My video has been reinstated! Thank you so much to everyone who reached out to help make this happen!! Thank you, Green Stuff World, for retracting the copyright claim as requested and giving me a public apology.
I'm really glad to see that this was corrected. Out of control judiciary, specifically in my home U.S. creates these problems. When someone doesn't actively protect their intellectual property or copyright, it is looked at legally as abandonment of that IP or copyright. So, a company is almost required to shoot first and ask questions later. This doesn't excuse GSW, it's just the unfortunate consequences of of the legal culture. We all work for lawyers, unfortunately.
@@jacobstacey6911 No, not quite how copyright works, that is more like trademark... But trademarks aren't an instant take down process. I'll agree there are some major problems with the way the laws are written for copyright, but misinformation does not help.
@@jacobstacey6911 no, USA has no concept of abandoned copyright. It is trademark that can be seen as abandoned when challenged you don't use it for commerce. Patents, just pay your fees and defend it when it comes to you.
Aloha Sword N Steele... This was an unfortunate legal mishap you got yourself into... And I hate to say it but Vallejo seems partially to blame by labeling their products without checking copyrights first in the area where the paints would be sold. But I think you could turn this into something positive. I suggest you reach out to VALLEJO paints, Tell them all about this situation and the videos... And see if they might take any amount of responsibility and send you free products for review or personal use, as a sort of apology for their screw up with the labels. (at the very least, they could replace all your "shifty" paints to ones with the new labels so you can use the pots in your videos without copyright infringement) Sure VALLEJO didn't take down your video or report it... but I don't think for a second that would stop them from stepping up to the plate and being the bigger company by going further to rectify the situation and mitigate the inconveniences you have experienced (Especially in the public eye of all your viewers and their own customers!). I honestly think this is something Vallejo wants to do, but they just don't realize they want to do it yet. Would love to hear if it works out for you. Best of luck!
@@taiyoctopus2958 1) it is not a copyright, 2) if there is a trademark issue, then the only liability is the one infringing by trading on the mark, that would be Vallejo if there is a valid mark. There is no liability here for the reviewer. Green Stuff World has acted illegally abusing 2 laws and committing perjury to do it.
Unfortunately, trademarks are also covered, if the video is deemed to show a trademark in a way that is, "...likely to cause confusion...". Still, Green Stuff World just earned a lifetime boycott from me.
But harm has been done. Look at her eyebrows, the stress on her forehead. I think she needs compensation. Its a lot of stress and concern for no good reason. Reminds me of some the stuff Monster Cable did attacking anyone that used the term Monster in a way they did not like. Very heavy handed nasty behavior that leaves a bitter taste for years. They say oops, sorry. Not buying it.
@@jameswilson5087 DMCA takedowns are not for trademark infringement. You can't really claim trademark infringement on a fair use and third party review of a product that itself may be trademark infringing. The reviewer isn't infringing on their trademark, the product creator did.
This was handled incredibly poorly by GSW. I will no longer use or promote their products unless they remove the strike and make a public admission of error on how this was handled. I am sorry you are having to deal with this.
It seemed the way they kept asking if she planned on reviewing their products that if she would have said no they wouldn't have agreed to remove the strike.
"Colorshift" (with regards to paint) has been a term used by the aftermarket automotive industry for decades. That term is so broad that it should have never been allowed to be registered to a sole company.
You are totally correct the automotive paint companies have had this in the market far longer the GSW has been around so maybe they are breaking someone's copyright from the 50's
I did a copyright search on colorshift. It is not registered to GreenStuff World. It was registered to a private person in 2017 in relation to sound recordings. So, GreenStuff World is apparently in violation also.
Copyright or Trademark? There's a difference and it's disgusting TH-cam doesn't recognize the difference instead of just bowing down to unreasonable take-down requests. You can't copyright a name. You can trademark it!
You can’t copyright a word or short phrase. You can only trademark them in relation to an actual product you’re selling, and that trademark will only apply to similar products that might cause confusion in the marketplace. So one company can have a trademark for “Ford Cars”, and another can have a trademark for “Ford Paints” at the same time without either being able to sue the other for infringement. Because they sell in completely different markets. Whereas when Apple Computer got into the music selling business, they got sued by Apple Records (owned by Paul McCartney) because a case could be made that customers would confuse one company for the other. Which is the only reason that trademark law exists. To prevent fraud through one company pretending to be another.
BTW, Games Workshop learned the difference between copyright and trademarks the hard way when another company started selling models for a creature in one of GW’s army books. The creature’s name could not be copyrighted, the other company was not pretending to be GW, and because GW had not actually made and sold a model for the creature, it was it was not protectable under trademark law either. So when GW did finally release a model for that creature, they had to invent a new name for it to avoid violating the other company’s trademark.
@@keithgoreham1463 neither is colour shift paint, youve been able to buy it from rustoleum for years as a spray paint. their whole trademark? is an infringement on rustoleums product and its been a general use term for what is also known as "flip" paint , its been in the automotive market since the 90s and commonly referred to as "color shift, colour shift, color shifting, flip tone, flip paint" by sellers since then. the whole idea of trademarking the name? is a crock of shit, and rustoleum have precedence if anyone does have a trademark right over the name.
This was a scam to get her to email them. Now they have access to her account via email. If they emailed her, and she didn't reply than they wouldn't have access to her. There are a lot of scammers out there making claims on videos or whatever for any reason just to gain access. I would take that email conversation and report it back to google as a phishing scam. Let them investigate it.
Thankfully they removed the claim :) They gave a public apology as well, which I posted a picture of in my community tab. Sorry for the delay in responding, it's been hectic! Thank you for your support :) I love your videos!! Subscribe or die! ;)
@@swordnsteele712 Even so, they no longer have my business, there are many other places i can spend money and support. This could have ruined your channel, and they stepped over the line. But i am glad to hear they removed the strike. They had a chance to help the hobby instead they criminalized you.
This strike is illegally abusing the DMCA takedown system. They can trademark a name of a product, but cannot prohibit people from saying or publishing it when describing their product. They can also not prohibit you from showing a product you purchased in your video, as long as you are not making claims to ownership of the brand. This all falls 100% within fair use, and even outside fair use stating the product name in your video title or description does not violate any copyright or trademark law. The only thing their trademark prohibits and prevents legally is creating another product and marketing it under the same name. They have no idea what they're saying, and are completely wrong. TH-cam needs to ban the accounts reporting these violations and probably take legal action if they keep it up. This sort of shit is completely illegal, and completely unacceptable.
TH-cam doesn't work that way, the law has nothing to with it. TH-cam just takes a scorched earth approach to any compliant filed. At some point, you will look around and TH-cam will be only a shadow of what it once was, this kind of business model does not work in the long run.
