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

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

#121

Post by TwoBit »

_jal wrote: post #87
avhon1 wrote: post #68

Earlier quoted context omitted.

> trying to discourage the usage of "something style" naming The law prohibits exactly this. From the Wikipedia article [1]: [Under Protected Geographical Status laws] it is also prohibited to combine the indication with words such as "style", "type", "imitation", or "method" in connection with the protected indications [1] https://en.wikipedia.org/wiki/Geographical_indications_and_t...

I expect to see a video on "How to make edible dairy product that is absolutely nothing like Grana Padano" by the weekend.

In his followip video he says he will find subtle ways to refer to what he is cloning.

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

#122

Post by blunte »

raverbashing wrote: post #83
avhon1 wrote: post #68

Earlier quoted context omitted.

> trying to discourage the usage of "something style" naming The law prohibits exactly this. From the Wikipedia article [1]: [Under Protected Geographical Status laws] it is also prohibited to combine the indication with words such as "style", "type", "imitation", or "method" in connection with the protected indications [1] https://en.wikipedia.org/wiki/Geographical_indications_and_t...

Interestingly, the article mentions that the protection in Australia applies to wines but not Cheese

Can't imagine why Australian wine needs protection... Who would try to copy it?

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

#123

Post by bzb6 »

woofie11 wrote: post #82
bzb6 wrote: post #71

Earlier quoted context omitted.

The licence being the fundamental part to protect the livelihoods of those who live in the region producing these valued products. But I guess we should outsource the production of this cheese to China instead, right?

... more like European old wealth. There are land-owning European families whose wealth and power date back half a millennium. Most of these valued, recognizable products are mostly produced on land and capital owned by those families.

And? This sounds like the usual socialist argument of “tear it all down”—they’d rather all the money went to China than to wealthy locals which, let’s not forget, employ thousands.

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

#124

Post by TwoBit »

Scaevolus wrote: post #85
apexalpha wrote: post #78

Earlier quoted context omitted.

The problem is that there are always others who will piggyback of your product to boost their own sales, while not maintaining the quality standards that led to the name recognition in the first place. In California they also sell "Californian Champagne", some legal quirk allows it. There is no problem with their wine, it's fine wine (the one time I had it). It's just NOT Champagne. That doesn't make it bad wine, but…

PDO laws don't have standing in the United States, so you can buy domestic Parmesan and Champagne wjthout difficulty.

That's not true. Champagne became protected in USA in 2006, though existing makers were grandfathered.

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

#125

Post by AlgorithmicTime »

bzb6 wrote: post #71
blackbear_ wrote: post #44

Earlier quoted context omitted.

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

The licence being the fundamental part to protect the livelihoods of those who live in the region producing these valued products. But I guess we should outsource the production of this cheese to China instead, right?

Not to China, but why not to Guillermo who also lives in the Po Valley region? Why should he not be allowed to also make it?

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

#126

Post by sterwill »

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…

Putting the name of the cheese (style) he's making in the thumbnails is his usual format. I've watched a dozen or more of his cheese-making videos. I don't think his Grana Padano thumbnail differs in any significant way.

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

#127

Post by AlgorithmicTime »

veselin wrote: post #22
rstarast wrote: post #14

The C&D seems baseless, considering the video goes out of its way to remark that it's not making "the real thing". I could still see this working out well in terms of publicity for the Grana Padano brand -- seems unlikely there's any real risk of a Streisand effect here where everyone makes their own Grana Padano at home following the video's viral spread.

This request is not baseless at all. If you have in the supermarket a noname cheese that is branded "Grana Padano style", it would hurt the trademark.

He's not selling cheese and claiming that it's "Grana Padano." He's saying, "hey, follow my instructions and you can make a cheese that is very much like Grana Padano." That's perfectly legal.

In fact, it would also be legal to sell "Grana Padano Style" cheese in the supermarket.

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

#128

Post by freeflight »

twoodfin wrote: post #113
freeflight wrote: post #112

Earlier quoted context omitted.

How comparable is that to ignoring other countries trademarks/patents? Couldn't the same argument be used to justify Chinese patent/IP theft, as American patent law does not apply in China? What are the legal difference here why one of these is defensible because of "not their jurisdiction", and the other is something whole economies get sanctioned over even tho patent jurisdiction also doesn't apply?

There are international conventions & treaties, to which the US is a signatory, that codify international trademark and IP law.

But the US being signatory to something does not mean that everybody else is a signatory too.

The closest to that I could actually find is the World Intellectual Property Organization for trademarks.

But afaik copyrights and patents entirely depend on separate registrations in the individual countries, the only thing the WIPO helps with patents is simplifying the patent application process by filing it in multiple countries for the applicant, but those filings can still be denied by the individual countries. [0]

In that context I just find it a bit curious how American "trademark" theft of EU PDO is handwaved away with "no jurisdiction", yet the American government still insists that its patents, trademarks and IP be respected everywhere around the world, even in places where it too has no jurisdiction.

[0] https://www.legalzoom.com/articles/does-your-us-patent-trade...

edit: Apparently the WTO TRIPS Agreement actually covers geographical indications, and the US is a member to that [1].

[1] https://en.wikipedia.org/wiki/TRIPS_Agreement

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

#130

Post by navaati »

vertis wrote: post #70
howlgarnish wrote: post #66

Earlier quoted context omitted.

Champagne continues to maintain a pretty solid price premium though? The case of Moet-Chandon is instructive: the French variety usually retails for a solid $20/bottle more than Chandon's Australian or Californian wines, even though they're all made by the same house and the same methode champenoise .

But that's exactly my point. I hear people talking about bottles of 'Moet', not champagne. I've been given or bought several Moet-Chandon bottles over the years, and I would not be able to tell you with certainty whether they were filled with wine from the Champagne region. Anecdotal for sure. I would also argue that you could use any reasonably French sounding place name, 'Trois-Rivières' and people would make assum…

"Trois-Rivières" does sound French, but it also totally sounds "rum", not wine ;)
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