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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

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%20padano 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".

vertis 6y ago
IANAL but doesn't adding 'style' shove it firmly into fair use?
- giorgioz 6y ago
  Well to start he didn't write "style" on the video screenshot preview, he just wrote Grana Padano. Also he could have made a video generically called "How to make parmesan style cheese" but he decided instead to use the very specific protected product Grana Padano. To me it doesn't seem fair use and there is a monetary incentive for the youtuber to use the term Grana Padano to have more views and/or get paid more by Youtube for views.
  - dec0dedab0de 6y ago
    To me it doesn't seem fair use and there is a monetary incentive for the youtuber to use the term Grana Padano to have more views and/or get paid more by Youtube for views. But the whole point of a trademark is to reference the thing that is trademarked. As long as it is clear that he's not affiliated with them then I think it is fair. If he said unofficial guide to make Grana Padano. Or my recipe that's better than Grana Padano then it would be fine.
    - M2Ys4U 6y ago
      >But the whole point of a trademark is to reference the thing that is trademarked. But "Grana Padano" is not a trademark. It's a protected designation of origin.
  - weare138 6y ago
    I'm not a lawyer here either but this situation appears pretty common overall. Do a google search for 'KFC recipe' and there's no shortage of sites showing you how to make KFC style fried chicken, many using an alleged leaked list of ingredients. It just seems if it was illegal they wouldn't be able to do that but again IANAL and this is based on observational conjecture. Maybe it being a foreign company under different laws has something to do with it.
    - CaptainZapp 6y ago
      Why anyone would ever go through the effort of wanting to make KFC style chicken at home really eludes me. To each his own, I suppose.
      - dole 6y ago
        I tried last year. The Colonel’s big secret is white pepper, IMHO.
    - nerdponx 6y ago
      I thin their argument is the difference between "KFC Style" and actually using the KFC logo without other context. I'm not sure I agree in this case, but that is what I understood.
  - vertis 6y ago
    Agreed if he didn't use style. On the flip side though, there is difference between the different Parmesan cheeses, so potentially he was trying to be accurate. It really depends on whether people are going to YouTube and searching 'How to make Grana Padano' or just happening across the video and clicking in, and at that point how much difference the work Grana Padano has to Parmesan in terms of whether people would watch it. I don't know the answer to that. I'm in favour of protecting origin terms, but it really should apply to the sale of items rather than home hobbies. Sure this guy is potentially making money adjacent to that by explaining HOW to do the hobby, but he's not making and selling Grana Padano (I haven't watched his channel before, so correct me if wrong).
- deleted 6y ago
  [deleted]
- slumdev 6y ago
  No. He'd get just as C&D'd if he taught people how to make "Kleenex-style tissues" from wood pulp or "Ford-style cars" from spare parts on eBay.
  - vertis 6y ago
    What about "Disney Style Character Design"[1] or "Making a Dior-inspired dress"[2]. [1]: https://www.youtube.com/watch?v=VRYEeB0mIUk https://www.youtube.com/watch?v=VRYEeB0mIUk [2]: https://www.youtube.com/watch?v=K5VliJBATTA https://www.youtube.com/watch?v=K5VliJBATTA
tgv 6y ago
As long as the recipe isn't copyrighted, or obtained while under an NDA, I don't see the problem. The trademark is not being used to sell cheese. If we follow your style of reasoning strictly, it would also be forbidden to make videos or documentaries like "How Coca Cola became a success in the Soviet Union" or "Animals tortured in <cosmetics brand, e.g. Channel> test lab" (although for the latter case, there would obviously be a need to substantiate the claim).
- M2Ys4U 6y ago
  >The trademark is not being used to sell cheese. But it's not a trademark, it's a PDO. They're two different types of exclusive right.
  - tgv 6y ago
    But surely you can explain how they make it there? Or can you only explain how champagne is made when you are an seventh generation inhabitant of the Champagne region and the video is hosted at youtube.chmp.fr? I don't think PDO (if you meant Protected Designation of Origin) applies to information.
jiofih 6y ago
There are in fact a lot of “how to make Coca Cola” videos. They should fall under fair use (educational) and do not really infringe on the trademark (unless you’re selling it).
sterwill 6y ago
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.

