wiktionuy evidence attached at Exhibit 2 of Applicant's Response to Office Action of

Febrnary 22, 2019. This evidence defines Ipek as "[a] female given name which means ' silk"'.

D. BabyCente1· evidence attached at Exhibit 3 of Applicant's Response to Office Action of

February 22, 2019. This evidence defines Ipek as a "[g]irl' s name".

E. Baby Name Guesser evidence attached at Exhibit 4 of Applicant's Response to Office Action of

February 22, 2019. This evidence shows that Ipek is a girl's name.

The above is demonstrative evidence that the term "Ipek" is a given name, and would be recognized as such. Therefore, consumers would be unlikely to translate the te1111.

-2- II. Even if a consume1· would "stop and translate" the muk IPEK to "silk", there is no likelihood of confusion due to the conceptual and commercial weakness of the te1·m "silk" as applied to food prnducts.

Examining Attorney asserts that the doctrine of foreign equivalents should be applied because

"the ordinary American purchaser" would "stop and translate" the foreign term IPEK in Applicant's mark into the English equivalent "silk". Applicant disputes this proposition, for the reasons set forth in its Response to Office Action dated Febrnary 22, 2019, and in Section I, supra.

However, even if consumers would translate Applicant's IPEK mark to "silk", there would still be no likelihood of confusion with the cited registration due to the conceptual and commercial weakness of the term "silk" as applied to food products.

The doctrine of foreign equivalents is only one part of the likelihood of confusion analysis; the marks must still be compared as to appearance, sound, and overall commercial impression. See

TMEP § 1207.0l(b)(vi)(C); Jn re Sarkli, 721 F.2d 353, 354, 220 USPQ 111, 113 (Fed. Cir. 1983)

("such similarity as there is in connotation must be weighed against the dissimilarity in appearance, sound, and all other factors, before reaching a conclusion on likelihood of confusion as to source.").

The weight accorded to similarity in meaning or connotation is strongest when the marks being compared are arbitrary or fanciful. See Jn re Ithaca Industries, 230 USPQ 702, 704 (TTAB

1986) ("the arbitrary nature of the marks involved" combined with the relatedness of goods and identity in connotation "outweigh the dissimilarity of appearance and pronunciation of the patties' marks"); In re Centruro, SA. de CV, Serial No. 77946053 (TTAB March 25, 2019) [not precedential] (the tem1 "scorpion", having no demonstrated meaning in the context of alcohol beverage goods, "will likely be understood as an arbitrary use of the word", and will likely hold the same significance to consumers whether in English or Spanish).

-3- By contrast, the there is less emphasis on similarity in meaning or connotation when the marks being compared are descriptive or suggestive of the goods. "[I]f the English and foreign marks being compared are weak or highly suggestive, or have additional wording or matter that serves to distinguish the marks, then regardless of the application of the doctrine and similarity in meaning, the marks may not be considered confusingly similar." TMEP § 1207.0l(b)(vi)(C) (emphasis added). See also Jn re Ness & Co. , 18 USPQ2d 1815 (TTAB 1991) (finding no confusion due to, inter alia, the "highly laudatory" nature of, and corresponding narrow scope of protection accorded to, the term "goodness" as applied to food items); Jn Re L'oreal S.A. , 222 USPQ 925 (TTAB. 1984)

(differences in appearance and pronunciation, and of identification of goods "would be less significant if the marks applied to the goods were more arbitrary"); Jn re Beautifitl Dreamer LLC,

Serial No. 87161372 (TTAB April 8, 2019) [not precedential] ("whether or not a consumer may stop and translate COSABELLA or BELLA COSA, the suggestiveness of these marks lessens the possibility that confusion is likely").

In this case, Examining Attorney acknowledged the term "silk" "would impart a characteristic and quality to the bakery goods in that they are soft and smooth in texture". Office Action, March

12, 201 9. This is a classic definition of a descriptive, or at best, suggestive mark. See e.g. TMEP §

1209.0l(b) ("A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services"). This demonstrates that the tern1 "silk", as applied to bakery and related goods, is conceptually weak.

The te1111 "silk" is both conceptually and commercially weak as applied to food products (see

Section III, infra). Due to this weakness, consumers are unlikely to place a strong emphasis on any similarity in connotation between the marks. Consumers are therefore more likely to focus on features of the mark other than connotation, such as appearance and pronunciation. It is without

-4- dispute that the respective marks are entirely different as to appearance and pronunciation (see comparison below).

Applicant's mark Cited registration IPEK

Additionally, the presence of the additional wording "CAKES" in the cited mark serves to distinguish the respective marks, futther obviating the likelihood that the marks would be considered confusingly similar. See TMEP § 1207.0l(b)(vi)(C) (" ... [if] the ... marks being compared ... have additional wording or matter that serves to distinguish the marks, then regardless of the application of the doctrine [of foreign equivalents] and similarity in the meaning, the marks may not be considered confusingly similar."

Even if the American consumers were to "stop and translate" IPEK to "silk", they would still not be confused when encountering the respective marks. The differences between the marks are simply too great to engender any likelihood of confusion.

III. The cited muk is a weak mark, and should be only receive a na1Tow scope of protection

A. Evidence of third-pa1·ty use and registration shows that the cited mark is weak, and consequently only entitled to a narrow scope of protection.

The sixth du Pont factor calls for evaluating ""number and nature of similar marks in use on similar goods." In re E. I du Pont de Nemours & Co. , 476 F.2d 1357, 1361 , 177 USPQ 563, 567

(C.C.P.A. 1973). Evidence of third-party use and registration of a term in the relevant industry is

-5- pertinent to the likelihood of confusion analysis. Juice Generation, Inc. v. GS Enters. LLC, 794 F.3d

1334, 115 USPQ2d 1671, 1674-75 (Fed. Cir. 2015); Jack Wolfskin Ausrustung Fur Draussen

GmbH & Co. KGAA v. New Millennium Sports, S.L. U. , 797 F.3d 1363, 116 USPQ2d 1129, 1135-36

(Fed. Cir. 2015), cert. denied, 136 S. Ct. 982 (2016) (citing Juice Generation, 115 USPQ2d at

1674). Evidence of third-party use can show the commercial weakness of a particular mark, whereas evidence of third-party registration can be used to show the conceptual weakness of a te1m.

Such evidence "can show that consumers have been educated to distinguish between different marks on the basis of minute distinctions." Juice Generation, 115 USPQ2d 1671.

"[E]xtensive evidence of third-party use and registrations is 'powerful on its face,' even where the specific extent and impact of the usage has not been established." Jack Wolfskin, 116 USPQ2d

1129, 1136 (Fed. Cir. 2015) (quoting Juice Generation, 115 USPQ2d at 1674).

1. Evidence of thfrd-party i·egistrations show the conceptual weakness of the cited mai·k

In this case, the fact that the dominant element of the cited mark SILK CAKES is commonly registered is evidence that the term "silk", as applied to registrant's goods, is conceptually weak, and entitled to a narrow scope of protection.

Third-party registrations are relevant evidence of the desc1iptiveness or suggestiveness of a mark or tenn "because they are probative of how tenns are used in connection with the goods or services identified in the registrations". In re Morinaga Nyugyo Kabushiki Kaisha, 120 USPQ2d

1738, 1745 (TTAB 2016). "Third party registrations show the sense in which [a] word is used in ordinary parlance and may show that a particular term has descriptive significance as applied to certain goods or services". lnstitut National Des Appellations D 'Origine v. Vintners Int'! Co., 958

F.2d 1574, 22 USPQ2d 1190, 1196 (Fed. Cir. 1992).

-6- Examining Attorney declined to consider the third-party registrations submitted by

Applicant in its Response to Office Action dated February 22, 2019. Since third-party registrations are probative of the conceptual strength of the term "SILK" in the cited mark, it is respectfully requested that the Examining Attorney reconsider his position, and re-evaluate the third-party registrations previously submitted by Applicant. An analysis of these registrations will demonstrate that the term SILK is conceptually weak as applied to registrant's food products, and consequently entitled to a narrow scope of protection.

