GAINESVILLE, Texas (KXII) -- A Gainesville man took to social media after he says he was denied service at two grocery stores for requesting a President Donald Trump birthday cake.

This is the cake that Mathew Burt from Gainesville says two different grocery stores refused to make on Friday.

On Tuesday we spoke with representatives from Walmart and Tom Thumb who say its not because of who is on the cake.

It's that printing it could put them at risk for a lawsuit.

This photo has been shared nearly 400 times on Facebook.

Matthew Burt posted it because he says his 74-year-old father's birthday surprise was almost ruined after both Tom Thumb and Walmart refused to make him a cake with a photo of President Donald Trump.

Burt says his first stop was Tom Thumb.

"I was wondering if I brought in a picture of Donald Trump, could you do a picture cake of Donald Trump and she said well let me ask my manager if we're able to do something like that."

He says that's when the manager then came out and told him it wasn't possible.

"I looked a little in shock and I said, 'OK well what's the reason you can't make the cake?' And she said, 'We have to get approval from him,' and I said, 'From who?' And she said, 'The Trump administration.' And she had a smirk on her face."

But it didn't all stop there.

Burt says the same thing happened at Walmart and although the manager didn't give him a reason why, the employee did.

"She said my guess it could be a copyright issue."

We reached out to both Walmart and Tom Thumb.

Representatives from both companies emailed back saying the issue was copyright infringement.

Burt believes otherwise.

"I'm sure that if I had gone in there with a picture of Obama or Hilary Clinton, then I probably would have had that cake made that day."

He says he called around and finally, Candy Haven in Denton said they'd make the cake featuring President Trump.

And he says his father's expression was priceless.

"He was smiling from ear to ear. It was very emotional for him."

Walmart officials say no matter what picture, employees are supposed to verify that the customer has permission to use the photo.