Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

m.youtube.com

Post reply on HN
Print view View original

41–50 of 203 posts

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#41

Post by avhon1 »

krageon wrote: post #33
makomk wrote: post #31

Earlier quoted context omitted.

As I understand it, EU Protected Designation of Origin rules are really broad and ban you from even describing a cheese as being in the style of Grana Padano or Parmesan, at least when selling it commercially. They're not just about protecting the consumer but a kind of protectionism. So ever since the protection was extended to the word Parmesan (for a while only Parmigiano-Reggiano was protected) supermarkets here…

It is about protecting the consumer, because it prevents a million "grana padano alike cheese product " type products, like you'd get in markets where these rules don't exist.

If it were merely about preventing deception, your example would be illegal just because of the deliberate de-emphasis on the word "alike". A cheese-buyer with poor eyesight could reasonably look at the packaging and think it was something it wasn't. A different ( more consistent?) typographical design on the same product could be reasonably expected to communicate that it is an imitation product, and what it is an imitation of.

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#42

Post by oliwarner »

globular-toast wrote: post #30
zozbot234 wrote: post #27

I'm not sure why this is controversial. Trademark owners must defend their trademarks to show that they're in active use, otherwise the trademark might be lost. You're not prevented from making a cheese that's in a similar style, you just can't refer to it in a way that's confusingly simillar to a trademarked name.

It's not a trademark, it's a Protected Designation of Origin (PDO). Similar but not the same and I'm not aware of an area being required to exercise their PDO to keep it.

It's both. They say they have relevant trademarks registered in Australia (where this guy is).

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#43

Post by MakersF »

I think it's important to notice that the point is not to keep how to make the cheese secret. The recipe for the cheese is actually encoded in the law, and you can download it freely ( https://www.parmigianoreggiano.com/it/consorzio-disciplinare..., in italian). During lockdown I was trying to make a regional cheese, and the law was the best recipe I could find, with extremely detailed steps.

I think they are trying to discourage the usage of "something style" naming, as consumers associate the "something" with the knock off. I saw it a lot in recent years in the UK, even knowledgeable people end up buying "parmesan style" cheese and refer to it as parmesan, when the taste is not the same.

To protect the name in general, they might be going after every instance of the "style" usage, even if in this case it's clear there is no intention to trick, and probably no commercial incentive.

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#44

Post by blackbear_ »

bzb6 wrote: post #40
ajb wrote: post #26

It says his video shows his to make counterfeit Grana Padano cheese. But if I understand correctly, if someone from the correct region followed body instructions, the cheese they made would actually be a perfectly legitimate Grana Padano....

You can only call it that if you make it there and have a licence.

The license being the fundamendal part for authentic taste. /s

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#45

Post by bigyikes »

bzb6 wrote: post #40
ajb wrote: post #26

It says his video shows his to make counterfeit Grana Padano cheese. But if I understand correctly, if someone from the correct region followed body instructions, the cheese they made would actually be a perfectly legitimate Grana Padano....

You can only call it that if you make it there and have a licence.

This sounded really silly to me at first, but I guess it’s not much different than a company holding a trademark?

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#46

Post by dzhiurgis »

zozbot234 wrote: post #27

I'm not sure why this is controversial. Trademark owners must defend their trademarks to show that they're in active use, otherwise the trademark might be lost. You're not prevented from making a cheese that's in a similar style, you just can't refer to it in a way that's confusingly simillar to a trademarked name.

Trademark is to prevent others to use your trademark, not produce product itself, whatever recipe it is..?

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#47

Post by giorgioz »

Also the youtuber set the video preview screenshot to showing only an image with written "Grana padano" https://www.youtube.com/c/GavinWebber/search?query=grana%20p...

It seems to me the youtuber is clearly exploiting the name Grana Padano to gain views. As much as Trademarks can't be used freeily by other users so you can't use products of Denominazione di Origine Controllata (Controlled Origin Denomination).

Imagine the shitstorm if someone would make a video called "How to make Coca Cola style soda".

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#49

Post by vertis »

giorgioz wrote: post #47

Also the youtuber set the video preview screenshot to showing only an image with written "Grana padano" https://www.youtube.com/c/GavinWebber/search?query=grana%20p... It seems to me the youtuber is clearly exploiting the name Grana Padano to gain views. As much as Trademarks can't be used freeily by other users so you can't use products of Denominazione di Origine Controllata (Controlled Origin Denomination). Imagin…

IANAL but doesn't adding 'style' shove it firmly into fair use?

Re: Cease and desist for video on how to make “Grana Padano Style Cheese” [video]

#50

Post by visarga »

elmo2you wrote: post #37
globular-toast wrote: post #30

Earlier quoted context omitted.

It's not a trademark, it's a Protected Designation of Origin (PDO). Similar but not the same and I'm not aware of an area being required to exercise their PDO to keep it.

Also, it was always my understanding that a PDO only/just forbids selling a good under a protected name/title, from another origin. I never expected that to include/extend to the production process, let alone for personal use. I thought these regulations were all about commercial trade, to protect local producers against (supposedly unfair) outside competition. I don't really see how demonstrating a production proces…

> Also, it was always my understanding that a PDO only/just forbids selling a good under a protected name/title, from another origin.

This guy wasn't selling, he was just making a video. It seems PDO allows censure of media as well.

Post reply on HN