2. Evidence of thfrd-party use show the commercial weakness of the cited mark

Examining Attorney objected to Applicant's evidence of third-party registrations, on the basis that the "registrations are entitled to little weight on the issue of confusing similarity because the registrations are 'not evidence that the registered marks are actually in use or that the public is familiar with them'" (quoting In re Midwest Gaming & Entm 't LLC, 106 USPQ2d 1163, 1167 n.5

(TTAB 2013).

Although Applicant maintains that its third-party registration evidence is probative of the question of conceptual weakness (see section III(A)(l), supra), Applicant nevertheless presents the following evidence of third-party use of the term "silk" in connection with cakes and related goods.

Evidence of third-party use can be used to establish that the consuming public is exposed to third-party use of similar marks on similar goods. TMEP § 1207.0l(d)(iii). Such evidence can be

"relevant to show that a mark is relatively weak and entitled to only a narrow scope of protection."

Palm Bay Imps. , Inc. v. Veuve Clicquot Ponsardin Maison Fondee en, 396 F.3d 1369, 1373-74, 73

USPQ2d 1689, 1693 (Fed. Cir. 2005).

-7- Printouts of the third-party websites listed below are made of record at Exhibit B. See TMEP

§ 710.0l (b).

Website title URL Date accessed Baking Grace - Chocolate Silk Cake htt2s ://wwvv .bakinggrace .com/ order/ a122l e- 7/3/2019 caramel - cu2cake -rxtf6-wj 4 ~ - gewnt -m6za6/ La Bella Romana Chocolate Silk htt2s ://www .sho2ca2utos. com/ sho2/2roducts ?i sfr 7/3/2019 Cake Slices I Angelo Caputo's Fresh eeTextSearch=true&meal=Good%20Food%20Gui Markets de&2roductld=2 7al ed7c-a5df-4efa-9fc7- 691ac085ff3 e&g=silk%20cake#rank=O/

Chocolate Silk Cake (Half A Sheet) htt2s ://www .a ga tavalentina. com/Chocolate-Silk- 7/3/2019 Cake-Half-A-Sheet-Pl 2843 .asnx Peanut Butter Silk Cake - Sweet htt2 :// sweetjudes.com/home /2roducts/2eanu t- 7/3/2019 Jude's butter-silk-cake/ French Silk Chocolate Cake - htt2s://beyondfrosting.com /2017112111/french- 7/3/2019 Beyond Frosting silk-chocolate-cake/ Peanut Butter Silk Cake Recipe - htt2s ://www.beqycrocker.com/reci2es/2eanut- 7/3/2019 BettyCrocker.com butter-silk-cake/4 7ded2a2-l cf6-404c-a3e6- 512lb55c7514/ French Silk Pie Cake (Copycat htt12s://livforcake.com/french-silk-12ie-cake/ 7/3/2019 Deep'n Delicious Chocolate Cake) - Liv for Cake Oreo and Chocolate French Silk htt2s:l/ www .bakersroyale.com/ oreo-and- 7/3/2019 Cake chocolate-french-silk-cake/ Chocolate French Silk Cake I htt2s://www.co2ymethat.com/r/fi3WWic/chocolat 7/3/2019 ElizabethTurner I Copy Me That e-french-silk-cake/ Chocolate French Silk Cake I htt12://www.bakeandtell.com/chocolate-french- 7/3/2019 Bake&Tell silk-cake/ Peanut Butter Silk Cake htt2s:l/jamiesfeast.com/2eanut-butte1T-silk-cake- 7/3/2019 dessertsss-recin/ Peanut Butter Silk Cake - htt2s ://www.cakecentral.com/reci2e/ 68 34/2eanu t- 7/3/2019 Cake Central .com butter-silk-cake lemon drizzle silk cake with cream htt2s://www.berrysweetlife.com/lemon-drizzle- 7/3/2019 cheese icing I Be1w Sweet Life silk-cake/ TODAY - Chocolate silk cake htt2s://www.today.com/reci2es/chocolate-silk- 7/3/2019 cake-wb112223 15094 Peanut Butter Silk Cake Recipe - htt12s://www.geniuskitchen.com/reci12e/12eanut- 7/3/2019 Genius Kitchen butter-silk-cake-167250 French Silk Cake htt2s://mariamindbodyhealth.com/easyrecipe- 7/3/2019 nrint/30243-0/ Peanut Butter Silk Cake htt2s ://www.bigoven.com/reci2e/2eanut-butter- 7/3/2019 silk-cake/175289 Organic French Silk Cake - Hobby htt2s ://www .hob byfa1ms .com/o rganic-french-silk- 7/3/2019 Farms cake-3/ Triple Chocolate Blackbeny htt2:1/wwvv.craving4more.com/tri2le-chocolate- 7/3/2019 Rosemaiy Silk Cake I Recipe I blackberry-rosemary-silk-cake/

-8- In this case, widespread third-party use of the designation "silk" in connection with "cakes" and related goods demonstrates that the designation "silk" in the cited mark SILK CAKES is commercially weak, and consequently entitled to a narrow scope of protection.

B. The prnsecution history of a prior application for the muk SILK CAKES demonstrates that the term "silk" is descriptive, and thereforn conceptually weak and entitled to a natTow scope of prntection

Applicant notes that the cited registration was not the first time that the owner of the registration, by its Principal, attempted to register the mark SILK CAKES. In application serial number 78/913,374, applicant Judy Lai (the Principal of the owner of the cited mark, Silk Cakes,

Inc.), applied for registration of the mark SILK CAKES (standard characters), in connection with

"cakes" in International Class 30. See Exhibit C, download of the file wrapper for application serial number 78/913,374. See also Exhibit D, Consent of record for the cited registration, signed by Judy

Lai as Principal for Silk Cakes, Inc.

The USPTO Examining Attorney issued an Office Action, dated December 8, 2006, refusing registration of the mark SILK CAKES, on the basis that the terms "silk" and "cake" are "descriptive terms that are merely descriptive of a type of cake". In the Office Action, Examining Attorney attached internet evidence which showed that showed that "silk" is a type of cake. Applicant Judy

Lai failed to respond to the Office Action, and the application subsequently became abandoned.

The owner of the cited mark, Silk Cakes, Inc., later re-applied for registration of its SILK

CAKES mark (App. No. 85/013,768, filed on April 14, 2010). In apparent effort to traverse the descriptiveness issue encountered in its prior application, the SILK CAKES mark was presented in a 'lylized fonnal, and with an accompanying de,ign imageo IISilk Cake>, Inc. late,·

-9- disclaimed exclusive right to the term CAKES apart of the mark as shown, and made its Principal

Judy Lai's consent of record; the application ultimately matured to registration number 4,042,871

(the cited registration).

This prosecution history reveals that the literal portion of the cited registration, SILK CAKES, carries a highly descriptive connotation and is, at best, suggestive of the registrant's goods.

Although Applicant is not asserting a collateral attack on the cited registration (see TMEP §

1207.0 l(d)(iv)), it is nevertheless Applicant's position that this evidence should be considered in evaluating the conceptual strength of the cited mark.

IV. Applicant's ownership of a prior 1·egistration for the substantially similar mark IPEK FOODS should fm·the1· preclude a finding of likelihood of confusion

Applicant further contends that Examining Attorney should have considered Applicant's ownership of a prior registration for a substantially similar mark for goods closely related to the goods in this application.

In In Re Strategic Partners, Inc. , 102 USPQ2d 1397 (TTAB 2012), the Board reversed a 2(d) refusal when: (1) applicant's applied-for mark is substantially similar to its preexisting registered mark; (2) the goods were identical in part; and (3) the prior registration had co-existed for at least five years with the cited registration. See TMEP 1207.01 .

In subsequent cases, the Board emphasized that a critical factor of its analysis in Strategic

Partners was the coexistence of the respective registrations for five years or greater. See e.g. In Re

US Warriors Ice Hockey Program, Inc. , 122 USPQ2d 1790 (TTAB. 2017) (declining to extend

Strategic Partners when coexistence was for less than 5 years). In US Warriors, the Board noted that the "five-year milestone can-ies added weight because of its legal significance under the

-10- Lanham Act: it means that Applicant's registration ... is still subject to a cancellation action by

Registrant based on likelihood of confusion." Id.