I'm wondering why there is no service that take the TH-cam model but better, is it that if a credible competitor appeared they would destroy or buy it before it grows ?
Yes my friends, a litigation society already stricken through the abuse of the Democratic system, having acquired a pseudo platform of even greater potential, now behaves as if the burning of books last century didn't happen and that the pencil and pen were invented for the first time only yesteryear! Very scary! High time that the very Legal fraternity and it's institutions called upon, "created" a necessary and appropriate "Legal Advocacy platform" to better safe guard and maintain a level of clarity for all concerned. Lack lustre government enabled by the self serving ambitious illiterate aggressive, feudal factional Politicians will otherwise have once more placed the people's "Freedom" on a fast track to "Tyranny". Further complicated given the number of remaining internal,long standing unresolved "Social Justice" crisis suffered by the people are yet to be "Liberated" from the evils of injustice, especially suffered by the "so called" , minority groups. In fact "TH-cam" whom now have already become the "Global Conglomerate Corporate" scale body with prosperous ambitions, should themselves be held accountable having failed to orchestrate said mechanism. Should "TH-cam" offer said safe guard does not however negate the need for an "Independent" legal advocate consultancy representative body. Protect the "Creative" freedom of the people. Defend the Artistic guild's and their Academic institutions licence. Please. P. S, Help! I'm an Australian
Same here. I had this idea to paint an army of bugs with colorshift paint, then I found out Greenstuffworld have it as miniature paint. Now I learn Vallejo have a range? Okay, I am sold. I don't know if theirs is better. But at least Vallejo is not GSW. I can also replace green stuff with other shit. Hell, I already did so in a way. (I replaced Brown Stuff with GS and an industrial grade putty as a mixture: cheap brown stuff. Heck, cheaper than simple GS.)
The same thing would happen on any other new site that would have grown a lot in success. What you need is new laws and common sense, not necessarily a new youtube.
@@EugeniaLoli not really,its big corporate sites that have a problem. not the concept of open video sharing platform. and the laws don't matter to sites ultimately,as they can bypass the current laws and call them something else other than a freedom of speech expression or whatever difference is youtube using to skirt regulations.
@@EugeniaLoli I disagree. We need a new youtube, because we will never see reform unless there is competition. TH-cam is notorious for this behavior. GSW is also to blame with their ridiculous behaviour. If they valued this creator they only needed to send an email expalining the situation, but instead they went straight to punitive measures. TH-cam fully supported this move. But TH-cam does this to hundreds of creators, all the time, that produce good, educational and enriching content, most recent case that comes to mind is Auspol, an educational channel that explained how the Australian parliamentary system worked. TH-cam, and no one else, without warning, shut down this channel and has yet to give an explanation. This was some months ago. TH-cam is out of control. This is just the tip of the iceberg with TH-cam. If we had another video sharing site that had the same accessibility, we would not be in this mess. TH-cam is also owned by Google.
This incident has brought other, past GSW actions to light, and they don't look very good, either. Stealing others' inventions, marketing them, then legally forcing the creator to stop selling the item...( tinyurl.com/rzj8aws ) and abusing other companies' IP to advertise their own products (which makes this episode reek of hypocrisy).
I am in the same boat, I bought mystic and burning gold colour shift paints from gsw when they were released and it will be my last purchase, I don't want to support a company that operated like this to knee jerk a ham fisted attempt to protect their ip.
@@cwj138 I would understand if there had been some previous communication and polite requests of "Could you please rename your video? Also, we'd also love to send you some of our paints for you to review." But really they just took it out on someone who didn't know. These are their customers and supporters why attack them, it didn't make sense. And at no point were you doing anything malicious towards their company. Really it was a poor decision, and yes, an apology letter was issued. But really the issue could have been handled in a lot better manner. I enjoy your content, (oddly enough it was this whole situation that led me to your page from Crabbok's page) so thanks for the posts you do and I hope you keep up the good work. :)
oh, I informed them. The potential losses from the free advertising they have stifled because nobody will show their product on camera for fear of repercussions. Its not hard math to figure out the damages this would have caused verses the value of the trademark. One drastically outweighs the other. Whoever the CEO is got advice from their mom on how to run shit. Turns out she was wrong. Or they have a few bad eggs working there who need to be fired IMMEDIATELY.
They are talking about "trademark" infringement not copyright infringement and trademarks only apply if your were *selling* a paint with the same name as theirs.... they are idiots
The audacity in asking you if you wanted to review their products at the end of it really sealed the deal. I had never heard of Green Stuff World before this, and this makes one heck of an introduction to them.
same here, i had never heard of them, and i was already going to avoid them after the strike. Which was an egregious use of the system as it was, but using it to try and get positive publicity from a creator they actively harmed is lunacy. Ther issue was with vallejo.
Indeed. That's a bribe. "Hey, we had TH-cam take down your video, but we don't want you to smear our name, so what about we send you some free stuff to review to keep you happy about our company?" At that point I'd have said "Noooo thank you." Seriously. How is she to blame for an infringement by Vallejo? What a d*ck move. And copyrighting a word like "Chameleon"? Really? *rolls eyes* Never heard of GSW, will never buy their product either. Way to go GSW.
The copyright system is far overused and abused. Also TH-cam looks for any excuse to demonetize creator's content. As a military, Sci-Fi modeler myself who's considered creating my own content to display my projects as well as teach others, I've decided that TH-cam isn't worthy of my time or hard work needed to create content. Your case is one of the reasons why, as well as other content creators I know. Keep up the good work you do!
*POF* -and GSW went full Disney. Ouch, better give the lawyers chill-pills before giving them full reign on dealing with customer-'support'. This can only hurt a company.
@@koultunami9013 Well, clearly they pay *some* attention to TH-cam. They actually had a couple of items I was looking to purchase, but they're a non-essential supplier. The Colorshift strike is ridiculous, but trademarking Chameleon? Give me a break.
I’m never buying from them. Companies that do this crap don’t deserve anyone’s business. Especially when they try and capitalize on things that are already around like color shift and chameleon.
Yeah this is weird. I wonder if GreenStuffWorld have only Trade Marked "Colorshift' for Spain but not worldwide. Both Vallejo and GreenStuffWorld are Spanish companies.
Fire an email off to House of Colors and let them know. Depending on where they are located their seniority of ownership may give them first kick at the cat in copyright terms.
@jim the curmudgeon Prior use is at play because it affects the distinctive character which is required for trademarks - e.g., consider if the words have a long history of being used as a generic term to refer to a type of paint. Also in some locations a company can have an unregistered trademark, established through use, that takes precedence over other companies' later attempts to officially register the same mark.
