@@Snoverseercheese is one of the great conflicts between European countries that exists today. You best believe that here in Europe we take cheese SERIOUSLY, and that yes, ridiculous though it is, cheese lore does go this deep. It's absolutely absurd tbh, I mean it's only cheese. Sure it's delicious and adds something to almost any meal but like. It's cheese. It doesn't need a mafia.
There's something called "trademark fair use". Comparing your recipe to a brand shouldn't offend actual trademark law. I'll have a video or livestream on it tomorrow.
@@lognomodeimeme Well,.. America's foreign and internal policies are ALL about GLOBAL Zionism and Zionists Masonic interests .. the American people are all about work, sports and alcohol ..However, as my great-grandma always said: "Just 'cause you're hung like a moose doesn't mean you gotta do po.rn." but I am NOT hung! .. Any other questions?
that has been zapped (you can see it in old versions tab) how rude! There has been somebody adding it and some user named Vaselineeeeeeeee who keeps deleting it. Bah, humbug.
If I were you, I would print the email, frame it and hang it on my wall. Consider it a trophy. Your a threat to Grana Padano. Shows how good a cheese maker you are.
Daniel Hostetler Not necessarily. Sending a C/D allows him to fail to meet their demands, which they would use to prove he was operating in bad faith to get monetary compensation in court. If YT simply took down his video they would be unable to sue for damages.
It's extremely common for law firms to send CnD letters knowing they have no case and have no intention to go through with any legal action. Scaring normal people into doing things using official legal documents is a common legal tactic. If it was me, I would either * Leave video up but change title to 'NOT MAKING GRANA PADANO'. Then send a reply back saying they obviously didn't actually watch the video because it was explicitly stated in the first 30 seconds of the video that the cheese made was NOT GRANA PADANO. **OR** * Take the current version down then edit a new version where any written or verbal references are dubbed over to be "NOT GRANA PADANO BY ORDER OF THE CHEESE PROTECTION CONSORTIUM" (Or "by order of the cheese police", might be funnier) Then add a short intro to the new vid drawing negative attention to the consortium for what they did . And be sure to keep the real name in the youtube keyword search list so it comes up in searches.
If you need a silver lining for this, know that this controversy is the only reason I ever found out about you. I subscribed for this. I can't wait to see your other cheese videos.
@@RandyBroderick Also, register a PDO of EVERYWHERE ELSE EXCEPT THE GRANA PEDANO area of Italy for your cheese to be made and then you are in the clear.
IP lawyer here, tell em to get stuffed! You're not using their trademark as a trademark, and you're perfectly entitled to describe how to make any kind of cheese you like, unless the cheese is patented (which they don't mention and I very much doubt). Let em threaten - they are purely bluffing.
That was my take also. As I understand the law, PDO applies only to products placed on the market. It does not apply to descriptions of how those products are made. If they did, then (say) Discovery Channel documentaries about cheesemaking wouldn't get made.
@@TonyWeirPD thank you, the whole point of the PDO is to protect their market. A video on a website explicitly stating that a cheese isn't the same as the PDO cheese and not selling the cheese, there's no way that could be construed as violating whatever kind of agreement Australia has with the EU as if it did 1) the precedent it would set would be insane, and 2) it's completely against the spirit of the 'inherited' law anyways.
You can't really patent a food anyway. If someone wants to reverse engineer how a food is made, they can. You can't monopolise a food and anyone who tries to would be laughed at and launched out of any courtroom where they try to defend this idea no matter what trademark designation they've been granted. This premise is even more laughable when it's not even a recipe but simply a modification of a single ingredient. If I wanted to make a three tiered burger with a special sauce or a fried chicken using eleven different herbs and spices, I'm allowed to. Food companies copy each other's formats and basic premise of their recipes all the time. You can't patent a food. It will never hold up in court. All you can trademark is brand names.
There's a point, contact the company directly and ask if they have a problem before you do anything., from a marketing perspective, I would think they would be happy you are advertising their product for them, I use myself as an example, never tried it, will by it.
Unfortunately, this probably would stand in court and you can easily research cases in which even the "evocation" or unintentional suggestion that some product is a PDO product constitutes a prohibited action. The PDO system is taken seriously in Europe and while the vast majority of publicity around it tends to involve wines, producers who've obtained a protected designation will fight to keep it enforced. That said, I agree that whether or not it's a legally-valid case is completely past the real issue, which is just this consortium flexing its muscles at Gav for doing nothing but fostering a love for these products. I don't have the space to make cheese in my flat so I don't, but I know whenever I watch one of Gav's videos I pop down to the shops to find the closest commercial representative I can. It might be a while before I give the Consorzio di Grana Padano any more of my money, after this stunt.
I agree with you; they are probably butt hurt that you just figured out their recipe and are threatening their cheese monopoly! I know who I won’t be buying cheese from now!
I was thinking the same thing! I will never buy from Grand Pernono lol. Came across as bullies to me. Exspecialky when he said repeatedly that is was like GP but it was not GP.
No, they are required to protect their property or the rights are lost. it is a legal thing. Just as Champagne can only come from Champagne in France and thus we are required to call other wines "sparkling wine". If companies do not fight to protect their rights those rights become undefendable. In Wine there are substitute names for those styles. Dunno if the same is true in cheese, but if not it should be. If you called your soda "Pepsi" or "Pepsi style" they would fight you too.
@@SirWussiePants I want to poke so many holes in your statement, but it's not worth arguing with a random person on the Internet over something so trivial. Yet, I feel so compelled to say something at the very least. So this is it.
@@SirWussiePants It is fair that given they want to keep their property rights, then it makes sense that they are acting in the way that they did. However, if you're willingly working to protect Italy's dumbass rights to keep the name of a "Cheese Style," that is so obviously (given Gavin's spot on recipe) easily replicable from anywhere in the world, by using your power to undermine the livelyhood of a small home cheesemaker who clearly told his audience that his product was not genuine, then you are a bully and an asshole. Getting bogged down in the technicality of intellectual property cheese law I think is missing the bigger picture.