In this case, Applicant's prior registration for the mark IPEK FOODS has been registered since

September 22, 2009; it has coexisted with the cited registration for the mark SILK CAKES (plus design) since its registration date, October 18, 2011. During this period of coexistence -ove1· 7 yea1·s in durntion- there has been no apparent conflict between the respective marks.

Applicant's prior registration for the mark IPEK FOODS is substantially identical to its instant application for the mark IPEK; the IPEK element in Applicant's prior registered mark has a listed translation of "silk", which is the same as the dominant element in the cited mark.

Furthermore, the goods in Applicant's pnor registration are closely related, in part, to the identification of goods in this application. Specifically, the goods "Filo; Filo dough" in Applicant's prior registration are closely related to "cakes" of the present application. Filo is used in the making baked goods, such as pastries, a form of cake. See Exhibit E, Wikipedia, "Filo", https://en.wikipedia.org/wiki/Filo (accessed July 8, 2019) ("Filo ... is a very thin unleavened dough for making pastries.").

Applicant therefore submits that the facts in this case mirror those in Strategic Partners, and that the long period of coexistence of Applicant's prior IPEK FOODS mark and the cited mark

SILK CAKES (plus design) should negate any likelihood of confusion between the respective marks.

-11- V. Conclusion

Applicant submits that there should be no likelihood of confusion between its mark IPEK and the cited registration for the mark SILK CAKES (plus design), and respectfully requests that the refusal to register be withdrawn, and that the application be approved for publication.

-12- Exhibit A UB pJ~:~!. a..~• c,1.,,,= • Vot• """ c.• • + :x: :.

,, f > ipek

1) a1Y.rki.m name for a perfectly beautiful girl who would make the english Il!YMD.mi!Y. look rude. 2) a turkish girls name associated withenglish and e nglish 1:iresenting: skills.

1) The hypnotyzed crowd stood up after the presentation and~ //Ul{ to be their princess.

2) /pek asked the banhrpolit ely i ftheywould give her money; she own that bank now.

lJ ipek rt:ipek 11ipek rt:silk #silk ; ipek b&eti 11denier 11name

by ursus thl bear Ot cember 16, 2013 G

Get•1111 mug for your sister Rlhanna.

,, f > Ipek

lpek is aIYrkllb name for an amazing girl who is generally athletic and has a bright and J.hinID& sm ile. She works hard, gets good .!!l!!ki,a ndhasa lot of friends.

Guy 1: Is that lpek? Guy 2: Qh 9!!S!, whot a beautiful9Jr1 .' G uy l: ~,J]g!Jl7

byJSL fjal;dk:sfdj fl?dk da J llne 04, 2018 G

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,, f > Ipek

a girl that my friend lln.i..ib has .i....ill!lh o n he is super shy to talk t o her cuz he is.1..lll!.llY.

cmon danish 90 to ;pH_ ond slop being scared

by h@ycuysitsakid May 02, 2019 G Word g-:::- , Get a am mug for your coworker Glinbr.

TREMOING RN - JULY 08, 2019

1. chingueasumadre 11. Nutsock 21. phannie 2. cup check 12. hammie 22. Dwight Howard 3. Pavloved 13. Chinga tll madre! 23. MOlD 4 . Hot girls summer 14. bulljive 24. angry dragon 5. 69and420 15. water5heep 25. non-platonic frierid 6. BOBFOC 16. Stanned 26. poop noodles 7 . catch the vapors 17. domineo 7 27. arkancide 8. frist 18. wos 28. USWNT 9. Sheenis 19. green flag 29. SundayS<:aries 10. pink clouding 20. Culver's 30. aardvark

1 201 Ur :Nertlse te ~f ;ero, :e Exhibit B 7/3/2019 Chocolate Silk Cake - Baking Grace

, ~ (dU [~

CAKES (/#MENU-SECTION) CJ-t~ ii_ ~ S KS-SECTION) CONTACT (/#CONTACT-SECTION) ORDER UORDERl ( , (. (.. c,, v c,, ()

ALL (/ORDER) CAKES (/ORDER?CATEGORY=CAKES) CUPCAKES (/ORDER?CATEGORY=CUPCAKES) GIFT IDEAS (/ORDER?CATEGORY=GIFT+IDEAS) TARTS AND PIES (/ORDER?CATEGORY=TARTS+AND+PIES)

+--- BACK TO ORDER (!ORDER)

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BAKING GRACE. 718 LAFAYETTE AV ENUE. HAW THORNE. NJ 07506. UNITED

STATES 973-238-0307 INFO @BAKINGGRACE.COM (M A ILTO:[email protected])

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Comments

Barb says February...Z, 2019 at 10:40 am (httgs://bev.ondfrosting.com/2017/12/11/french-silk-choco late-cake/#comment-1144912).

This looks yummy! What brand(s) of chocolate do you use for this?

Subscribe to our Newsletter Sign up for our newsletter and get our latest Beyond Frosting says updates! February...Z, 2019 at 7:49 gm (httgs://bev.ondfrosting.com/2017/12/11/french-si lk-chocolate-cake/ #comment-11' Email Address

I always prefer to use chocolate bars like Ghirardelli Subscribe

Debra Ca ra ballo says XCLOSE November 6, 2018 at 2:36 gm (httgs://bev.ondfrosting.com/2017 / 12/ 11/french-si lk-chocolate-cake/#comment-1144451).

Never mind, my fault! I was looking at the previous picture, not the right one.... l'm sorry1

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Debra Caraballo says November 6, 2018 at 2:33 i:im (htti:is://bev.ondfrosting.com/2017 /12/11/french-silk-chocolate-cake/#comment-1144450).

Hi, the picture of this cake in the link I clicked wasn't a layer cake. It looked like a 9x 13 to me. I'm sure you can bake the cake in t his size pan. but how would you go about adding t he mousse, krispies. etc? Thank you!

Beyond Frosting says November 7, 2018 at 8:02 am (htti:is://bev.ondfrosting.com/2017 / 12/11/french-silk-chocolate-cake/#comment-1144454).

No problem Debra1

Dawn says November 6, 2018 at 10:43 am (htti:is://bev.ondfrosting.com/2017/ 12/11/french-silk-chocolate-cake/#comment-1144449).

What was the recipe for the 6 inch pans?

Beyond Frosting says

November 7, 2018 at 8:04 am (htt~v.ondfrosting.com/201 7 /12/11/french-silk-chocolate-cake/#comment-1144455).

Hi Dawn, if you wouldn't mind to send an email to Julianne at beyondfrosting dot com. someone can reply back to you with the recipe for the 6 inch ca ke.

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Kristina says Subscribe ~gtember 18, 2018 at 3:27 i:im (htti:is://bev.ondfrost ing.com/2017 / 12111/french-silk-chocolate-cake/#comment-114'

Looks yummy1 Do you think it can be prepared beforehand and kept in the fridge overnight?

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~ i:ite mber 21, 2018 at 7:59 am (httRs://bev.ondfrosting.com/2017/12/11/ french-silk-chocolate-cake/#comment-1144278 ).

Hi Kristina, how far ahead are you thinking? You can certainly prepare the cake a day in advance before serving, probably two. I just love fresh

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Carol says December 17, 2017 at 12:40 RllL(bll~yondfrostjng.com/2017 /12/11/french-silk-chocolate-cake/#comment-1143290).

This takes decadence a step farther w ith an extravagant frosting and ganache. I think the addition of krispies will be a welcome surpr ise, too.Just can hardly wait to make this!

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Easy Spice Rubs for Grilling I Fudgy Zucchini Brownies I Homemade Blueberry Cobbler I Shrimp & Veggie Foil Packs I rv:

Peanut Butter Silk Cake

****"'78 Ratings 40Comments•

Prep Total Servings 15 MIN 2 HR 1Q MIN 12

Love sweet and creamy peanut butter? Try it in both a whipped cream filling that's loaded with flavor and a moist cake enrobed in creamy chocolate frosting.