Also more eyeshadow companies than I can count. They might make more money suing them than hassling Small TH-camrs, you know if they actually had a case.
Chameleon paint is a trademark of PPG, good luck gsw fighting them, they already have 100s of rulings in their favor. Color shift paint was offered as an alternative in the proceedings to sherman William's who was sued by PPG. It was one of our case law examples in my pre law classes in my undergrad studies at Georgetown. They settled in arbitration for 30 million in damages and were offered limited license for use in europe. So no, gsw does not own the name color shift, Sherwin William's does. I have a friend on their legal Team and he will be informed about GSW claiming their intellect property. Sherwin Williams has a huge legal team in house. Good luck gsw, I'm guessing they will be leaving the hobby soon.
@@PhuVet I hope this young lady ,who appears to be much affected by youtubes ruling here, reads this and gets good sound legal advice on how to get her money reinstated. You tube and the others are far to fond of trampling on the rights of the individual as we see in their constant attacks on those who do not wish to live under a global caliphate. o
What I find amusing about this whole concept is that I didn't even know Green Stuff World (who I have bought from) had their own paint ranges but I would have found them if I'd searched for what is now their product name. The video they had taken done could have accidentally led me to their product and, as a previously satisfied customer, I might have considered trying their version instead upon finding it. Not likely to now though.
Go fire off an email to Vallejo and tell them about this and ask if you can have replacement paints with the correct legal names. If they're smart they'll send some out.
If he was really smart he would sponsor her so she gives an add at the beginning of each of her videos that states the reson she needs a sponser is because GSW got her channel demonized. 🤔
I doubt Green Stuff World's claim is even legitimate, you can find the term Colorshift and color shifting paints in use for other paint products before Green Stuff World started selling their paints. Rustoleum had a Colorshift spray paint 8 years ago. They're just trying to bully people to give themselves legitimacy.
Same here. I do paint randomly figures and watch also randomly few persons painting. Count me in, hitting subscribe button... Hobby killing itself from inside due this kind of nonsense. Where that (tm) is registered? At least USA and my home country (Finland) doesn't seem to know anything about it...
How the hell can the term 'Colourshift' be copyrighted. My father who was a master printer specialised in lithographic printing. I remember as a kid he would talk about colourshifts and adjustments in colour, eyeing out colour. This is absolute nonsense.
The term itself isn't. It is only when used in the context of a product name. If they tried to apply copyright to the word itself when used in any context then it would not stand in court in America.
@@r603burakkusuta2 they would be in a battle with rustoleum over the name too. i have several tins of colorshift rustoleum paint from years ago, way back before you geeks started using it , i would put it on cars.
GSW put an Instagram post up showing how you could make a replica of an FFG airspeeder using their products (recasting). So that makes this overreaction even more galling.
They also named their entire company after the trademarked name of a famous product from a competitor, most likely to attract more business to themselves through use of said famous competitor's product.
@Lord Inquisitor Shadowlord They didn't just name it Majin pink, they posted a Twitter ad WITH MAJIN BOO holding their bottle of that color. Straight up used the image of Majin Boo to promote their product without permission. It was only removed either late last night or this morning, since it was still up before I went to sleep last night. You can see copies of the ad posted in their Facebook post of the apology letter to the public.
@Lord Inquisitor Shadowlord I understand that. Majin means "evil spirit" or "bad luck deity" in Japanese, so they could have gotten away with calling something Majin Pink without technically violating any IPs. Only if they'd called it Majin Buu Pink or the like would it have been crossing the line. However, instead, they chose to put THIS advertisement on Twitter for that exact paint product: facebook.com/photo.php?fbid=2248667538765736&set=p.2248667538765736&type=3&theater Which means, they quite literally explicitly and intentionally violated a major entertainment IP without permission in one of their own advertisements, to profit off someone else's creation. They still had it up until people on that Facebook thread pointed out the mind-boggling hypocrisy (and flat out litigious violation of another company's IP without their permission; like, that sort of ad can cause them a VERY costly lawsuit). So, this isn't one company using a common industry term for a product, that some company trademarked to try and prevent other companies from using said COMMON TERM IN THEIR INDUSTRY on their products. This is flat out stealing someone else's intellectual property to generate money for your own product that you named after something in that IP. So yeah. They have no stance whatsoever legally for Sword 'n' Steele, who did exactly nothing wrong in any way, shape, or form. They might technically have a stance against Vallejo and any other paint company in Spain to enforce a maliciously filed and sleazy trademark, but that's it. For something they didn't even remotely come close to inventing, and a term they were not even close to close to the first to use. This has been the term for these kinds of paints for decades. But their hypocrisy is just vile, in my opinion. They named their company after someone else's famous product, and used a major IP without permission in an advertisement to generate income.
You’re a sweetheart. I’ve never watched any of your videos. I’m not sure why you showed up on my feed but I’ve watched three of your videos, now. I’m an artist so censorship is a touchy subject for me. One of my paintings was censored years ago. It doesn’t feel good especially when you didn’t do anything wrong. I’m now going to look at more of your videos. Only because I really like you and how you handled this situation.💕
See ya, GSW. Enjoy the bad publicity. Also, funnily enough, I'm holding a bottle of FolkArt(tm) Color Shift (tm) paint. And the label is copyright 2016. Soooooooo...
There are "fair use" laws to prevent this kind of behavior. Legitimate product reviews are protected, otherwise every negative review of every product would be subject to removal.
It wasn't the review that caused the issue. It was that she had the original box from Acrylicos Vallejo that said colorshift on it. Vallejo made an announcement a couple weeks ago but I believe it was just to retail and distribution partners. There is no way she could have known this. GSW should have contacted her directly and not given a copyright strike on the channel. It was bad form on GSW part.
@Daniel Stone How exactly was it illegal? GSW didn't take down the video because they didin't like the review, they took down ALL videos becasue a competitor used a registered term illegaly for their products.
Just because a product is discontinued doesn't mean you cant review it or still purchase it. Vallejo Colorshift is a different product than GSW Colorshift.
This video now comes up widely in the Recommended Videos list and will get a lot of views. It could end up being your most watched video. Oh, err, umm, IT ALREADY IS.
Florence Gomer yeah, it just came up in mine and I had to watch it just to see what it was all about. Glad it did, this sort stuff bugs me with TH-cam.
Didn't even know they existed, but after this, it's a no from me. Striking her, then having the nerve to ask her if she wanted to review their products...that pretty ballsy, if you ask me.
Do you know how many manufacturers use the terms “color shift” and “ chameleon”. They both have been around since the early 90’s. What a joke. Hope you get your videos back up !
