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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]

#111

Post by wayoutthere »

_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.

“The Makers of Grana Padano do NOT Want You to See This!!!”

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

#112

Post by freeflight »

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.

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?

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

#113

Post by twoodfin »

freeflight wrote: post #112
Scaevolus wrote: post #85

Earlier quoted context omitted.

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

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.

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

#114

Post by [deleted] »

vertis wrote: post #59

I had no idea that Grana Padano was a PDO. I can't help but feel that going around cease and desisting people that are passionately pursuing hobbies is a really bad idea. It reminds me of when the word Champagne was taken to court. The court ruled that the word could only be used by wine makers in the given region. What this resulted in was not I believe good for the Champagne region, despite the intent. The mind sha…

[deleted]

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

#115

Post by pjmorris »

s_dev wrote: post #107
_jal wrote: post #87

Earlier quoted context omitted.

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

"I can't believe it's not butter"!

"I can't believe it's not Grana Padano!"

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

#116

Post by SideburnsOfDoom »

SeanLuke wrote: post #108
SideburnsOfDoom wrote: post #91

Earlier quoted context omitted.

> In California they also sell "Californian Champagne", some legal quirk allows it. It basically depends on the trade deal. Anywhere in the EU, "Champagne" has a very definite geographic meaning involving a region in France. Likewise "Feta" cheese, "Port" wine etc etc. But elsewhere it depends on the nature of the deal with the EU. E.g. Western Cape, South Africa makes good sparkling wine, but the EU flexed muscles i…

In the US, most feta is incredibly made with cow's milk. So no, the US doesn't have strong protection there.

Or to put it differently, The US cheese industry has strong protection from the EU cheese industry's naming rules.

For Feta:

> According to the relevant EU legislation, only those cheeses produced in a traditional way in particular areas of Greece (Peloponnese, Central Greece, Epirus, Thessaly, Macedonia, Thrace, and the islands of Lesbos and Cephalonia), which are made from sheep's milk, or from a mixture of sheep's and up to 30% of goat's milk from the same area, can be called feta

https://en.wikipedia.org/wiki/Feta

I would assume though that US or ZA feta is _never_ exported and sold anywhere in the EU under that name. That would be against the laws in place where it is sold.

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

#117

Post by Angostura »

vertis wrote: post #59

I had no idea that Grana Padano was a PDO. I can't help but feel that going around cease and desisting people that are passionately pursuing hobbies is a really bad idea. It reminds me of when the word Champagne was taken to court. The court ruled that the word could only be used by wine makers in the given region. What this resulted in was not I believe good for the Champagne region, despite the intent. The mind sha…

You have to defend it, or you lose it. Like trademarks.

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

#118

Post by vesinisa »

pteraspidomorph wrote: post #92
vesinisa wrote: post #19

Earlier quoted context omitted.

I believe the law in this case is good. It's just how they are interpreting it. If some hobbyist makes a video "how to make Grana Padano style cheese", they send a cease and desist. Had they made a video "how Grana Padano cheese is made" and mentioned in the video that they are showing their version of the process but had specifically and clearly mentioned the resulting cheese is not and can not be actually called Gr…

They do specifically mention that in the original video, though...

Semantics might be important here. Saying you are manufacturing "Grana Padano style" cheese might be the problem since it could be seen as diluting the original designation (essentially, a special trademark). There is either Grana Padano or non-Grana Padano cheese, nothing in between. Describing the process of making Grana Padano should be no problem at all, as long as you don't claim the resulting product is Grana Padano or anything like it. It wasn't manufactured by an authorized person in the authorized region so it can't be Grana Padano. I know it is a bit silly..

And I agree he was indeed probably enough careful in the original video. This could certainly be winnable for the tuber in court with services of a good IP lawyer.

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

#119

Post by realusername »

Reelin wrote: post #35
krageon wrote: post #33

Earlier quoted context omitted.

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.

> It is about protecting the consumer Nonsense. Protected origin status is protectionism plain and simple. That's not to say whether it's bad or good, just to call it what it is. Proliferation of confusing low quality lookalikes is prevented by having an enforced criteria and associated labeling requirements. (If the text is too small as in your example then either the labeling requirements aren't sufficient or they…

> Nonsense. Protected origin status is protectionism plain and simple. That's not to say whether it's bad or good, just to call it what it is.

Such as brands, there's no real difference in intent between a protected origin and a company brand. And I never heard people complaining why they can't distribute their own Coca Cola either, even if it's up to the standards.

In fact the similarities are even stronger when you realise that some protected origins are very small in size and that you have bigger Coke factories than some protected origins.

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