By Betty Crocker Kitchens

Updated July 16, 2008

Make with Betty Crocker Cake Mix https://www.bettycrocker.com/recipes/peanut-butter-silk-ca ke/4 7 ded2a2-1 cf6-404c-a3e6-5121 b55c7 514 1/6 7/3/2019 Peanut Butter Silk Cake Recipe - BettyCrocker.com

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Ingredients

1 box Betty Crocker™ Super Moist™ yellow cake mix 1 1/4 cups water 1/ 2 cup creamy peanut butter 1/3 cup vegetable oil 3 eggs 1/4 cup butter or margarine 1/4 cup packed brown sugar 1 cup whipping cream 1/2 cup creamy peanut butter 1 container (1 lb) Betty Crocker™ Rich & Creamy chocolate frosting 1 cup chopped peanuts, if desired

Steps

1 Heat oven to 350°F (or 325°F for dark or nonstick pans). Generously grease bottoms only of 2 (8- or 9-inch) round cake pans with shortening or cooking spray.

2 In large bowl, beat cake mix, water, 1/2 cup peanut butter, the oil and eggs with electric mixer on low speed 30 seconds. Beat on medium speed 2 minutes, scraping bowl occasionally. Pour into pans.

3 Bake 30 to 35 minutes or until toothpick inserted in center comes out clean. Cool 10 minutes. Run knife around sides of pans to loosen cakes; remove from pans to cooling rack. Cool completely, about 1 hour.

4 In 2-quart saucepan, melt butter over medium heat; stir in brown sugar. Heat to boiling; boil and stir 1 minute. Remove from heat. Refrigerate 10 minutes.

5 In chilled medium bowl, beat whipping cream on high speed until soft peaks form; set aside. In another medium bowl, beat 1/2 cup peanut butter and the brown sugar mixture on medium speed until smooth https://www.bettycrocker.com/recipes/peanut-butter-silk-ca ke/47 ded2a2-1 cf6-404c-a3e6-5121 b55c7 514 2/6 7/3/2019 Peanut Butter Silk Cake Recipe - BettyCrocker.com

111( 10K 2K 1K 11 Print Save Pinterest Email Facebook 6 Split each cake layer horizontally to make 2 layers. Fill each layer with about 2/3 cup peanut butter mixture to within 1/2 inch of edge. Frost side and top of cake with frosting. Press peanuts onto frosting on side of cake. Store covered in refrigerator.

Expert Tips

To cut cake layers in half horizontally, insert 6 toothpicks around the side of each layer, halfway down the side. Using the toothpicks as a guide, slice layer in half with a long knife.

For a fun garnish, top this cake with coarsely cut-up chocolate-covered peanut butter cups. Or dot the top with mini cups that have been cut in half crosswise.

Nutrition Information +

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Home" Cakes" French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake)

FRENCH SILK PIE CAKE (COPYCAT DEEP'N JUMP TO RECIPE DELICIOUS CHOCOLATE CAKE)

BY OLIVIA, 87 COMMENTS

THIS POST MAY CONTAIN AFFILIATE LINKS. PLEASE SEE MY FULL DISCLOSURE POLICY FOR DETAILS.

THIS FRENCH SILK PIE CAKE IS THE DESSERT OF YOUR DREAMS!! INCREDIBLY MOIST CHOCOLATE CAKE LAYERS TOPPED WITH AN UNBELIEVABLY SILKY CHOCOLATE FROSTING.

https://livforcake.com/french-silk-pie-cake/ 1/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

https://livforcake.com/french-silk-pie-cake/ 2149 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake This French Silk Pie Cake is an homage to my very favourite cake from my childhood, and it's still one of my favourite cakes today: the McCain Deer2'n Delicious Chocolate Cake.

This cake is so good. SO. GOOD. We wouldn't get it often when I was little, but when we did, it was the best treat. The cake itself is fine, basically good old chocolate cake. But the frosting ... the frosting!! Where is the heart eyes emoji?? That stuff is like crack. I'd gladly take a bowl full of that frosting with a spoon and be happy.

https://livforcake.com/french-silk-pie-cake/ 3/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

https://livforcake.com/french-silk-pie-cake/ 4/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake I actually haven't had this cake in decades (seriously), but over the holidays I got this inexplicable craving that just had to be satisfied. All the precious cakes lining my freezer were just not going to cut it. Ryan was all like - imagine if your followers knew what you were getting?? Blasphemy! Little did he know I had already blasted my guilty pleasure to everyone on my lnstagram stories. There were some closet Deep'n Delicious fans that came out of the woodwork, let me tell ya - this cake has a cult following. Rightfully so.

https://livforcake.com/french-silk-pie-cake/ 5/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

https://livforcake.com/french-silk-pie-cake/ 6/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake So twenty some odd years later, I am happy to report that it's every bit as good as I'd remembered. Except it used to come with chocolate sprinkles. Where did the chocolate sprinkles go??

I am not kidding when I say I bought at least two (maybe three) of these cakes over the holidays and ate them all. Happily. Maybe it was that I needed a break from baking, or that I was tired of all my cakes, or I just wanted to relive some nostalgia. It was wonderful.

Over the course of discussing our mutual obsession with my friend Amy from Constellation Inspiration, I decided I needed to try and re-create this cake. A quick Google search led down a rabbit hole w hich eventually led me to French Silk Pie. Apparently the filling for this pie is w hat is used as the frosting on the Deep'n Delicious cake.

https://livforcake.com/french-silk-pie-cake/ 7149 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

https://livforcake.com/french-silk-pie-cake/ 8/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake WHAT IS FRENCH SILK PIE? It's basically a mousse, but not made in the traditional way you'd make a mousse. The key difference with French Silk Pie is the way you whip the eggs. Or rather, how long you whip them for.

The recipe starts out with creaming butter and sugar together, then adding in melted chocolate. At this point you start adding cold eggs one at a time and whipping for 5 minutes after each addition. This part is critical. If you add the eggs all at once it will be a big soupy mess. If you don't whip for long enough after each egg, the filling/frosting/mousse will be grainy. Trust me when I say not to rush this process.

https://livforcake.com/french-silk-pie-cake/ 9/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

https://livforcake.com/french-silk-pie-cake/ 10/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake When you're finished whipping, the filling will be thick, fluffy, and silky... but a bit on the runny side. You couldn't use it as a frosting in this state. All you need to do is pop it into the fridge for 20-30mins so that it starts to firm/set up a bit. I chilled mine for a total of 30mins, rewhipping every lOmins. It was still thinner than a normal frosting at this point, but totally worked for piping the dollops. You could chill it a bit longer if you prefer.

It's important to note that I piped the dollops on each layer separately and chilled them again for 30mins before stacking. I wanted to make sure the frosting was firm enough so that it wouldn't ooze out the sides. You could serve this cake stacked or as two individual layers. How you choose to serve it is up to you. Each is equally pretty in my opinion.

https://livforcake.com/french-silk-pie-cake/ 11 /49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

https://livforcake.com/french-silk-pie-cake/ 12/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake This French Silk Pie Cake recipe is simple, but a bit more time intensive (not THAT much more though). Decorating this cake is super easy, so the time spent on making/chilling the frosting balances out. And it's worth it, I promise!! That frosting is pure heaven.

So, did my version of the Deep'n Delicious cake live up to my expectations?? I gotta tell ya, it's pretty darn close. My cake layers are more dense and moist (which I like better), but the frosting is almost identical. Certainly in texture. I used unsweetened Baker's chocolate in the frosting as that's what most French Silk Pie recipes called for, but I think next time I'd try it with a high quality dark chocolate instead (Callebaut is my favourite). I am a chocolate snob when it comes to baking!

Does this mean I'll stop buying the McCain cakes? Unlikely. But if you're as big a fan of that nostalgic cake as I am, you will love this homemade version!