GSW should fire whoever from their Legal Department thought that mentioning a brand name in a review is valid for a strike under DMCA. Assuming all the footage, audio and visual is your own, and you don't try to claim that the products reviewed belongs to you, Fair Use prevents this sort of strike. (Obviously there can be fringe cases where this doesn't cover.) This is why food reviews, miniature models and even movie/album reviews are 100% legal. Even the packaging doesn't warrant a strike. I wonder what kind of nonsense they used to push this by TH-cam. Never shopped from them, never will.
That’s stupid, colorshift or chameleon has been an industry term for over 30 years. Their legal team is loosing them customers. Why would I support a company whose main products are rebranded epoxy and would have videos taken down. Sorry this happened to you.
Gah! I'm sorry that you had a rough day, Naomi. Tomorrow will be better! Re: GSW... Not emailing you prior to a copyright strike is NOT cool- especially since you clearly had no idea that there were any toes to step on. You were literally just reading off of your box. In other news, I'm making brick/cobblestone bases for a really big video tomorrow and I was considering using a GSW texture roller... I mean, I had pretty much already decided against it because the striation imprints that they leave are really awful... but still... I think I'll sculpt the bases by hand tomorrow. Happy New Year!
I'm trying to recall the name of that little sea creature ( not octopus ) that color shifts it's skin, and also appears to change surface texture. Does anyone recall? Octopus colorshift as well. The auto industry has had colorshift paints for many years now.
This is a classic misunderstanding of copyrights and trademarks. They could only have a "trademark" which is abundantly different. So different that they fail to have the legal authority that TH-cam evidently has awarded GSW. For instance, anyone can use the word "Microsoft" or "Windows" in literature, pictures, videos, et cetera; Except as a company or product that would confuse consumers as to think they were the real Microsoft. Also a single misspelled or fictional word falls short of being copyrighted, think do I. It is impossible to copyright a single word, the minimum is three words. Trademarks are the same which is why companies misspell words if they want to trademark, or use three words as, their name. However, TH-cam is notorious for having an abysmal "Copyright Strike" system. For instance, there are loads of scammers that hack TH-cam's system to cheat money from content creators. YT also seem slow to respond and reluctant to admit mistakes.
That's an awful situation, I'm sorry that your video got removed! Hope this doesn't get you down too much, this is a great channel and you're a credit to the hobby!
Wow, I was in fact searching for this colorshift chameleon paint when I ran across this. Well... that changes my mind, I will NOT be buying this paint or ANYTHING from GSW! I refuse to support pricks like that!
Hello Naomi. I noticed that you have the same problem with your glasses as I had a few months ago. The glasses kept sliding of my nose and eventually people in the office got nuts from me pushing them back up. So I went to the shop where I bought them and they narrowed the space between the two rubber nose clips and also made the glasses hold better to the side of my head by heating the plastic branches and remodel them to a tighter fit. All for free as I was a customer. I have to push up my glasses only a few times instead of frequently. They feel more comfortable and my colleagues as my clients noticed and appreciated it. Just a tip. Greetings from Belgium 🇧🇪
Yeah, what horseshit, color shift paint has been around in the auto industry long before greenstuff 'registered' the phrase. Just look up DYC paint. I wont be buying any of there products ever.
Even in the acrylic paint world "CS" paint had been around for more then a decade. Folkart and the like have had them since at least 2007. I believe the old bottle I found a while back in the garage even said "CS" on it
It's kinda like saying you have the copyright to the word "wash". GS obviously is not a company that supports the arts. I hope these scum bags loose all there business. Has anyone confirmed that they actually have a copyright at all here?
Thank you for this content so that we can understand the challenges on Copyright claims and how this can affects you. The positive way and care you took care of the issue does you credit as a producer, content provider and a great hearted person. JI want to end on... you are awesome! Please have a fantastic holiday! Keep warm and safe.
Thought this was going to be a "YT screw over a CC again" but no this is plainly misuse of the reporting system. No company can come after you for reviewing another company's product even if that product is breaking some law (I'm very unsure if copyright infringement is even possible for a term like that name since so many other paint products use it). It is only ever the fault of the company who broke the law, not their customers. This is insanely bizarre behaviour.
It's not possible for copyright infringement to have taken place, it would be a matter of trademark infringement if anything, and that's the real problem since it was a "copyright strike" misused to cover an alleged trademark issue.
Pretty sure GSW will lose more income from the bad publicity caused by how they handled this situation than they would have from you using "their" word for a competitors product xD
Sounds like you ended up as colatoral damage between 2 brands having a slap fight. You should email Val and tell them about it, and offer to review their new rebranded paint. That'd be some poetic justice.
Good idea. Use market forces against them. Although they did issue a public apology, and if that is backed by an actual policy change then it wouldn't be necessary.
This was the video that started my journey into the wonderful world of Sword 'n' Steele. Feels like it was longer than 9 months ago. But honestly, I have to say thanks Vallejo because if this wouldn't have happened I probably would not have known about this great channel with all of their wonderful product reviews. Not saying I'm glad that it happen but I'm glad that it gave you the publicity and strong support from the hobby community.
I don't know how this channel ended up in my recommends. But, *THOSE MINIATURES ARE FREAKING AWESOME* given this vid is somewhat about paint, I imagine that they display your talents. Gonna have to snoop around now. Respects and congrats on the reinstatement.
That's completely ridiculous! You're doing them a huge favor by reviewing their products. Don't let it phase you, it'll get sorted. I think a censored video would be hilarious :) black bands over the name and bleep out the words chameleon and color shift haha!
@@Mananarepublic Well at least they apologized and straightened it out with TH-cam - and fast. I'm glad everything worked out in the end. Hopefully Naomi is happy with the outcome!
In the email she showed, the "legal department" seemed to conflate trademark infringement with copyright infringement. Trademark and copyright are separate legal issues. Isn't YT's *copyright strike* system for *copyright rather than trademark* (the C in DMCA is for copyright, not trademark)? If so, they are *abusing that system* if they're using it for "trademark strikes" (which are not a thing on YT -- so far as I know). In any case, she was a consumer who purchased a product to review; if they're concerned about protecting a trademark they have, maybe they should go after the company who made the product with the infringing use of a trademark on its packaging, rather than harass a random consumer.
@@robertjenkins6132 Exactly! I don't understand how they thought registering a copyright infringement notice with TH-cam was the correct thing to do for a review of a product; she isn't infringing on anyone's copyright. It also doesn't seem like it can even be trademark infringement because she isn't selling the product.
@@robertjenkins6132 I also want to know how GSW can sell "Metal Color" paints when it seems Vallejo has been selling metallic paints under the name "Metal Color" for awhile now.