@@ethandavis7310 it's not Italy. It's an EU pdo. It's part of EU food law and regulations. If you use the legal name listed on the pdo it's bigger than IP. It's a breach of EU food law. It's why across Europe you will se things sold such as "Italian style hard cheese" and "sparkling wine". Pdo's along with Pgo's exist to protect specialist traditional products and the EU takes them very seriously. To the point where if you are the local authority or consortium that is responsible for a pdo you are compelled under EU law to protect it.
I once got a "cease and desist" order from the management company of a large (560 unit) build where I was renting. I had been distributing information about tenant's rights. I had distributed educational and informative materials to each of the 560 units and dropped off copies to the office of the manager. In return, I wrote my own letter showing them NJ citations of case law and statutes supporting my right to distribute information to tenants I was hoping that the management company would pursue the issue as they were so obviously in the wrong. The thing is, they hoped and expected that they could intimidate anyone.
this is like the streisand effect of cheeses, by saying you need to stop they basically said it's close enough to be the real thing. Now I'm going to learn how to make cheese just so I can say I made grana padano cheese, I DONT EVEN LIKE CHEESE
Contact the Electronic Frontier Foundation. Nothing you did violates any law, and made no claim to do so. If you need advice, I can offer some, but I am not versed in Australian law.
I hope nobody pulls down the video between now and sunday and rehosts it 1000s of times in a stunning demonstration of the streisand effect. That would be terrible.
I hope you repost it with “1 year hard Italian style” dubbed over. I had a vegan gelato company send me a cease and desist for my vegan cheese company’s name... it’s always 100% fear driven. Keep doing what you do, love the videos man!
Considering that grana padano that you can actually buy in stores mostly is just a worse, less flavorful parmigiano reggiano, I would suggest dubbing over "parmesan like cheese" Apparently the consortium sent a Cease and Desist to a Soap Opera where a character claimed Grana Padano was poor man's parmesan lol
@@Imthefake it's just that the restrictions on what you can call Parmigiano Reggiano are a lot more strict, so the worst Parm is a lot better than the worst Grana Padano.
Grana Padano STYLE Cheese. That 'style' bit means everything. Perhaps Mr Lombardy might get himself a dictionary. What if you changed the name to Prana Gradano Cheese (no 'style' ;)/
Thank you for giving us these recipes. No, I don’t think you overstepped the mark in making or giving us this cheese recipe. I also agree with you, you must have got very close to making their cheese. You do a great job, don’t stop making cheese and putting it on UA-cam.
It's pretty likely someone who makes GRANA PADANO saw your video and reported it to the consortium who then forward it to their lawyers. And the lawyers said... "We can't get that video taken down. He stated outright that it's not grana padano cheese in the first 30 seconds however we can try scare him into taking it down himself with a CnD letter" Apple's lawyers did a very similar thing to Louis Rossmann on youtube for showing macbook electrical repair schematics and how to replace a fuse. Louis replied saying "No, if you want the video taken down then file a DCMA takedown notice so it's public and on record" He never heard back from Apple.
Gavin perhaps you should ask for a letter on their Letterhead sent to you at your local post office "registered" as you wish to take legal advice and require formal notification (given how many scammers reside on the web). Love the channel keep up the great work.
"How many wheels of this 'Grando Padoono?' you got around here?" "three hundred forty seven." *sucks teeth* "Be a shame if someone set fire to them." -Luigi Vercotti, probably.
funny thing is the mob is waaaaaaaaaaaaaay into the italian food export market spoonuniversity.com/lifestyle/mafia-reason-why-olive-oil-quality-is-bad www.cbsnews.com/news/60-minutes-agromafia-food-fraud/
Lol a C & D is not worth getting bent out of shape over. They don't go to a judge first nor does it have legal standing. An intern typed that out because his boss was too lazy.
Don't take it down. They don't have a leg to stand on. If you bend the knee now, every company will send you a letter to take down videos that depict how to make a (insert name here) style cheese. I gave you a "like" for now because I enjoy watching videos on how you make cheeses but please don't change who you are and what you are doing.
You are a valuable teacher, you help to teach people to be self-reliant. It's just a big company trying to keep the people dependent on them & you have done nothing wrong
The fact that you stated 'style of' means your intention was never to infringe on their protected brand. They don't really have a leg to stand on here, came because the controversy but subscribing because i love cheese and if big cheese companies feel threatened by you you're obviously doing something right!
Yea it’s crazy they really see him as competition but that’s great for him cause that’s really recognition gonna be making his recipes for cheese for now on since they feel it’s worthy of C and D letter !
If you take it down, we the Fans will have to serve you with a "Curds and Relist" order for that video. Gotcha ! Caught between a Rock and a Hard cheese ! ;)
That's standard intimidation practice. I see why you'd want to concede. It's often not worth the legal battle especially over one video but I don't think they have a case here. A judge would likely throw it out immediately. I still hope you won't give in.
Back in the 80s, when I lived in Baltimore there was something similar going on. A Korea woman, named Sony, had had a little shop there for decades, Somehow, Sony corporation in Japan got wind of it and took her to court with a cease and desist order. They won and put her out of business. When some giant entity feels they have to wipe out some individual to protect their brand, then they must not have much confidence in that brand. IOW, it's ridiculous. In your case, if you were encouraging counterfeiters, you'd have to provide a much larger batch size to even make one wheel! Ridiculous.
My hometown of Fairbury Illinois had a rare case of the little guy winning. We had McDonald's Family Restaurant (owned by Ron McDonald, can't make this up) which predated the franchise but were constantly harassed for years. When a franchise was built in town they finally sued the restaurant but it back fired... long story short, the franchise building is now a bank and the restaurant lived on until it changed hands a few years back and was rebranded by the new owners.
You didn't even claim to make the original cheese, just a cheese in their style! Imagine if the writers of the Simpsons sued people over making yellow people!
Before you take the video down, consult with a lawyer. In America cease and desist orders are a request. They can't compel you do to anything until they are ordered to by the courts. Your lawyer will be able to tell you if that holds for where you are, and if they actually have a case or if she can make them go away with a suitably resolute letter back.