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••"

https://livforcake.com/french-silk-pie-cake/ 14/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake TIPS FOR MAKING THIS FRENCH SILK PIE CAKE: • This recipe uses raw eggs for the frosting. If you're uncomfortable eating raw eggs, you can use pasteurized eggs or try one of my other chocolate frosting. recipes. • Raw eggs should not be consumed by pregnant women, small children, or anyone with hea Ith issues. • Do NOT skimp on the whipping time for the frosting. You really need to whip for 5 minutes after each egg so that the sugar dissolves completely and the frosting is light and fluffy. • I used caster sugar as it's super fine and will dissolve quicker, but good old granulated sugar will work just fine. Just make sure the sugar is completely dissolved. If not, keep whipping until it is. • I used Baker's chocolate in the frosting, but next time I think I would try it with a really good guality: dark chocolate. • To help ensure your cake layers bake up nice and flat, see my Flat Top, Cakes post.

LOOKING FOR MORE CHOCOLATE RECIPES?? • Chocolate Truffle Cake • Mocha Chocolate Cake

https://livforcake.com/french-silk-pie-cake/ 15/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake • Chocolate Dulce de Leche Cake • Dark Chocolate Ganache Tart • Chocolate Cheesecake Stuffed Bundt

FRENCH SILK PIE CAKE

This French Silk Pie Cake is the dessert of your dreams!! Incredibly moist chocolate cake layers topped w ith an unbelievably silky chocolat e frost ing.

Course Dessert Cuisine Cake

Prep Time 2 hours 30 m inutes Cook Time 45 minutes Total Time 3 hours 15 m inutes

Servings 12 Calories 543kcal Author Olivia

4.93 from 13 votes

INGREDIENTS

Chocolate Cake: • 2 cups fill=gu rgose flour • 2 cups granulated sugar • 3 /4 cup Dutch-grocessed cocoa gowder sifted • 2 tsp baking soda • l tsp baking_gowder • l tsp salt • 1/2 cup vegetable oil • l c up buttermilk room temperature • l c up hot w ater • 2 large eggs • 2 t sp vanilla

French Silk Frosting:

• 3 /4 c up unsalted butter softened, but still cool • l c up caster sugar superfine sugar (granulated ok, not powdered) • 11/2 t sp vanilla • 3 oz unsweetened Baker's chocolate melted and cooled completely • 3 large w hole eggs cold

Assembly: • chocolate flakes or sprinkles US Customa[Y. - Metric

INSTRUCTIONS

https://livforcake.com/french-silk-pie-cake/ 16/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake Chocolate Cake: • Preheat oven to 350F, grease two 8" round baking pans and dust w ith cocoa powder. Line bottoms with parchment. • Place all dry ingredients into the bowl of a stand mixer fitted with a paddle attachment. Stir to combine. • In a medium bowl w hisk all wet ingredients (pour hot water in slowly as not to cook the eggs). • Add wet ingredients to dry and mix on medium for 2-3 mins. Batter will be very thin. • Pour evenly into prepared pans. I used a kitchen scale to ensure the batter is evenly distributed. • Bake for 45 mins or until a cake tester comes out mostly clean. • Cool 10 minutes in the pans then turn out onto a wire rack to cool completely.

French Silk Frosting: • Using a stand mixer fitted with a paddle attachment, beat butter and sugar until pale & fluffy (approx. 3 mins). Ideally use a a chilled bowl*. Scrape bowl as needed. • Add cooled melted chocolate and vanilla, whip until combined. Scrape bowl as needed. • Switch to whisk attachment. Add eggs one at a time, whipping for 5 mins after each addition. Scrape bowl before adding each egg.** • Frosting w ill be fairly runny. Place entire bowl with whisk into the fridge to chill for 30mins (take out to whip every lOmins).

Assembly: • Place each layer of cake on a cake board or plate. Using a French star t iQ, pipe dollops on top of each layer then sprinkle w ith chocolate flakes.*** • You can either serve them like this, as two separate cakes, or place both in the f ridge to chill for l hour, then carefully remove one from the cake board stack on top of the other.

RECIPES YOU MAY LIKE

Chocolate Truffle Chocolate Orange Dark Chocolate Chocolate Cake Cake Honeycomb Cake Gingerbread Cake

NOTES https://livforcake.com/french-silk-pie-cake/ 17/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

*A cold bowl will help the frosting whip up better. **Do not skimp on this! It takes a long time, but this is what helps give it the proper texture. ***You will have a bit of frosting left over. You can use this to add more frosting to the cake if desired, or spoon into small bowls and serve as mousse.

French Silk Pie filling recipe from Martha Stew art. NOTE: This recipe uses raw eggs which may be an issue for some. You can use pasteurized if you prefer. Raw eggs should not be consumed by pregnant women, small children, or anyone with health issues.

Calories: 543kcal Carbohydrates: 72g The nutritional information and Protein: 7g Fat: 27g metric conversions are calculated Saturated Fat 18g Cholesterol: llOmg automatically. I cannot guarantee the Sodium: 459mg Potassium: 264mg accuracy of this data. If this important Fiber: 3g Sugar: Slg to you, please verify with your Vitamin A: 10% Calcium: 7.3% favourite nutrition calculator and/or Iron: 18.7% metric conversion tool.

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FEBRUARY 4, 2018

COMMENTS

CURIOUS SAYS MARCH 3 , 2019 AT 11:03 AM

Would it be possib le to make the frosting w ith white chocolate? If so, do you think decorat ing the cake w ith half white and half regular frosting could work, or would the tastes clash?

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OLIVIA SAYS MARCH 4, 2019 AT 8:57 AM

Hi there! I don't see why not, I think flavour-wise they would go f ine!

OLIVIA SAYS MARCH 4, 2019 AT 8 :58 AM

Although now that I say t hat, it's possib le the frosting would be softer using white chocolate.

iiji§Si

KIMBERLY SAYS FEBRUARY 24, 2019 AT 5:57 PM https://livforcake.com/french-silk-pie-cake/ 19/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake Hi from Newfoundland Just wondering if a rectanglu lar pan used for a sheet cake can be used instead of t he round cake pans. Thanks

HQ HfI

OLIVIA SAYS FEBRUARY 25, 2019 AT 3:36 PM

Hi Kimberley! Converting pan sizes is always tricky. Here's a site I use as a guideline: http://www.joyofba ki ng.com/PanSizes.htm I

MOIRA HEALY SAYS JANUARY 26, 2019 AT 7:24 PM

This cake was amazing. Probably the best chocolate cake I've ever had. This was my f irst cake from this site and I'll definitely be back to try more. Icing was a bit t ime consuming but oh so tasty!

i;l'j§!i

OLIVIA SAYS JANUARY 28, 2019 AT 4:39 PM

Hi Moira! So happy to hear that you liked it, I can't wait to hear what you try next! LOVE that icing, it's a fave.

https://livforcake.com/french-silk-pie-cake/ 20/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

AMY CARVER SAYS JANUARY 9, 2019 AT 8:55 AM

Super excited to try this for my Father's birthday in a few weeks! McCain chocolate cakes are his absolute favorite & are all he ever wants! You find the icing to be the same (or just about)? That's what he likes the best. Would you say it would be ok to make the day before (both cake & icing) amd keep in the fridge? Thanks! ''"''

OLIVIA SAYS JANUARY 9, 2019 AT 12:39 PM

Hi Amy! I found the frosting to be very close. It's not identical since it's homemade and all, but it was SO good. Be sure to take the time to make it though, and really whip those eggs in. Totally fine to make it the day before! If you're decorating it the same way I did, be sure to chill each layer separately and then stack once the frosting has firmed up a bit.

AMY SAYS JANUARY 10, 2019 AT 8:55 AM

1;iiit1

AMY SAYS JANUARY 25, 2019 AT 11:52 AM

https://livforcake.com/french-silk-pie-cake/ 21/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake Opps! i bought semi sweet bakers chocolate instead of unsweetened. Thoug hts? I want to get it as close to the deep & delicious as possible - so if I have to go b uy u nsweet ened that's ok. Just wondered your thoughts!