@@robertjenkins6132 This was my problem with it too. As soon as I saw that they claimed their "legal department" told them it was a copyright issue, I knew they were (at best) stretching the truth. They abused TH-cam's copyright protection features for a trademark dispute and targeted an unrelated third-party to do so. They done f#$%ed up.
Jeez this video was a herald to how 2020 was going to go lol Love the "happy new year 2020" from them :,D Recently Discovered your channel Naomi, fantastic content! Keep up the amazing work!
I am sorry this has happened to you. I am not a fan or follower of your channel but the video was recommended to me in my inbox. It has hit home with me due to the fact something similar has happened years ago with me. I am glad you where able to talk with them and offered suggestions. It is truly saddening and gut wrenching to have something you worked hard on taken away from you or deleted. But I'm glad it wasn't as severe as my case and you are able to recover from this. I am so happy to see your supporters and friends stand with you and up for you. I hope you are having a better day and a relaxing craft day. Sincerely ZeroTheHero
What goes around comes around, hopefully Games Workshop sues the living daylight out of them for even speaking the word "Green Stuff" now that they've made themselves visible.
So wait... the video didn't just get deleted? Your channel also got a strike! That's some crap. At least GSW said they would email TH-cam. I can see this has you pretty shaken. I'm so sorry this happened Naomi! I hope it all works out.
I run a hobby page on Facebook and a mini painting group with 11k members. I will no longer feature items from them or allow posts about their products. If they want to sell their products they will not have any assistance from me.
how can they own "colourshift" does that mean all the car painting shops and custom paint jobs now owe GSW money? lmfao, bless you glad they replied quick though
I'm confused about this as well, as far as I'm aware Colorshift is a paint term, not something that should be copyright. From my understanding, which is admittedly limited, that would be like Ford copyrighting the term SUV and then suing anyone who made a SUV unless they called it something else.
I'm really impressed with the way you've handled that sort of nonsense. It shouldn't be *your* legal problem when they've got a grudge with Vallejo. The product you've bought is yours and that's literally "what the box reads". The mention of "Chameleon" was just the icing on the cake, this has been commonly used by say manicure pigments for years now. On a side note, I wonder how many of your viewers are in just for the ASMR quality of your voice, ha!
Wow that was one of the best color shift reviews where I could see the difference. Not sure how they can copyright that or camelion . GW can't copyright space marine.
I am sorry to hear that something this aggressive was taken out on your channel, I think Green Stuff World need to take a hard look at them selves as a business and think before they act.
Sorry this happened to you. You seem like a very genuine sweet person. This looks like the actions of a jealous child. Checked with my family member who is a paralegal......looks like a bogus claim.
Between this and COPPA, the conspiracy theorist in me says that TH-cam is creating easier ways to demonetize content creators by punishing them for poorly defined restrictions and requirements
Of course it won't affect YouTub continuing to collect the advertising dollars - they're just not going to have to give any of it to their content providers any longer. You're not paranoid if "They" really ARE out to get you. In YouTub's case, they have been for years.
This is Unbelievable. You were giving them FREE advertisement And they have Rejected it. I will NEVER purchase Greenstuffworld Products EVER. I love to watch this Channel. Keep Pushing Naomi!!!!!!! You'e AWESOME!!!!!!
Like myself. I believe you just got found and subbed by a few who were previously unaware of you. Glad that the community is getting behind you. Keep colour shifting. ;)
Jacquard, folk art, MC-07, and Createx all have color shift paints in their brands and use the term on their products. I think that they took the space out and made it one word is how they managed to get away with it, but only in written format. The term itself, which is two words, belongs in the public forum. You can still use it just don't forget the space.😎
I wrote to the company and received this response a few minutes ago. Dear friend Rory, first of all, happy 2020, we wish you luck and prosperity for your future. The incident with Naomi was resolved a few hours after the mistake was made. The company presented its formal apology and she accepted it without any problems. The person who made the mistake has had serious occupational consequences. Since then, we only seek to restore calm and tranquility in the hobby, at this time when the world has much more serious problems that affect us all. We would like to apologize to you as well, if at any time you felt affected by such an incident. Thank you very much.
I just found your channel. "Their legal department"? LOL. .. PS: I'm now subscribed to you. PPS: Green Stuff World is now on my "never buy" list. And over the seven or eight months or so I've spent a good $2k or more on paints/supplies. Their loss I guess.
"Colorshift" may be protected under intellectual property rights, but it would be protected under a "trademark" not "copyright" which are both very different.
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My video has been reinstated! Thank you so much to everyone who reached out to help make this happen!! Thank you, Green Stuff World, for retracting the copyright claim as requested and giving me a public apology.
I'm really glad to see that this was corrected. Out of control judiciary, specifically in my home U.S. creates these problems. When someone doesn't actively protect their intellectual property or copyright, it is looked at legally as abandonment of that IP or copyright. So, a company is almost required to shoot first and ask questions later. This doesn't excuse GSW, it's just the unfortunate consequences of of the legal culture. We all work for lawyers, unfortunately.
@@jacobstacey6911 No, not quite how copyright works, that is more like trademark... But trademarks aren't an instant take down process. I'll agree there are some major problems with the way the laws are written for copyright, but misinformation does not help.
@@jacobstacey6911 no, USA has no concept of abandoned copyright. It is trademark that can be seen as abandoned when challenged you don't use it for commerce. Patents, just pay your fees and defend it when it comes to you.
Aloha Sword N Steele... This was an unfortunate legal mishap you got yourself into... And I hate to say it but Vallejo seems partially to blame by labeling their products without checking copyrights first in the area where the paints would be sold.
But I think you could turn this into something positive.
I suggest you reach out to VALLEJO paints, Tell them all about this situation and the videos... And see if they might take any amount of responsibility and send you free products for review or personal use, as a sort of apology for their screw up with the labels. (at the very least, they could replace all your "shifty" paints to ones with the new labels so you can use the pots in your videos without copyright infringement)
Sure VALLEJO didn't take down your video or report it... but I don't think for a second that would stop them from stepping up to the plate and being the bigger company by going further to rectify the situation and mitigate the inconveniences you have experienced (Especially in the public eye of all your viewers and their own customers!).
I honestly think this is something Vallejo wants to do, but they just don't realize they want to do it yet. Would love to hear if it works out for you.
Best of luck!
@@taiyoctopus2958 1) it is not a copyright, 2) if there is a trademark issue, then the only liability is the one infringing by trading on the mark, that would be Vallejo if there is a valid mark. There is no liability here for the reviewer. Green Stuff World has acted illegally abusing 2 laws and committing perjury to do it.
This was a fraudulent claim. Trademark is NOT copyright.