Murkins and Lawyers and endless money that comes from nowhere. There is no need for a lawyer - this is an open and shut case - Gavin is not party to a trade contract with the EU protection rackets. End of.
I don’t think the US recognizes these rules, and so US makers can’t be held liable for these, but perhaps Australia complies with the EU rules? I think he should definitely check with his lawyers first. It is not an intellectual property trespass, unless he calls the cheese a grano padano. Cheese making has been around for thousands of years. The grano padano is probably based on an earlier cheese, and so how can they claim its theirs? Anyway, they have no right to say trespass because he doesn’t have their original recipe that he’s broadcasting. He’s not trying to claim it’s a grano padano, and obviously he’s making it in Australia, so he’s not trying to claim its coming from the region, so not trying to counterfeit it. I really think these types of overreach should be fought back against.
Tangentially related: I used to work in education and we had a "copyright infringement notice". The kids were brought into an assembly and were giving "amnesty" to admit pirating a certain movie at a certain time (here I am laughing because I haven't taught them how to pirate properly). And as it happened, there were A LOT of kids who admitted to downloading that movie. The thing was that the ISP was new and so didn't really know what to do with the notices. See in NZ, if whatever protection consortium want to send notices to customers, they have to go through the ISP and pay a nominal fee (I think it's around $10 NZD for the ISP's time). It doesn't stop them from trying it on though. I mean, whatever "protection of trademarks" consortiums still continue to waste everyone's time by sending the notices to the ISPs without following the rules. Because the aim is to intimidate. They can't prosecute based on it. That's what's going on here. You'd be better off calling their bluff as they have no leg to stand on (and they know it). All bark, no bite. You make a comparison to a thing. You don't claim it to be the thing.
The video was uploaded an entire year ago, it seems like Mr. Lombardi was bored and just needed to fill an afternoon or something. Regardless, it's nice to know that I'm subscribed to UA-cam's highest-profile cheese counterfeiter.
Here in Canada, we just say "whatever"-style cheese. They are full of nonsense; you never insinuated it was either designation. Legal issues? Start a go fund me, and we will boycott.
Gav, please don't be discouraged....having lived in Italy for many years, I am not surprised that you got the letter....it just proved that you nailed the recipe and they threatened....Stay calm and continue to make great cheese....best wishes, Kasper
A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation can be subject to copyright. So basically you could just copyright your own recipe for this cheese as you arrived at the recipe and formula of conception completely independently of said trademarked brand. This ofcoarse is in the US so may or maynot be the case in Australia
Grana Padano has always been my favourite all-rounders, and I'm well into DIY anyway, just never thought to put the 2+2 together. Thank you, and the law firm for the inspiration!
Well done Gavin with stating what you were making.we made it last night and looks good.I use to live in west melton. I need to ask mate,do you sell the larger cheese molds like you used.you are appreciated ol mate.
@@SirWussiePants 1. Trademarks identify PRODUCTS or SERVICES, you berk. Does it look like my man's selling his cheese? 2. There's a pretty good precedent for "x-style" cheeses that DON'T qualify to be called "X", EVEN WITHIN THE EU. Shut up.
@@Heypistola It doesnt matter if he is selling it or not. He is using the name. If you allow that your brand becomes like "Kleenex" or "Escalator" - terms used that are no longer attached to the original brand owner. All companies do this. See the Axanar fight with Paramount on Star Trek intellectual property. If you allow 200 Joe Blows to use the name you have no defense when company "V" decides to market under that name. It becomes a legal thing.
Here in the UK stores are very careful about their wording, so even feta for example is labeled "Greek style cheese." So I can see why they protested- even using the name of a protected origin cheese is a violation of their trademark. Name your cheese something fun and trademark it! :)
I have never before seen your work, but I have to say that, as far as my thoughts: This was, indeed, a storm in a teacup, and above all, I was impressed with your professionalism, given the lack from those who sent you the letter. Hope you keep doing what your doing! :)
European regional food protection, like champagne for instance, is taken VERY serious! I would say you absolutely did the right thing taking it down. And your future plan regarding these types of videos seems solid. Don't risk it! Good luck in the future.
Gavin, I used to work in an IP firm. Going after individuals in youtube videos means either a really slow day in the office, trying to drum up billable hours, or it means a deteriorating relationship with the client, generally with a 'what do I actually pay you idiots for??!" meeting followed by associates scurrying to Do Things. Legally speaking (disclaimer, I'm not familiar with any of the specific laws) they're on fairly thin ice about the DOC because of your disclaimer. However taking down the video is probably the right call because companies and law firms tend to win youtube disputes with individuals. The trademark claim sounds like bullshit. No one is going to confuse your cheese, made in Australia, with that made in Italy... there's also the slight issue that your cheese isn't available for sale, so where are the actual damages? I'd love to see you edit your Grana Padano video and place it back up. My suggestion to get around absurd DOC claims is to translate the name into English. From wikipedia: The name comes from the Italian word grana, a reference to the characteristically grainy texture, and the demonym padano, meaning "from Val Padana" (the Po valley). Thus your cheese could be Weber's Grainy Po Valley Hard Cheese. It would be extra funny if you worked Australian slang into the names...
Gavin, as you said in the vid, it's a Grana Padano "style" cheese and you stated it's not the real deal. Keep the video up. They don't have a leg to stand on. That cheese recipie is yours, thought by you, made by you. It's your intellectual property. All that bumph about counterfit cheese is just their way of saying they don't have a leg to stand on but they are not happy. Stand your ground good fella. There's nothing they can do about it!
Also if it was that serious, the consortium would have went straight to youtube to get the vid taken down. Fiver says they did and youtube said get stuffed ;)
I think you've done a really good job and you've been very kind to them especially with your intro I think you did a very good job and I think it's ridiculous what they're doing but thank you for being so kind to them
Who here would never have known about Grana Padano if it weren't for this channel? They should be supporting Gavin for getting people excited about cheese
As an Italian who wants the italian PDOs protected, I still find this C&D letter excessive if not completely out of merit. I'm sorry that this happened to you. I can see the anger in your eyes. I also don't blame you that you want to comply, as it is not worth getting in trouble for just a video.