vertis 6y ago

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

giorgioz 6y ago
Well to start he didn't write "style" on the video screenshot preview, he just wrote Grana Padano. Also he could have made a video generically called "How to make parmesan style cheese" but he decided instead to use the very specific protected product Grana Padano. To me it doesn't seem fair use and there is a monetary incentive for the youtuber to use the term Grana Padano to have more views and/or get paid more by Youtube for views.
- dec0dedab0de 6y ago
  To me it doesn't seem fair use and there is a monetary incentive for the youtuber to use the term Grana Padano to have more views and/or get paid more by Youtube for views. But the whole point of a trademark is to reference the thing that is trademarked. As long as it is clear that he's not affiliated with them then I think it is fair. If he said unofficial guide to make Grana Padano. Or my recipe that's better than Grana Padano then it would be fine.
  - M2Ys4U 6y ago
    >But the whole point of a trademark is to reference the thing that is trademarked. But "Grana Padano" is not a trademark. It's a protected designation of origin.
- weare138 6y ago
  I'm not a lawyer here either but this situation appears pretty common overall. Do a google search for 'KFC recipe' and there's no shortage of sites showing you how to make KFC style fried chicken, many using an alleged leaked list of ingredients. It just seems if it was illegal they wouldn't be able to do that but again IANAL and this is based on observational conjecture. Maybe it being a foreign company under different laws has something to do with it.
  - CaptainZapp 6y ago
    Why anyone would ever go through the effort of wanting to make KFC style chicken at home really eludes me. To each his own, I suppose.
    - dole 6y ago
      I tried last year. The Colonel’s big secret is white pepper, IMHO.
  - nerdponx 6y ago
    I thin their argument is the difference between "KFC Style" and actually using the KFC logo without other context. I'm not sure I agree in this case, but that is what I understood.
- vertis 6y ago
  Agreed if he didn't use style. On the flip side though, there is difference between the different Parmesan cheeses, so potentially he was trying to be accurate. It really depends on whether people are going to YouTube and searching 'How to make Grana Padano' or just happening across the video and clicking in, and at that point how much difference the work Grana Padano has to Parmesan in terms of whether people would watch it. I don't know the answer to that. I'm in favour of protecting origin terms, but it really should apply to the sale of items rather than home hobbies. Sure this guy is potentially making money adjacent to that by explaining HOW to do the hobby, but he's not making and selling Grana Padano (I haven't watched his channel before, so correct me if wrong).
deleted 6y ago
[deleted]
slumdev 6y ago
No. He'd get just as C&D'd if he taught people how to make "Kleenex-style tissues" from wood pulp or "Ford-style cars" from spare parts on eBay.
- vertis 6y ago
  What about "Disney Style Character Design"[1] or "Making a Dior-inspired dress"[2]. [1]: https://www.youtube.com/watch?v=VRYEeB0mIUk https://www.youtube.com/watch?v=VRYEeB0mIUk [2]: https://www.youtube.com/watch?v=K5VliJBATTA https://www.youtube.com/watch?v=K5VliJBATTA

tgv 6y ago

As long as the recipe isn't copyrighted, or obtained while under an NDA, I don't see the problem. The trademark is not being used to sell cheese. If we follow your style of reasoning strictly, it would also be forbidden to make videos or documentaries like "How Coca Cola became a success in the Soviet Union" or "Animals tortured in <cosmetics brand, e.g. Channel> test lab" (although for the latter case, there would obviously be a need to substantiate the claim).

M2Ys4U 6y ago
>The trademark is not being used to sell cheese. But it's not a trademark, it's a PDO. They're two different types of exclusive right.
- tgv 6y ago
  But surely you can explain how they make it there? Or can you only explain how champagne is made when you are an seventh generation inhabitant of the Champagne region and the video is hosted at youtube.chmp.fr? I don't think PDO (if you meant Protected Designation of Origin) applies to information.

jiofih 6y ago

There are in fact a lot of “how to make Coca Cola” videos. They should fall under fair use (educational) and do not really infringe on the trademark (unless you’re selling it).

sterwill 6y ago

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.