OLIVIA SAYS JANUARY 28, 2019 AT 4:34 PM

Semi-sweet should be f ine, it's what I would use next t ime!

MARUQUEL RIVERA SAYS NOVEMBER 25, 2018 AT 8:23 AM

can the eggs be left out not keen o n raw eggs.

ID'iti

OLIVIA SAYS NOVEMBER 28, 2018 AT 2:26 PM

Hi Maruquel! No, t he eggs are crit ical to this k ind of frosting. If you prefer an egg-free one you can try this recipe here: https://I ivforca ke.com/bi rthday-ca ke-reci pe/

RICKAY SAYS NOVEMBER 5, 2018 AT 10:47 AM https://livforcake.com/french-silk-pie-cake/ 22/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

This is the best recipe for both cake and frosting I've ever made. My husband didn't believe I made it from scratch. One word of caution: if you make this cake it is addictive. ''"''

OLIVIA SAYS NOVEMBER 5, 2018 AT 11:07 AM

Ha ha, I hear you! So happy to hear you both liked it. That frosting is still one of my faves!

MADDY SAYS OCTOBER 23, 2018 AT 7:38 PM

Hi Olivia, I was so excited to try this recipe and did actually try it but forgot the oil in the cake batter. @ Now my cakes are in the oven and I have no clue what they will be like atlfter coming out. This recipe deserves rerun though! Thank you for the recipe

i;l'j§!i

OLIVIA SAYS OCTOBER 24, 2018 AT 9:26 AM

Hi Maddy! Ugh, that is the worst. How did they turn out??

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ALEX SAYS SEPTEMBER 13, 2018 AT 1:05 PM

Hello there! This recipe looks great and I will definitely try it some time. But what I am looking for right now is vanilla me cain cake icing. My daughters b day is coming and the vanilla ones are her favorite. The icing is really different than other vanilla icings. Do you have any ideas for me? I would really appreciate some help. ''"''

OLIVIA SAYS SEPTEMBER 14, 2018 AT 2:39 PM

Hi Alex! I've actually never had the vanilla one so I can't speculate as to what it's like. I suppose you could try leaving the chocolate out of this one, but not sure if that's the best strategy.

AIKE SAYS SEPTEMBER 3, 2018 AT 3:33 PM

Cant wait to try out your recipe tomorrow for a friend who has not eaten mccain chocolate cake in years now, because we live in the Netherlands in Europe and it is not available here. I have never had mccain chocolate cake, so I have no idea what it should taste like.. I want to surprise her with it and hope it will take her back in time to when she still lived in Aruba and used to buy this cake often because she loves it so much. I was wondering if you have made this recipe before with homemade buttermilk, and if so, did you use fresh lemon juice or from a squeeze bottle? I can go out and buy fresh buttermilk tomorrow, but im afraid our buttermilk looks a bit thin compared to the thick buttermilk I see in American videos.. ours is almost as thin as regular milk.

E;i'iti

https://livforcake.com/french-silk-pie-cake/ 24/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

OLIVIA SAYS SEPTEMBER 4 , 2018 AT 3 :27 PM

Hi Aike! I almost always use homemade buttermilk as I never want to buy a whole carton of it! It will work just fine Q I add l Tbsp lemon juice (squeeze bottle) to l cup milk (I use 1% because that's what's in my fridge, but any works). You can also use vinegar. Let me know how she likes it!!

AIKE SAYS SEPTEMBER 5, 2018 AT 2:42 PM

Hi Olivia,

I just pulled my cakes out of the oven and the layers are only 1,5 inches tall. Is that normal? This always happens when I use the hersheys chocolate cake recipe or one that is kind of similar to it too. I thought that was because I use dutched cocoa powder (I am from the Netherlands and us Dutch people are only able to get Dutch process cocoa here). But in your recipe it was specifically asked for so I thought it would be ok this time. I used store bought buttermilk and Im wondering if perhaps that might not be acidic enough to react with the baking soda? Or perhaps our flour is different.. American flour is made from hard wheat and hours is made from soft wheat, but I made sure to buy one that has the same protein content as american all purpose flour. This is so frustrating because I love the flavour of these types of chocolate cake, but I just wish it would bake taller. When its in the oven it seems to rise to a nice height, but eventually when they are still in the oven, they just deflate and shrink. I am not an unexperienced baker and have followed the recipe to a T. Weighed out all of my ingredients exactly in grams. I have joined your facebook group today, I could sent you a picture of the cake layers and hope you can help. A quick google search shows i am not the only one in Europe struggling with this type of chocolate cake falling or just not rising properly.

https://livforcake.com/french-silk-pie-cake/ 25/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake Wish I could get my hands on some american all purpose flour to see ifthat might work better.

OLIVIA SAYS SEPTEMBER 6 , 2018 AT 10:47 AM

Hi Aike! Did you use 8" pans? If so they should be about 2" tall. Did you check to make sure your baking soda and baking powder are not expired? Sometimes this can be the culprit. I always only use Dutch cocoa as well. Are you at high elevation by chance? That could cause problems for sure. It's possible re: flour. I tried to bake a cake at my sister's in Sydney and it was a total fail - dense and didn't rise much. I assumed it was the flour. Definitely email me a pie or post in the group!

8;iiif*

AIKE SAYS SEPTEMBER 6, 2 018 AT 11:09 AM

Hi Olivia,

Yes everything was very fresh because I bake a lot nothing sits in my pantry for long and I also check the expiration dates before I buy products. I used 8 inch pans. I have tried many variations on this type of chocolate cake and they always end up dense and very flat. According to wikipedia the Netherlands is at 98ft elevation and the USA is at 2493ft elevation. I wish i could get these recipes to work because they look so delicious. I went to a windmill today to buy freshly ground special flour thats supposed to be super soft like cake flour.. im hoping that might work

https://livforcake.com/french-silk-pie-cake/ 26/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

OLIVIA SAYS SEPTEMBER 6, 2018 AT 2:45 PM

Hmm, that is super strange! Please let me know if you figure it out, I'm curious!

CHANTELLE SAYS SEPTEMBER 15, 2018 AT 12:40 PM

Try making your own buttermilk with l cup milk +l tbsp lemon juice. I like to combine them and let it sit to get thick while I get other ingredients ready. Also, I add just a pinch extra baking soda because I like very light fluffy cake, and try lowering your oven. Cake baked at 300 or 325 F {lSOC - 165C or gas mark 2 or 3) will often rise higher than cake baked at higher temperatures, but you will need to adjust cooking time accordingly.

TERESA L COX SAYS SEPTEMBER 22, 2018 AT 3:26 PM

my daughter lives in the UK. the flour definitely has a different texture. I cannot get my cinnamon rolls to rise very well either. I am not sure how to fix the problem but I do feel that the difference in flour texture is the culprit.

OLIVIA SAYS SEPTEMBER 27, 2018 AT 1:43 PM

https://livforcake.com/french-silk-pie-cake/ 27149 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake Ugh, good to know. Have you tried different kinds/brands of flour over there?

ALEXIS SAYS JULY 6 , 2018 AT 3:06 PM

Hi I was wondering if their was a way to make the frosting but without the chocolate in favor of vanilla i wanted to make it for my dad but he didn't want chocolate frosting. (Sorry if you have made a vanilla version and I haven't seen it)

OLIVIA SAYS JULY 10, 2018 AT 9:22 AM

Hi Alexis! This particular frosting is unique and specifically chocolate. If you want a vanilla one you can use the one in this ...recipe:,. https://livforcake.com/vanilla-cake/

MARISOL RODRIGUEZ SAYS JULY 10, 2018 AT 12:21 PM

YOU COULD TELL ME, WHAT DOES THE CAKE MEASURE OF HIGH FOR 12 PEOPLE? https://livforcake.com/french-silk-pie-cake/ 28/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake THANKS

1;ii?M

ALLISON SAYS JUNE 18, 2018 AT 7:00 PM

I made this for a surprise party I was attending at the request of the person throwing the party. I asked what kind of cake the bday girl (70 yrs old bday girl@) and was told nothing chocolate. This cake was a HUGE hit with everyone, especially the bday girl. Many people said it was the best chocolate cake they ever had. I doubled the recipe and made a 12 inch cake. It was perfection.

iijiQfi

ALLISON SAYS JUNE 18, 2018 AT 7:04 PM

Oh typos!! Sorry about that - I was told anything chocolate, not nothing chocolate.