Exactly. He's not selling anything. They are just scared that a few nobodies will try to make their cheese that they wouldn't be able to afford anyways...for personal use.
I have the original video now. Message me if you guys want free access. Information like this cannot be hidden once it's online. I will personally produce my own grana padano now since I never seemed to have gotten the correct recepie before this. Where I am in Portugal has some of the best grassfed milk in the world(i've tried Italy's milk as well, ours was better) so my Grana Padano will hopefully taste better than the Italian one. Stuff like this shouldn't be hidden, share it
You know you've made it as a cheese maker if you get a "Cheese and Desist" from the cheese mafia.
I am not ashamed to say this comment made me guffaw.
Does cheese lore go this deep?
Not “cheese and desist”! 💀
@@Snoverseercheese is one of the great conflicts between European countries that exists today. You best believe that here in Europe we take cheese SERIOUSLY, and that yes, ridiculous though it is, cheese lore does go this deep. It's absolutely absurd tbh, I mean it's only cheese. Sure it's delicious and adds something to almost any meal but like. It's cheese. It doesn't need a mafia.
Holy crap cheese lore does go this deep
There's something called "trademark fair use". Comparing your recipe to a brand shouldn't offend actual trademark law. I'll have a video or livestream on it tomorrow.
I don't know about the rest of the world, but here's US law on it: en.wikipedia.org/wiki/Fair_use_(U.S._trademark_law)
Looking forward to it! 😊
I was going to email you To see if you could do something about this situation, I lol forward to your analysis
I was wondering about that. I know tm laws are complicated, but I'd think the s and d is more bark than bite. Looking forward to your video!
Do all countries have this law
Makes me want to make a Grana Padano style cheese on my channel...
Go ahead as long as you don't claim it tastes like Grana Padano just like Gavin said in his tasting video which caused the Cease and Desist letter.
All Foodtube should make it!
@@VandrothSoryn blanket UA-cam with grano padano style cheese recipes.
Do it glen!!
Geez,Canadians love talking a big game. I'm willing to bet any amount of money that this will not happen.
I propose Gavin's version to be named GRAINY PADAINY, which is a completely different cheese to Grana Padano.
That was really creative and funny :)
Lol!
Perhaps Gavin’s cheese could be named Prana Gadano
@@roblynch7234 Or maybe Curd Nerds?
Absolutely lol
Sad, but also must be satisfying as you said you got so close they got scared. A testament to your skill as a cheesemaker.
We need to boycott Grana Padano cheese 🧀🍕 ..let's teach them the American way! & make companies & industries think twice before doing sh,it like this!
@@cinemaparadiso5402 well, it's the americans who are bringing protectionism in world markets even though you claim to deploy "free market"
@@lognomodeimeme Well,.. America's foreign and internal policies are ALL about GLOBAL Zionism and Zionists Masonic interests .. the American people are all about work, sports and alcohol ..However, as my great-grandma always said: "Just 'cause you're hung like a moose doesn't mean you gotta do po.rn." but I am NOT hung! .. Any other questions?
@@lognomodeimeme Protectionism is a different matter entirely; PDO's are generally not enforceable in the US, it's a European fetish.
The American Whey.
But don't you mean Ossie?
You made it onto the "Grana Padano" wiki page under "Controversy." As the P.T. Barnum said, "There is no such thing as bad publicity!"
that has been zapped (you can see it in old versions tab) how rude! There has been somebody adding it and some user named Vaselineeeeeeeee who keeps deleting it. Bah, humbug.
If I were you, I would print the email, frame it and hang it on my wall. Consider it a trophy. Your a threat to Grana Padano. Shows how good a cheese maker you are.
Somehow some Australian guy making cheese in his kitchen is a threat to these people. ¯\_(ツ)_/¯
Cheese and desist.
ah beat me to it
This.
Haha
Need a t-shirt with this
@@sammyston Add Grandpa Padano and I want one too.
Im watching this 2 years later and your video on Grana Padano "style" cheese is still on YT . .
You must have won! 😂
Indeed
Let's stand with Gavin! Don't let those "legal" companies bully you
Imagine being so good at making cheese, that you get targeted
Legend say he’s been making cheese since the beginning of time
cheese god
Daniel Hostetler Not necessarily. Sending a C/D allows him to fail to meet their demands, which they would use to prove he was operating in bad faith to get monetary compensation in court. If YT simply took down his video they would be unable to sue for damages.
i guess he was pissing off the wrong italians so much
Bullseye Padang.... new name for the cheese
It's extremely common for law firms to send CnD letters knowing they have no case and have no intention to go through with any legal action. Scaring normal people into doing things using official legal documents is a common legal tactic.
If it was me, I would either
* Leave video up but change title to 'NOT MAKING GRANA PADANO'. Then send a reply back saying they obviously didn't actually watch the video because it was explicitly stated in the first 30 seconds of the video that the cheese made was NOT GRANA PADANO.
**OR**
* Take the current version down then edit a new version where any written or verbal references are dubbed over to be "NOT GRANA PADANO BY ORDER OF THE CHEESE PROTECTION CONSORTIUM"
(Or "by order of the cheese police", might be funnier)
Then add a short intro to the new vid drawing negative attention to the consortium for what they did
. And be sure to keep the real name in the youtube keyword search list so it comes up in searches.
That would be funny!
This! And do an extra crappy job over dubbing it.
@@dexterne yeah
And then refer them to the UK Court case of Arkell vs Pressdram
Please do this.
I'd talk to a lawyer before complying. You aren't doing any trade for the trademark to apply.
If you need a silver lining for this, know that this controversy is the only reason I ever found out about you. I subscribed for this. I can't wait to see your other cheese videos.
I look forward to watching your "Granny Pedantic" cheese video.
just call your version of the cheese Gavino pedantico cheeso
That's not a bad name. I was thinking my first choice, "Giorgio Lombardi has a prolapsed anus" is just too wordy.
@@joho0 lol
I was thinking "Grand Piano" cheese...
make sure to bolden the pedantic part... and maybe mmake it size 100.... and maybe in red.