Unfortunately, trademarks are also covered, if the video is deemed to show a trademark in a way that is, "...likely to cause confusion...".
Still, Green Stuff World just earned a lifetime boycott from me.
@@jameswilson5087 Green Stuff should not have filed the claim but he did retract it and issued an apology. My opinion has gone from bad to neutral.
But harm has been done. Look at her eyebrows, the stress on her forehead. I think she needs compensation. Its a lot of stress and concern for no good reason. Reminds me of some the stuff Monster Cable did attacking anyone that used the term Monster in a way they did not like. Very heavy handed nasty behavior that leaves a bitter taste for years. They say oops, sorry. Not buying it.
@@jameswilson5087 DMCA takedowns are not for trademark infringement. You can't really claim trademark infringement on a fair use and third party review of a product that itself may be trademark infringing. The reviewer isn't infringing on their trademark, the product creator did.
@@jameswilson5087 That is outright false.
The DCMA claims process is, under US law, only for copyright claims.
This was handled incredibly poorly by GSW. I will no longer use or promote their products unless they remove the strike and make a public admission of error on how this was handled.
I am sorry you are having to deal with this.
BMC always doing the right thing :)
So strange that I'm seeing defence for GSW just because they said they'd take the strike off. Their responses were a bunch of nonsense
they deserve a one year boycott if they do reverse this. if not, permanent.
fun off strike is also still in place. They have yet to successfully get it removed.
It seemed the way they kept asking if she planned on reviewing their products that if she would have said no they wouldn't have agreed to remove the strike.
"Colorshift" (with regards to paint) has been a term used by the aftermarket automotive industry for decades. That term is so broad that it should have never been allowed to be registered to a sole company.
You are totally correct the automotive paint companies have had this in the market far longer the GSW has been around so maybe they are breaking someone's copyright from the 50's
I did a copyright search on colorshift. It is not registered to GreenStuff World. It was registered to a private person in 2017 in relation to sound recordings. So, GreenStuff World is apparently in violation also.
Copyright or Trademark? There's a difference and it's disgusting TH-cam doesn't recognize the difference instead of just bowing down to unreasonable take-down requests. You can't copyright a name. You can trademark it!
You can’t copyright a word or short phrase. You can only trademark them in relation to an actual product you’re selling, and that trademark will only apply to similar products that might cause confusion in the marketplace. So one company can have a trademark for “Ford Cars”, and another can have a trademark for “Ford Paints” at the same time without either being able to sue the other for infringement. Because they sell in completely different markets. Whereas when Apple Computer got into the music selling business, they got sued by Apple Records (owned by Paul McCartney) because a case could be made that customers would confuse one company for the other. Which is the only reason that trademark law exists. To prevent fraud through one company pretending to be another.
BTW, Games Workshop learned the difference between copyright and trademarks the hard way when another company started selling models for a creature in one of GW’s army books. The creature’s name could not be copyrighted, the other company was not pretending to be GW, and because GW had not actually made and sold a model for the creature, it was it was not protectable under trademark law either. So when GW did finally release a model for that creature, they had to invent a new name for it to avoid violating the other company’s trademark.
@@keithgoreham1463 neither is colour shift paint, youve been able to buy it from rustoleum for years as a spray paint.
their whole trademark? is an infringement on rustoleums product and its been a general use term for what is also known as "flip" paint , its been in the automotive market since the 90s and commonly referred to as "color shift, colour shift, color shifting, flip tone, flip paint" by sellers since then.
the whole idea of trademarking the name?
is a crock of shit, and rustoleum have precedence if anyone does have a trademark right over the name.
This was a scam to get her to email them. Now they have access to her account via email. If they emailed her, and she didn't reply than they wouldn't have access to her. There are a lot of scammers out there making claims on videos or whatever for any reason just to gain access. I would take that email conversation and report it back to google as a phishing scam. Let them investigate it.
Let us know if they remove the claim.
Thankfully they removed the claim :) They gave a public apology as well, which I posted a picture of in my community tab.
Sorry for the delay in responding, it's been hectic! Thank you for your support :) I love your videos!!
Subscribe or die! ;)
Try to get hold of @LawfulMasses... This would be an interesting one for Leonard to break-down 🙂
@@swordnsteele712 Even so, they no longer have my business, there are many other places i can spend money and support. This could have ruined your channel, and they stepped over the line. But i am glad to hear they removed the strike. They had a chance to help the hobby instead they criminalized you.
Woo, the Miniac Cavalry has arrived!
I had not heard of your channel before now, sorry they put you through this.
This strike is illegally abusing the DMCA takedown system. They can trademark a name of a product, but cannot prohibit people from saying or publishing it when describing their product. They can also not prohibit you from showing a product you purchased in your video, as long as you are not making claims to ownership of the brand. This all falls 100% within fair use, and even outside fair use stating the product name in your video title or description does not violate any copyright or trademark law.
The only thing their trademark prohibits and prevents legally is creating another product and marketing it under the same name. They have no idea what they're saying, and are completely wrong.
TH-cam needs to ban the accounts reporting these violations and probably take legal action if they keep it up. This sort of shit is completely illegal, and completely unacceptable.
Yeah, I'm not a lawyer but this doesn't sound legal to be
TH-cam doesn't work that way, the law has nothing to with it. TH-cam just takes a scorched earth approach to any compliant filed. At some point, you will look around and TH-cam will be only a shadow of what it once was, this kind of business model does not work in the long run.
I'm wondering why there is no service that take the TH-cam model but better, is it that if a credible competitor appeared they would destroy or buy it before it grows ?
Yes my friends, a litigation society already stricken through the abuse of the Democratic system, having acquired a pseudo platform of even greater potential, now behaves as if the burning of books last century didn't happen and that the pencil and pen were invented for the first time only yesteryear! Very scary! High time that the very Legal fraternity and it's institutions called upon, "created" a necessary and appropriate "Legal Advocacy platform" to better safe guard and maintain a level of clarity for all concerned. Lack lustre government enabled by the self serving ambitious illiterate aggressive, feudal factional Politicians will otherwise have once more placed the people's "Freedom" on a fast track to "Tyranny". Further complicated given the number of remaining internal,long standing unresolved "Social Justice" crisis suffered by the people are yet to be "Liberated" from the evils of injustice, especially suffered by the "so called" , minority groups. In fact "TH-cam" whom now have already become the "Global Conglomerate Corporate" scale body with prosperous ambitions, should themselves be held accountable having failed to orchestrate said mechanism. Should "TH-cam" offer said safe guard does not however negate the need for an "Independent" legal advocate consultancy representative body. Protect the "Creative" freedom of the people. Defend the Artistic guild's and their Academic institutions licence. Please. P. S, Help! I'm an Australian
They're also flat out lying. They have no copyrights or trademarks on the words colorshift or chameleon.