1H?M

OLIVIA SAYS JUNE 22, 2018 AT 4:18 PM

So happy to hear that!! Glad everyone liked it, it's a fave of m ine Q 1;ii?M

CAROL BARNES SAYS MAY 29, 2018 AT 8:15 AM https://livforcake.com/french-silk-pie-cake/ 29/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake I just was reading about you. OMG!!I You grew up in Edmonton, which is where I grew up and lived for 50 years of my life. I now live in Newfoundland. We are almost neighbors! I love to know a bit about you.It is so nice to see the pictures you posted and I feel like we have so much in common. '""' OLIVIA SAYS MAY 29, 2018 AT S:38 PM

Small world!! And wow, that is quite the move after so many years! Ryan and I talk about visiting the East coast often. Need to get out there.

CAROL BARNES SAYS MAY 29, 2018 AT 8:06 AM

You are amazing! Just wanted to let you know, even when I don't look at the author of the recipes I look at, I can usually pick yours out, just by how well written instructions there are and everything else. I am making this cake tomorrow, but will be using 3- 6'pans, and would like to use a white frosting on it for contrast. Could you suggest one that will work well with it' And I am pretty sure I don't have to adjust much of the ingredients? I hope you can let me know your thought on this. '"''' OLIVIA SAYS MAY 29, 2018 AT 5:37 PM

Aww thanks so much Carol! You are the sweetest! The cake should work fine in three 6" pans, though there's a chance it could spill over

https://livforcake.com/french-silk-pie-cake/ 30/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake a bit, so maybe just put a baking sheet under the pans just in case. Don't fill the pans more than 1/2 full as the batter rises a LOT. And I actually think a simple whipped cream would go really well. That way the texture is close to the chocolate frosting. Anything else might be a bit on the heavy side.

CAROL BARNES SAYS MAY 30, 2018 AT S:l 9 AM

Love the idea of something simple, like whipped cream. Sounds perfect.Making this beautiful cake today, can hardly wait. A gray day here, hopefully we do not get more snow, did you hear that we had around 35cm last week? Just got rid of that, and it is raining so much.so now there is a chance certain places here will get more snow. But otherwise it has been a great spring. I hope you come here sometime, it is worth it. Thanks so much! Have a lovely day! 'iii'*

OLIVIA SAY S JUNE 5, 2018 AT 3:39 PM

How did it turn out? I hope you liked it!! I heard about all the crazy snow, insane so late in May!! I will visit one day for sure

ANG IE SAYS M AY 17, 2018 AT 6 :02 AM

https://livforcake.com/french-silk-pie-cake/ 31/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake This looks divine! The baking imp is beckoning and now I'm scheming with that frosting in mind. I wanted to ask if you ever use, in lieu of water, strong, fresh black coffee? I have a recipe that's similar to this from Ina Garten that calls for coffee and it's quite de-lish. What are your thoughts? ''"''

OLIVIA SAYS MAY 17, 2018 AT 3:20 PM

Hi Angie! I have used coffee in this recipe in the past, but I like it better with water myself. I find that it's a bit less bitter, but also I'm SU PER lazy and it's easier to boil water than make coffee. The frosting is to-die-for. I hope you try it!

ARDEN SAYS MAY 11 , 2018 AT 1:27 PM

Hi there!

Is there any particular reason for the difference between vanilla base cake and this chocolate base one? I've notice for your cakes that have a vanilla base, you cream the butter and sugar, incorporate the eggs, then add the flour, whereas with this chocolate base there is extra hot water and you combine all the dry and wet ingredients separately before finally combining them all.

Thanks!@

1d'?t1 https://livforcake.com/french-silk-pie-cake/ 32/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

OLIVIA SAYS MAY 11 , 2018 AT 3:15 PM

Hi Arden! The vanilla and chocolate cakes just use d ifferent formulas and mixing techniques. I keep meaning to try a vanilla cake using the hot water method and replacing the cocoa w ith more flour, but I haven't gotten around to it.

KIMM SAYS MAY 9, 2018 AT 8 :48 AM

I have a question about the chocolate cake. I need to make a 3 layer 8 in cake. Will this recipe work? And if it had basic American Buttercream on it how much would you sell it for? I'm not sure you want to answer that last question b ut thought I would ask! @

OLIVIA SAYS MAY 11, 2018 AT 2:58 PM

Hi Kimm! I would l.Sx the recipe for a 3 layer 8", unless you don't mind thinner layers. I don't sell my cakes, so I can't help you there, but it also really depends on SO many factors. Here are some links to check out for pricing: http://www.bakecalc.com/cake-pricing-calculator/ ...https,. ://youtu .be/q Mj4Z2e-CeE

GUNN ANITA SAYS MAY 1, 2018 AT 3:53 PM https://livforcake.com/french-silk-pie-cake/ 33/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

Hi @The French silk frosting tastes great; but it seems like it has split. It also seems to be a bit grainy even though I beat 5 minutes exactly{!) between each egg. Would perhaps not beating sugar and butter enough cause this? I did use a 70% chocolate infused with coffee. So it had tiny grains of coffee powder in it. I don't know if that would cause any such trouble.

HQ HfI

OLIVIA SAYS MAY 3, 2018 AT 4:52 PM

Hi Gunn! Yes, the excessive whipping is to help ensure the sugar is completely dissolved. The coffee powder could have affected the texture as well. What do you mean that it seems like it has split?

ASM SAYS APRIL 19, 2018 AT 7:45 PM

Hi, Can buttermilk be replaced with any other ingredient?

HQ HfI

OLIVIA SAYS APRIL 20, 2018 AT 2 :16 PM

https://livforcake.com/french-silk-pie-cake/ 34/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake Ideally not as the acid in it is required for the leaveners. If you don't have access to buttermilk you can easily make your own - 1 cup milk+ l Tbsp lemon juice!

F;iifQM

TARI WILLIAMS SAYS MARCH 28, 2018 AT 7:24 PM

Making 2 9 inch cakes instead of 8, what would you suggest to increase the recipe to?

OLIVIA SAYS MARCH 29, 2018 AT 10:11 AM

Hi Tari! Ideally you would increase it by 1/3 but that would give some weird amounts. I would suggest l.Sx the recipe and make cupcakes with any extra batter. The layers rise a lot so be sure to not f ill the pans more than half full. I hope that helps! 1194*

MARIA SAYS MARCH 1, 2018 AT 12:51 PM

Looks great! Can I freeze this cake and for how long? Can I freeze the frosting while in the cake? I p lan on making the cake and putting frosting between layers then when ready taking out of freezer, frost it and then decorate. ''"'' https://livforcake.com/french-silk-pie-cake/ 35/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

OLIVIA SAYS MARCH 2 , 2018 AT 3 :07 PM

Hi Maria! I would freeze the cake layers themselves and then make the frosting the day you plan to serve it for best results. 'd'I*

GEORGIA SAY S FEBRUARY 2 3, 2018 AT 5 :24 AM

Apaixonate, estou aqui agora traduzindo a receita para tentar reproduzi lo. Parabens e obrigada querida por receitas e bolos maravilhosos.

ld'iti

OLIVIA SAYS FEBRUARY 25, 2018 AT 4:00 PM

STEPHANIE SAYS FEBR UARY 17, 2018 AT 2:26 PM

https://livforcake.com/french-silk-pie-cake/ 36/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

Hi Olivia, I made your delicious cake last night. My mousse didn't set up as firmly as yours, no matter how long I let is rest in the fridge. I ended up smoothing out the mousse to make a thick layer on top instead of the pretty stars you have. I was wondering:

-did you refrigerate the mousse covered (would it "drying out" in the fridge work better?) before piping? - how long do you whip when you rewhip every 10 minutes of fridge time (is it 5 minutes each time)? - I had small chunks of chocolate that had solidified from the cooled melted chocolate. Would that have deflated the mousse and made it difficult to form stiffer peaks7

The overall flavor of both the mousse and the chocolate is excellent. I'd really like to be able to pipe nice stars though for my next cake.

iijiiti

OLIVIA SAYS FEBRUARY 18, 2018 AT 4:07 PM

Hi Stephanie! Sorry to hear that your mousse didn't set up - perhaps something was off with the measurements? Mine got pretty stiff once refrigerated for a few hours:\

Before I frosted the cake, I only refrigerated the mousse for a total of 30mins (rewhipping for less than l min, every lOmins). It might take a bit longer depending on how warm your kitchen was, etc. but it should eventually get quite stiff. I did not cover the mousse at any point.