@@RandyBroderick Also, register a PDO of EVERYWHERE ELSE EXCEPT THE GRANA PEDANO area of Italy for your cheese to be made and then you are in the clear.
IP lawyer here, tell em to get stuffed! You're not using their trademark as a trademark, and you're perfectly entitled to describe how to make any kind of cheese you like, unless the cheese is patented (which they don't mention and I very much doubt). Let em threaten - they are purely bluffing.
That was my take also. As I understand the law, PDO applies only to products placed on the market. It does not apply to descriptions of how those products are made. If they did, then (say) Discovery Channel documentaries about cheesemaking wouldn't get made.
@@TonyWeirPD thank you, the whole point of the PDO is to protect their market. A video on a website explicitly stating that a cheese isn't the same as the PDO cheese and not selling the cheese, there's no way that could be construed as violating whatever kind of agreement Australia has with the EU as if it did 1) the precedent it would set would be insane, and 2) it's completely against the spirit of the 'inherited' law anyways.
They can still get you for using the name, you can't claim your cheese is Grana Padano. It's a protected NAME not just product.
@@Galf506 he didn't call his cheese Grana Padana,and is not marketing itso no they can't,
You can't really patent a food anyway. If someone wants to reverse engineer how a food is made, they can. You can't monopolise a food and anyone who tries to would be laughed at and launched out of any courtroom where they try to defend this idea no matter what trademark designation they've been granted. This premise is even more laughable when it's not even a recipe but simply a modification of a single ingredient.
If I wanted to make a three tiered burger with a special sauce or a fried chicken using eleven different herbs and spices, I'm allowed to. Food companies copy each other's formats and basic premise of their recipes all the time. You can't patent a food. It will never hold up in court. All you can trademark is brand names.
They’re wrong and this wouldn’t stand up in court. They’re trolling you. This firm sounds similiar to patent trolls
All types of IP lawyer are similar rodents.
Yes you are 100% correct
There's a point, contact the company directly and ask if they have a problem before you do anything., from a marketing perspective, I would think they would be happy you are advertising their product for them, I use myself as an example, never tried it, will by it.
Unfortunately, this probably would stand in court and you can easily research cases in which even the "evocation" or unintentional suggestion that some product is a PDO product constitutes a prohibited action. The PDO system is taken seriously in Europe and while the vast majority of publicity around it tends to involve wines, producers who've obtained a protected designation will fight to keep it enforced.
That said, I agree that whether or not it's a legally-valid case is completely past the real issue, which is just this consortium flexing its muscles at Gav for doing nothing but fostering a love for these products. I don't have the space to make cheese in my flat so I don't, but I know whenever I watch one of Gav's videos I pop down to the shops to find the closest commercial representative I can. It might be a while before I give the Consorzio di Grana Padano any more of my money, after this stunt.
And bill collectors.
I don't know how I got here but I guess I'm a member of the cheese revolution now. Down with the consortium!
It can be produced only in the region of Padania. If not it's just sparkling milk curd.
I agree with you; they are probably butt hurt that you just figured out their recipe and are threatening their cheese monopoly! I know who I won’t be buying cheese from now!
I was thinking the same thing! I will never buy from Grand Pernono lol. Came across as bullies to me. Exspecialky when he said repeatedly that is was like GP but it was not GP.
No, they are required to protect their property or the rights are lost. it is a legal thing. Just as Champagne can only come from Champagne in France and thus we are required to call other wines "sparkling wine". If companies do not fight to protect their rights those rights become undefendable. In Wine there are substitute names for those styles. Dunno if the same is true in cheese, but if not it should be. If you called your soda "Pepsi" or "Pepsi style" they would fight you too.
@@SirWussiePants I want to poke so many holes in your statement, but it's not worth arguing with a random person on the Internet over something so trivial. Yet, I feel so compelled to say something at the very least. So this is it.
@@SirWussiePants It is fair that given they want to keep their property rights, then it makes sense that they are acting in the way that they did. However, if you're willingly working to protect Italy's dumbass rights to keep the name of a "Cheese Style," that is so obviously (given Gavin's spot on recipe) easily replicable from anywhere in the world, by using your power to undermine the livelyhood of a small home cheesemaker who clearly told his audience that his product was not genuine, then you are a bully and an asshole. Getting bogged down in the technicality of intellectual property cheese law I think is missing the bigger picture.
@@ethandavis7310 it's not Italy. It's an EU pdo. It's part of EU food law and regulations. If you use the legal name listed on the pdo it's bigger than IP. It's a breach of EU food law. It's why across Europe you will se things sold such as "Italian style hard cheese" and "sparkling wine". Pdo's along with Pgo's exist to protect specialist traditional products and the EU takes them very seriously. To the point where if you are the local authority or consortium that is responsible for a pdo you are compelled under EU law to protect it.
I say it’s better to ask forgiveness than Parmesan.
LOL...:)
you sneaky little bastard LOL
I honestly don’t get this one... could anybody help?
@@topsecret1837 permission, parmesan
This... this is the best pun I have ever heard. Well done!
Hello im from the zone where grana padano can be produced I'm taking your side on this just to let you know some padani are good people too ❤️
I once got a "cease and desist" order from the management company of a large (560 unit) build where I was renting. I had been distributing information about tenant's rights. I had distributed educational and informative materials to each of the 560 units and dropped off copies to the office of the manager. In return, I wrote my own letter showing them NJ citations of case law and statutes supporting my right to distribute information to tenants I was hoping that the management company would pursue the issue as they were so obviously in the wrong. The thing is, they hoped and expected that they could intimidate anyone.
You should call it "The Series of Cheeses that shall not be named"
Moldymort
@@BC-vg3zf That made me lol for real. Brilliant!!! 😂
You should re-upload it, but just put a beep whenever you say the name. Then they can't say anything.
And then just link to this if anyone is questioning the beeps
"This is how to not make this type of cheese. Whatever you want to call this creation, it is without a doubt, absolutely not *consortium cheese."
Better yet, re-upload this exact video but dub over the name with a made-up alternative. Mmmm, "hakuna matata" cheese...
