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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 ma
by 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 agoTo 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 agoI'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 agoWhy 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 agoI tried last year. The Colonel’s big secret is white pepper, IMHO.
- nerdponx 6y agoI 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 agoAgreed 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).