Terrible. A company that has lost my business, regardless that they apologized. Incredibly unprofessional behavior.
Good on you Paul. Gotta scold the dog when it craps on the carpet.
Very, very sad Green Stuff World, I was looking at "Colour Shift" paints from you, I think I will go Vallejo now.
Same here. I had this idea to paint an army of bugs with colorshift paint, then I found out Greenstuffworld have it as miniature paint.
Now I learn Vallejo have a range? Okay, I am sold. I don't know if theirs is better. But at least Vallejo is not GSW.
I can also replace green stuff with other shit. Hell, I already did so in a way. (I replaced Brown Stuff with GS and an industrial grade putty as a mixture: cheap brown stuff. Heck, cheaper than simple GS.)
Thay are much better paint anyway so il be doing the same.
Vallejo is like 90% of what I use. To be honest I am not impressed with GSW stuff...
We need alternatives to TH-cam this monopoly is why we are here.
The same thing would happen on any other new site that would have grown a lot in success. What you need is new laws and common sense, not necessarily a new youtube.
Most definitely! I've been saying we need new platforms to replace youtube and facebook.
@@rudylovato936 Bitchute is all right or vimo, bitchuke seems to though have attracted lots of crazys on there.
@@EugeniaLoli not really,its big corporate sites that have a problem. not the concept of open video sharing platform. and the laws don't matter to sites ultimately,as they can bypass the current laws and call them something else other than a freedom of speech expression or whatever difference is youtube using to skirt regulations.
@@EugeniaLoli I disagree. We need a new youtube, because we will never see reform unless there is competition. TH-cam is notorious for this behavior. GSW is also to blame with their ridiculous behaviour. If they valued this creator they only needed to send an email expalining the situation, but instead they went straight to punitive measures. TH-cam fully supported this move.
But TH-cam does this to hundreds of creators, all the time, that produce good, educational and enriching content, most recent case that comes to mind is Auspol, an educational channel that explained how the Australian parliamentary system worked. TH-cam, and no one else, without warning, shut down this channel and has yet to give an explanation. This was some months ago.
TH-cam is out of control. This is just the tip of the iceberg with TH-cam.
If we had another video sharing site that had the same accessibility, we would not be in this mess.
TH-cam is also owned by Google.
Not a fan of GSW's actions here. I won't be buying from them in the future.
This incident has brought other, past GSW actions to light, and they don't look very good, either. Stealing others' inventions, marketing them, then legally forcing the creator to stop selling the item...( tinyurl.com/rzj8aws ) and abusing other companies' IP to advertise their own products (which makes this episode reek of hypocrisy).
I am in the same boat, I bought mystic and burning gold colour shift paints from gsw when they were released and it will be my last purchase, I don't want to support a company that operated like this to knee jerk a ham fisted attempt to protect their ip.
@@cwj138 I would understand if there had been some previous communication and polite requests of "Could you please rename your video? Also, we'd also love to send you some of our paints for you to review." But really they just took it out on someone who didn't know. These are their customers and supporters why attack them, it didn't make sense. And at no point were you doing anything malicious towards their company. Really it was a poor decision, and yes, an apology letter was issued. But really the issue could have been handled in a lot better manner.
I enjoy your content, (oddly enough it was this whole situation that led me to your page from Crabbok's page) so thanks for the posts you do and I hope you keep up the good work. :)
This is a niche market, this kind of thing can be REALLY bad for them.
very bad move .
Yup! I'll never ever purchase a GSW product ever.
I hope it is.
oh, I informed them. The potential losses from the free advertising they have stifled because nobody will show their product on camera for fear of repercussions. Its not hard math to figure out the damages this would have caused verses the value of the trademark. One drastically outweighs the other. Whoever the CEO is got advice from their mom on how to run shit. Turns out she was wrong. Or they have a few bad eggs working there who need to be fired IMMEDIATELY.
They are talking about "trademark" infringement not copyright infringement and trademarks only apply if your were *selling* a paint with the same name as theirs.... they are idiots
The audacity in asking you if you wanted to review their products at the end of it really sealed the deal. I had never heard of Green Stuff World before this, and this makes one heck of an introduction to them.
same here, i had never heard of them, and i was already going to avoid them after the strike. Which was an egregious use of the system as it was, but using it to try and get positive publicity from a creator they actively harmed is lunacy. Ther issue was with vallejo.
Indeed. That's a bribe. "Hey, we had TH-cam take down your video, but we don't want you to smear our name, so what about we send you some free stuff to review to keep you happy about our company?" At that point I'd have said "Noooo thank you." Seriously. How is she to blame for an infringement by Vallejo? What a d*ck move. And copyrighting a word like "Chameleon"? Really? *rolls eyes* Never heard of GSW, will never buy their product either. Way to go GSW.
Please DO NOT review their products.
I'm sure they had this planned. Bully small TH-cam content creators into featuring their product.
That was my thought - obvious bribe.
The copyright system is far overused and abused. Also TH-cam looks for any excuse to demonetize creator's content. As a military, Sci-Fi modeler myself who's considered creating my own content to display my projects as well as teach others, I've decided that TH-cam isn't worthy of my time or hard work needed to create content. Your case is one of the reasons why, as well as other content creators I know. Keep up the good work you do!
Bye bye Green Stuff World. Won't be buying from them again.
Me too, unbelievable.
*POF* -and GSW went full Disney. Ouch, better give the lawyers chill-pills before giving them full reign on dealing with customer-'support'. This can only hurt a company.
GSW did themselves more harm than good with this little stunt.
I wont be looking for purchases from that retailer at this point.
@@koultunami9013 Well, clearly they pay *some* attention to TH-cam. They actually had a couple of items I was looking to purchase, but they're a non-essential supplier. The Colorshift strike is ridiculous, but trademarking Chameleon? Give me a break.
I’m never buying from them. Companies that do this crap don’t deserve anyone’s business. Especially when they try and capitalize on things that are already around like color shift and chameleon.
They must have realized what consternation a strike would cause, especially to someone like Naomi. This is not excusable.
We should just keep pushing this comment to the top. They don't deserve any business.
I’ve used colorshift from house of colors for 12 years now; so technically they have infringed on another companies product.
Yeah this is weird. I wonder if GreenStuffWorld have only Trade Marked "Colorshift' for Spain but not worldwide. Both Vallejo and GreenStuffWorld are Spanish companies.
Fire an email off to House of Colors and let them know. Depending on where they are located their seniority of ownership may give them first kick at the cat in copyright terms.