The beep will be the new name of the cheese (vaffanculo, Giorgio Lombardi) and since it is so obscene it needed to be censored.
He did but dubbed over "Chease and Desist" 😂😂
this is like the streisand effect of cheeses, by saying you need to stop they basically said it's close enough to be the real thing.
Now I'm going to learn how to make cheese just so I can say I made grana padano cheese, I DONT EVEN LIKE CHEESE
hey bro, I miss your videos. Hope you are doing well :)
Wow this is the last place would expect to see you comment
Hello?
The Protected Daniel of Origin.
i'm going to learn how to make cheese in the next dayz video
Contact the Electronic Frontier Foundation. Nothing you did violates any law, and made no claim to do so.
If you need advice, I can offer some, but I am not versed in Australian law.
Techdirt would probably cover this story too.
Had a good laugh at "How to create counterfeit replicas of cheese"
What a joke
So make a "Grana Padano" style cheese, but name it "Grando Piano" ;-)
You think cheese lawyers are bad. You don’t want the piano lawyers after you
👏🥳😂😆🤣😂
They've obviously never heard of the Streisand effect. It quickly went from being a video I hadn't watched to one I have saved locally as an MP4 🤷🏻♀️
me too
Any chance I could get a copy?
@@ShadowVipers Same here. Could I get a copy? I'd like to learn how to make some cheeses like this.
Next time you make that cheese, call it Banno Bodanno cheese. And tell them to suck a fat curd
Hahaha!
This is the way, make your cheese and rename it, send me a link when you do it! Please
Or just call it the Giorgio Lombardi Pendendantico
I'd take it as a -complaint- *_Compliment_* Gavin. 😉😁
Cheers mate.
compliment?
@@MrBarlien That he was very close to their recipe. 😉👍
@@RobsAquaponics they were pointing out your typo.
@@JosiahMcCarthy 🤣🤣 just shows how dodgy my eyes are getting. Will fix it when I get back on the computer.
Cheers
Sorted. 👍
You can only imagine that you got the Cease and Desist because absolutely nail their recipe, so well done, and thanks!!
You're a humble man Gavin. I respect your patience
I hope nobody pulls down the video between now and sunday and rehosts it 1000s of times in a stunning demonstration of the streisand effect. That would be terrible.
I hope you repost it with “1 year hard Italian style” dubbed over. I had a vegan gelato company send me a cease and desist for my vegan cheese company’s name... it’s always 100% fear driven. Keep doing what you do, love the videos man!
Considering that grana padano that you can actually buy in stores mostly is just a worse, less flavorful parmigiano reggiano, I would suggest dubbing over "parmesan like cheese"
Apparently the consortium sent a Cease and Desist to a Soap Opera where a character claimed Grana Padano was poor man's parmesan lol
@@tommihommi1 as someone who lives in padania i had my pitchfork out, you saved yourself with the you can actually buy in stores
@@Imthefake it's just that the restrictions on what you can call Parmigiano Reggiano are a lot more strict, so the worst Parm is a lot better than the worst Grana Padano.
You should receive a CaD letter just because you produce vegan shit :D
Grana Padano STYLE Cheese. That 'style' bit means everything.
Perhaps Mr Lombardy might get himself a dictionary.
What if you changed the name to Prana Gradano Cheese (no 'style' ;)/
Or he can stop trolling UA-cam from a year ago videos and stick to the authentic 😉 cheese making .. He must of been really bored ..
Also he’s not selling the cheese so there’s no product to be passed off as grana padano. There’s no infringement at all.
Exactly what I thought, you must have really nailed it to get that cease and desist.
Thank you for giving us these recipes. No, I don’t think you overstepped the mark in making or giving us this cheese recipe. I also agree with you, you must have got very close to making their cheese. You do a great job, don’t stop making cheese and putting it on UA-cam.
They tried your recipe and it was better…😂
It's pretty likely someone who makes GRANA PADANO saw your video and reported it to the consortium who then forward it to their lawyers. And the lawyers said...
"We can't get that video taken down. He stated outright that it's not grana padano cheese in the first 30 seconds however we can try scare him into taking it down himself with a CnD letter"
Apple's lawyers did a very similar thing to Louis Rossmann on youtube for showing macbook electrical repair schematics and how to replace a fuse. Louis replied saying "No, if you want the video taken down then file a DCMA takedown notice so it's public and on record" He never heard back from Apple.
You know you've made it when...
Big Parma at it again!
Gavin perhaps you should ask for a letter on their Letterhead sent to you at your local post office "registered" as you wish to take legal advice and require formal notification (given how many scammers reside on the web). Love the channel keep up the great work.
Never seen a video of yours before until I saw this in my recommended but now I can't wait to start watching how to make cheese thanks internet
"Nice cheese channel you have there....be a shame if something 'happened' to it!" - Italian Cheese Mafia
LOL
"How many wheels of this 'Grando Padoono?' you got around here?"
"three hundred forty seven."
*sucks teeth* "Be a shame if someone set fire to them." -Luigi Vercotti, probably.
funny thing is the mob is waaaaaaaaaaaaaay into the italian food export market
spoonuniversity.com/lifestyle/mafia-reason-why-olive-oil-quality-is-bad
www.cbsnews.com/news/60-minutes-agromafia-food-fraud/
the actual italians got so mad they decided to take action, lol, i still couldn't find some angry italian comments
@avery swangoo Video proof, or it never happened. O_o
No cred for fake, pumpkin-spiced fascism. lol
I hope you spoke to a lawyer first. There's a possibility of a counter suit if the threat is unfounded.
true
There are in fucking Italy and he’s in Austriala
Lol a C & D is not worth getting bent out of shape over. They don't go to a judge first nor does it have legal standing. An intern typed that out because his boss was too lazy.
Take it all the way to the Supreme Court
@@Johnthecollie so should he just not comply with it? I would I agree if that is what his lawyer tells him to do as well.
Don't take it down. They don't have a leg to stand on. If you bend the knee now, every company will send you a letter to take down videos that depict how to make a (insert name here) style cheese. I gave you a "like" for now because I enjoy watching videos on how you make cheeses but please don't change who you are and what you are doing.