For the chocolate chunks, at what point did that happen? I made sure to scrape the bowl often so I didn't have any stray pieces of chocolate anywhere.

1;111'1

https://livforcake.com/french-silk-pie-cake/ 37/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

AMARANTINA SAYS APRIL 11, 2018 AT 11:51 AM

Hi! The chocolate pieces could have come from the difference in temperature when oh mixed in the cold ingredients into the chocolate mixture. If a lot of the chocolate got cold and formed into pieces there was less chocolate mixed into the mousse and that could explain why it didn't properly set. 1;194•

STEPHANIE SAYS FEBRUARY 16, 2018 AT 6:31 PM

Hi There! I'm in the process of whipping the filling/frosting after every 10 minutes of refrigeration. How long should I whip it for each time. 5 minutes again? I've been doing 3 and then putting it back in the fridge. My cakes are still warm so I think the mousse should have plenty oftime to chill and set up before piping. I was planning on doing the every-ten minute-whip for the first half hour and then letting it just sit until the cakes are completely cool. Before piping I thought I could give it one final whip. Does that sound about right? Thanks!

HQHfi

OLIVIA SAYS FEBRUARY 18, 2018 AT 4:00 PM

Hi Stephanie! I just whipped it very briefly to incorporate between the chilling times (less than lmin). Sounds like you have a good plan there! Let me know how it turns out ©

https://livforcake.com/french-silk-pie-cake/ 38/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

AMIT SAYS FEBRUARY 15, 2018 AT 2:58 AM

Found you via Pinterest and I must say I'm already in love w ith your baking without even trying a single recipe. I'm sure all recipes must be "no fail" by the way you write about it. I'm going to try this Cake for sure. Just want to know wether I can 'simply do half of each ingredient' to make only one pan of cake? Will you suggest this method or any other? Thank you and keep baking© You can see my baking on lnstagram: amit_chippa

Cheers©

OLIVIA SAYS FEBRUARY 16, 2018 AT 11:34 AM

Thanks so much Amit! That's such a sweet comment. You can totally halve the recipe to make one layer, but it m ight be tricky for the frosting since it uses 3 eggs. Do you have a scale? If so, I would just lightly whisk one of the eggs and weigh out 25g to get half. I hope you like it! 1494*

AMIT SAYS FEBRUARY 16, 2018 AT 7:54 PM

https://livforcake.com/french-silk-pie-cake/ 39/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

Thank you very much. I w ill do as you said and post my results.

Cheers Q

FAUZIYYA AHMAD SAID SAYS FEBRUARY 10, 2018 AT 9:55 AM

Is this a butter cake or chiffon cake? *thanx liv ''"''

OLIVIA SAYS FEBRUARY 10, 2018 AT 4:35 PM

Hi there! It's neither actually. It's too dense to be a chiffon and contains oil instead of butter. It's more of a rich, brownie-like, mud cake.

AMARANTINA SAYS APRIL 11, 2018 AT 11 :52 AM

Hi Olivia! Just wandering, what is the difference between this cake recipe and the one in you chocolate chip cookie dough cake recipe? Thank you in advance! +;iii+

https://livforcake.com/french-silk-pie-cake/ 40/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

OLIVIA SAYS APRIL 16, 2018 AT 2 :12 PM

Hi Amarantina! Not much, just some of the proportions are ....different ,. so it would work better in the 8" pans.

BARBARA SAY S FEBRUARY 9, 2018 AT 8:01 AM

Why does the total time say l day, 8 hours, 35 minutes?

1;ii@t•

OLIVIA SAYS FEBRUARY 9 , 2018 AT 10:08 AM

Hi Barbara! It was an error in the time calculation.

•;iii*

ANNE SAYS FEBRUARY 9 , 2018 AT 7:41 AM

Beautiful cake!!! Does cake need to stay refrigerated? If this cake sets out to room temperature will the frosting lose it's shape and become runny? I usually let my cakes get to room temp before serving(! thinks ....they're,. moister this way). Thanks. https://livforcake.com/french-silk-pie-cake/ 41/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

OLIVIA SAYS FEBRUARY 9, 2018 AT 10:08 AM

Hi Anne! You should refrigerate it to set the frosting, but after that it should be ok out for a couple hours. I would not leave it out for extended periods of time though.

1;ii?M

NICHOLE SAYS FEBRUARY 8, 2018 AT 12:29 AM

Is the cake recipe part the same as in your Black Forest cake? I'm planning to make a Black Forest cake next week for my birthday, and while I have a chocolate cake recipe that I usually use, I'm on the lookout for a better one. Is this your go-to chocolate cake?

OLIVIA SAYS FEBRUARY 9, 2018 AT 9:59 AM

E;HQM

WIDYA{JAKARTA} SAYS FEBRUARY 7, 2018 AT 6:46 PM

I really.. really LOVE your blog ! https://livforcake.com/french-silk-pie-cake/ 42/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake ''"''

OLIVIA SAYS FEBRUARY 9, 2018 AT 9:S8 AM

Thanks so much W idya!

1;ii?M

JENNA SAYS FEBRUARY 7, 2018 AT 1:42 PM

Is it best to keep t he cake cold u ntil you are ready to serve? W il l t he frosting turn runny if it sits at room temperat ure? '""' OLIVIA SAYS FEBRUARY 9, 2018 AT 9:S7 AM

Hi Jenna! I would definitely refrigerate it to "set" the frosting, b ut after that it 's totally f ine out for a few hours. It w ill not turn runny or at least it didn't for m e!

E;HQM

TILLY SAYS FEBRUARY 6, 2018 AT 1:31 AM

I'm amazed at the frosting still hold ing its shape in the m iddle! It's a sad day when you realise a cake is actually more attractive than you.

https://livforcake.com/french-silk-pie-cake/ 43/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

OLIVIA SAYS FEBRUARY 9 , 2018 AT 9:50 AM

Loi! Thanks Tilly Q The frosting actually sets u p q uite well! It help .....up through t he entire shoot Q

SAMANTHA DAWN SAYS FEBRUARY 5 , 2018 AT 3:17 PM

Mouthwatering!! I can't wait t o try t his cake! I've always loved the ....grocery,. store version ... especially slig ht ly frozen. SO good!

OLIVIA SAYS FEBRUARY 5, 2018 AT 3:49 PM

Me too!! It's seriously SO good. I think my version does it j ustice! xo

KHADIJA SALMAN SAYS FEBRUARY 5, 2018 AT 12:11 PM

one more question? for the frosting you have written 3 eggs .,can it be white eggs only o r it should be whole egg?

https://livforcake.com/french-silk-pie-cake/ 44/49 7/3/2019 French Silk Pie Cake (Copycat Deep'n Delicious Chocolate Cake) I Liv for Cake

OLIVIA SAYS FEBRUARY S, 2018 AT 3:48 PM

It needs to be whole eggs.

KHADIJA SALMAN SAYS FEBRUARY 5 , 2018 AT 11:57 AM

look amazing definatly giving it a t ry... what size of pans did you use for the cake?

thanks 'lilt*

OLIVIA SAYS FEBRUARY 5, 2018 AT 3:48 PM

Thank you! I used two 8" pans.

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