You are a valuable teacher, you help to teach people to be self-reliant. It's just a big company trying to keep the people dependent on them & you have done nothing wrong
The fact that you stated 'style of' means your intention was never to infringe on their protected brand. They don't really have a leg to stand on here, came because the controversy but subscribing because i love cheese and if big cheese companies feel threatened by you you're obviously doing something right!
Yea it’s crazy they really see him as competition but that’s great for him cause that’s really recognition gonna be making his recipes for cheese for now on since they feel it’s worthy of C and D letter !
Just watched the grana Padano video, taken notes and now going to make this next weekend ! Thanks Gav
If you take it down, we the Fans will have to serve you with a "Curds and Relist" order for that video.
Gotcha ! Caught between a Rock and a Hard cheese ! ;)
That's standard intimidation practice. I see why you'd want to concede. It's often not worth the legal battle especially over one video but I don't think they have a case here. A judge would likely throw it out immediately. I still hope you won't give in.
Thank you for sharing your passion and recipes from all style cheeses which are produced around the world. Keep up the spirit!
I just sent both the legal company and the cheese consortium an email to call them out on their ridiculousness.
Cant wait to see you making that "grand piano" cheese 🤣🤣
The power this man has will shake the cheese industry
I can't believe they did this to you Gavin! No you didn't infringe, you got too close :)
Back in the 80s, when I lived in Baltimore there was something similar going on. A Korea woman, named Sony, had had a little shop there for decades, Somehow, Sony corporation in Japan got wind of it and took her to court with a cease and desist order. They won and put her out of business. When some giant entity feels they have to wipe out some individual to protect their brand, then they must not have much confidence in that brand. IOW, it's ridiculous. In your case, if you were encouraging counterfeiters, you'd have to provide a much larger batch size to even make one wheel! Ridiculous.
My hometown of Fairbury Illinois had a rare case of the little guy winning. We had McDonald's Family Restaurant (owned by Ron McDonald, can't make this up) which predated the franchise but were constantly harassed for years. When a franchise was built in town they finally sued the restaurant but it back fired... long story short, the franchise building is now a bank and the restaurant lived on until it changed hands a few years back and was rebranded by the new owners.
as an italian, i'm so so sorry this happened... your content is fire
You didn't even claim to make the original cheese, just a cheese in their style! Imagine if the writers of the Simpsons sued people over making yellow people!
They might now they are owned by disney. 😂
Simpsons sue all of asia
@@joelsmega123 lmao
Or for making their own truly crappy animations.
or any of the millions of people that say, Doh!
Before you take the video down, consult with a lawyer. In America cease and desist orders are a request. They can't compel you do to anything until they are ordered to by the courts. Your lawyer will be able to tell you if that holds for where you are, and if they actually have a case or if she can make them go away with a suitably resolute letter back.
Yeah consult with a lawyer
There is nothing a lawyer fears more than another lawyer
@@Killercreek kinda like military submarines and queens in chess
Murkins and Lawyers and endless money that comes from nowhere.
There is no need for a lawyer - this is an open and shut case - Gavin is not party to a trade contract with the EU protection rackets. End of.
I don’t think the US recognizes these rules, and so US makers can’t be held liable for these, but perhaps Australia complies with the EU rules? I think he should definitely check with his lawyers first. It is not an intellectual property trespass, unless he calls the cheese a grano padano. Cheese making has been around for thousands of years. The grano padano is probably based on an earlier cheese, and so how can they claim its theirs? Anyway, they have no right to say trespass because he doesn’t have their original recipe that he’s broadcasting. He’s not trying to claim it’s a grano padano, and obviously he’s making it in Australia, so he’s not trying to claim its coming from the region, so not trying to counterfeit it. I really think these types of overreach should be fought back against.
I had no idea the DRAMA that is cheese making! I love you Gavin Webber and keep doing you!
Tangentially related:
I used to work in education and we had a "copyright infringement notice". The kids were brought into an assembly and were giving "amnesty" to admit pirating a certain movie at a certain time (here I am laughing because I haven't taught them how to pirate properly). And as it happened, there were A LOT of kids who admitted to downloading that movie.
The thing was that the ISP was new and so didn't really know what to do with the notices. See in NZ, if whatever protection consortium want to send notices to customers, they have to go through the ISP and pay a nominal fee (I think it's around $10 NZD for the ISP's time). It doesn't stop them from trying it on though. I mean, whatever "protection of trademarks" consortiums still continue to waste everyone's time by sending the notices to the ISPs without following the rules.
Because the aim is to intimidate. They can't prosecute based on it.
That's what's going on here. You'd be better off calling their bluff as they have no leg to stand on (and they know it). All bark, no bite. You make a comparison to a thing. You don't claim it to be the thing.
The video was uploaded an entire year ago, it seems like Mr. Lombardi was bored and just needed to fill an afternoon or something. Regardless, it's nice to know that I'm subscribed to UA-cam's highest-profile cheese counterfeiter.
"Counterfeit Replicas"
?????
When cheese is outlawed, only outlaws will have cheese!
@@bryanandrews3986 Saw what you did there :D
Fairly sure you can just say "Grana Padano style" like you said and that's fine. Large corporations do that all the time for PDO foods.
Here in Canada, we just say "whatever"-style cheese.
They are full of nonsense; you never insinuated it was either designation.
Legal issues? Start a go fund me, and we will boycott.
A facebook article brought me here. Subscribed.
By their own definition, your cheese is NOT their cheese.
Yeah, their "cease and desist" letter did little more than make them look like ignorant asses. 🤷♂️
You should speak with a lawyer about this.
Just email them a reply with only the opening snippet you showed here 😂🤷♀️
Gav, please don't be discouraged....having lived in Italy for many years, I am not surprised that you got the letter....it just proved that you nailed the recipe and they threatened....Stay calm and continue to make great cheese....best wishes, Kasper
Gavin you are the better man, no you did not over step your bounds. I think a new video is in order with a code title. Always you are the best!
I'm super impressed with your attitude, and clearly your nailing of the process of making this cheese. Thanks for being so awesome!
They could never make a case of infringement considering the disclaimer that you placed in the video, don't take it down!
You know you have finally hit legendary status when you get a Cease and Desist. Congrats you mad cheese making lad!
A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation can be subject to copyright. So basically you could just copyright your own recipe for this cheese as you arrived at the recipe and formula of conception completely independently of said trademarked brand. This ofcoarse is in the US so may or maynot be the case in Australia
Grana Padano has always been my favourite all-rounders, and I'm well into DIY anyway, just never thought to put the 2+2 together. Thank you, and the law firm for the inspiration!
That takes skill
Talk about Streisand Effect! I hadn't seen the video in question, but now I -need- to watch it. Take the consortium!
I have never made cheese.... But their ridiculousness makes me want to make this cheese right now 🤣
Oh! Curd Nerd guy! You're back in my recommended!
Well done Gavin with stating what you were making.we made it last night and looks good.I use to live in west melton. I need to ask mate,do you sell the larger cheese molds like you used.you are appreciated ol mate.
These kind of things are completely unenforceable, do not give in!
This. They have absolutely no leg to stand on. Recipes cannot be trademarked/copyrighted (even patented is a sketch). This is just bluster.
@@CrazyCodMusic Names and Trademarks are entirely enforceable. You are nobs.
@@SirWussiePants except he's not selling the cheese while calling it Grana Padano.
@@SirWussiePants 1. Trademarks identify PRODUCTS or SERVICES, you berk. Does it look like my man's selling his cheese? 2. There's a pretty good precedent for "x-style" cheeses that DON'T qualify to be called "X", EVEN WITHIN THE EU. Shut up.
@@Heypistola It doesnt matter if he is selling it or not. He is using the name. If you allow that your brand becomes like "Kleenex" or "Escalator" - terms used that are no longer attached to the original brand owner. All companies do this. See the Axanar fight with Paramount on Star Trek intellectual property. If you allow 200 Joe Blows to use the name you have no defense when company "V" decides to market under that name. It becomes a legal thing.
Here in the UK stores are very careful about their wording, so even feta for example is labeled "Greek style cheese." So I can see why they protested- even using the name of a protected origin cheese is a violation of their trademark. Name your cheese something fun and trademark it! :)
I have never before seen your work, but I have to say that, as far as my thoughts: This was, indeed, a storm in a teacup, and above all, I was impressed with your professionalism, given the lack from those who sent you the letter. Hope you keep doing what your doing! :)
European regional food protection, like champagne for instance, is taken VERY serious! I would say you absolutely did the right thing taking it down. And your future plan regarding these types of videos seems solid. Don't risk it! Good luck in the future.
Its the same here, a Cornish pasty can only be called Cornish pasty if it was made in cornwall. If i make it where I live I must just call it a pasty
Gavin, I used to work in an IP firm. Going after individuals in youtube videos means either a really slow day in the office, trying to drum up billable hours, or it means a deteriorating relationship with the client, generally with a 'what do I actually pay you idiots for??!" meeting followed by associates scurrying to Do Things.
Legally speaking (disclaimer, I'm not familiar with any of the specific laws) they're on fairly thin ice about the DOC because of your disclaimer. However taking down the video is probably the right call because companies and law firms tend to win youtube disputes with individuals. The trademark claim sounds like bullshit. No one is going to confuse your cheese, made in Australia, with that made in Italy... there's also the slight issue that your cheese isn't available for sale, so where are the actual damages?
I'd love to see you edit your Grana Padano video and place it back up. My suggestion to get around absurd DOC claims is to translate the name into English. From wikipedia: The name comes from the Italian word grana, a reference to the characteristically grainy texture, and the demonym padano, meaning "from Val Padana" (the Po valley). Thus your cheese could be Weber's Grainy Po Valley Hard Cheese. It would be extra funny if you worked Australian slang into the names...
Gavin, as you said in the vid, it's a Grana Padano "style" cheese and you stated it's not the real deal. Keep the video up. They don't have a leg to stand on. That cheese recipie is yours, thought by you, made by you. It's your intellectual property. All that bumph about counterfit cheese is just their way of saying they don't have a leg to stand on but they are not happy. Stand your ground good fella. There's nothing they can do about it!
Also if it was that serious, the consortium would have went straight to youtube to get the vid taken down. Fiver says they did and youtube said get stuffed ;)
It is your version of the cheese no copyright infringement here. They need to get over themselves.
You can't copyright cheese. The only thing he isn't allowed is to sell it using their trademark, which he isn' t doing.
I think you've done a really good job and you've been very kind to them especially with your intro I think you did a very good job and I think it's ridiculous what they're doing but thank you for being so kind to them
Who here would never have known about Grana Padano if it weren't for this channel? They should be supporting Gavin for getting people excited about cheese
As an Italian who wants the italian PDOs protected, I still find this C&D letter excessive if not completely out of merit. I'm sorry that this happened to you. I can see the anger in your eyes. I also don't blame you that you want to comply, as it is not worth getting in trouble for just a video.
Exactly. He's not selling anything. They are just scared that a few nobodies will try to make their cheese that they wouldn't be able to afford anyways...for personal use.
Now I'm really going to make it, I got a downloaded copy of this hehe.
Me, from a dark alley, after watching Gavin teach us how to make "COUNTERFEIT REPLICAS":
-"Psst! Can I interest you in some fine PDO cheese?"
You should call it "formai grana", which is a generic term in Lombard language for "hard cheese" :)
You and your whole community have turned me into a new fangirl! Lovin' it!💖
Perfect chance to come up with some aussie regional names. Love your work Gav.
I have the original video now. Message me if you guys want free access. Information like this cannot be hidden once it's online. I will personally produce my own grana padano now since I never seemed to have gotten the correct recepie before this. Where I am in Portugal has some of the best grassfed milk in the world(i've tried Italy's milk as well, ours was better) so my Grana Padano will hopefully taste better than the Italian one. Stuff like this shouldn't be hidden, share it
Hey, any info how to contact You?
I'd like to see the video too, please. :)