And the word chameleon... They copyrighted a lizard? WTF
@jim the curmudgeon Prior use is at play because it affects the distinctive character which is required for trademarks - e.g., consider if the words have a long history of being used as a generic term to refer to a type of paint. Also in some locations a company can have an unregistered trademark, established through use, that takes precedence over other companies' later attempts to officially register the same mark.
Also more eyeshadow companies than I can count. They might make more money suing them than hassling Small TH-camrs, you know if they actually had a case.
No judge would uphold Chameleon being copyrighted that's hilarious
Chameleon paint is a trademark of PPG, good luck gsw fighting them, they already have 100s of rulings in their favor. Color shift paint was offered as an alternative in the proceedings to sherman William's who was sued by PPG. It was one of our case law examples in my pre law classes in my undergrad studies at Georgetown. They settled in arbitration for 30 million in damages and were offered limited license for use in europe. So no, gsw does not own the name color shift, Sherwin William's does. I have a friend on their legal Team and he will be informed about GSW claiming their intellect property. Sherwin Williams has a huge legal team in house. Good luck gsw, I'm guessing they will be leaving the hobby soon.
Phu Vet hahaha I hope you do. This whole thing is a joke.
@@PhuVet fair use laws as a reviewer she is protected.
@@PhuVet I hope this young lady ,who appears to be much affected by youtubes ruling here, reads this and gets good sound legal advice on how to get her money reinstated. You tube and the others are far to fond of trampling on the rights of the individual as we see in their constant attacks on those who do not wish to live under a global caliphate. o
@@briancauble3711 in a court of law, not youtube. TH-cam is shoot first, never ask questions
GSW is beneath contempt. Sadly, such self-important parody of “legality”-ness has permeated the society in recent years, and is a sign of decay.
What I find amusing about this whole concept is that I didn't even know Green Stuff World (who I have bought from) had their own paint ranges but I would have found them if I'd searched for what is now their product name. The video they had taken done could have accidentally led me to their product and, as a previously satisfied customer, I might have considered trying their version instead upon finding it. Not likely to now though.
Go fire off an email to Vallejo and tell them about this and ask if you can have replacement paints with the correct legal names. If they're smart they'll send some out.
This is a brilliant idea. You should DEFINITELY email Vallejo
If he was really smart he would sponsor her so she gives an add at the beginning of each of her videos that states the reson she needs a sponser is because GSW got her channel demonized. 🤔
I doubt Green Stuff World's claim is even legitimate, you can find the term Colorshift and color shifting paints in use for other paint products before Green Stuff World started selling their paints. Rustoleum had a Colorshift spray paint 8 years ago. They're just trying to bully people to give themselves legitimacy.
@@DtLS I found Testors has a color shift spray paint at Hobby Lobby. Folk Art paint has a color shifting line as well.
Not sure why YT recommended me this video but was interesting and will be subbing to check out your past videos.
Same Here. I'm super glad to hear that they removed the strike!
Same here. I do paint randomly figures and watch also randomly few persons painting. Count me in, hitting subscribe button... Hobby killing itself from inside due this kind of nonsense. Where that (tm) is registered? At least USA and my home country (Finland) doesn't seem to know anything about it...
Me too 🙂
How the hell can the term 'Colourshift' be copyrighted. My father who was a master printer specialised in lithographic printing.
I remember as a kid he would talk about colourshifts and adjustments in colour, eyeing out colour.
This is absolute nonsense.
The term itself isn't. It is only when used in the context of a product name.
If they tried to apply copyright to the word itself when used in any context then it would not stand in court in America.
@@r603burakkusuta2 Good to know. Thanks.
@@r603burakkusuta2 they would be in a battle with rustoleum over the name too.
i have several tins of colorshift rustoleum paint from years ago, way back before you geeks started using it , i would put it on cars.
@@deadprivacy No duh, so like I said they are full of shite.
I'm not a lawyer but trademarking or copyrighting a descriptive name sounds very odd, if not impossible, to me.
Well that just saved me a bunch of money. I will spend it elsewhere. Keep up the great work on your channel! It is refreshing!
Look at "Turbo Dork" great range there, very supportive and amazing products.
GSW put an Instagram post up showing how you could make a replica of an FFG airspeeder using their products (recasting). So that makes this overreaction even more galling.
RIGHT!!! lol!~
They also named their entire company after the trademarked name of a famous product from a competitor, most likely to attract more business to themselves through use of said famous competitor's product.
@Lord Inquisitor Shadowlord They didn't just name it Majin pink, they posted a Twitter ad WITH MAJIN BOO holding their bottle of that color. Straight up used the image of Majin Boo to promote their product without permission. It was only removed either late last night or this morning, since it was still up before I went to sleep last night. You can see copies of the ad posted in their Facebook post of the apology letter to the public.
@Lord Inquisitor Shadowlord I understand that. Majin means "evil spirit" or "bad luck deity" in Japanese, so they could have gotten away with calling something Majin Pink without technically violating any IPs. Only if they'd called it Majin Buu Pink or the like would it have been crossing the line.
However, instead, they chose to put THIS advertisement on Twitter for that exact paint product:
facebook.com/photo.php?fbid=2248667538765736&set=p.2248667538765736&type=3&theater
Which means, they quite literally explicitly and intentionally violated a major entertainment IP without permission in one of their own advertisements, to profit off someone else's creation.
They still had it up until people on that Facebook thread pointed out the mind-boggling hypocrisy (and flat out litigious violation of another company's IP without their permission; like, that sort of ad can cause them a VERY costly lawsuit).
So, this isn't one company using a common industry term for a product, that some company trademarked to try and prevent other companies from using said COMMON TERM IN THEIR INDUSTRY on their products. This is flat out stealing someone else's intellectual property to generate money for your own product that you named after something in that IP.
So yeah. They have no stance whatsoever legally for Sword 'n' Steele, who did exactly nothing wrong in any way, shape, or form. They might technically have a stance against Vallejo and any other paint company in Spain to enforce a maliciously filed and sleazy trademark, but that's it. For something they didn't even remotely come close to inventing, and a term they were not even close to close to the first to use. This has been the term for these kinds of paints for decades.
But their hypocrisy is just vile, in my opinion. They named their company after someone else's famous product, and used a major IP without permission in an advertisement to generate income.
You’re a sweetheart. I’ve never watched any of your videos. I’m not sure why you showed up on my feed but I’ve watched three of your videos, now. I’m an artist so censorship is a touchy subject for me. One of my paintings was censored years ago. It doesn’t feel good especially when you didn’t do anything wrong. I’m now going to look at more of your videos. Only because I really like you and how you handled this situation.💕
See ya, GSW. Enjoy the bad publicity.
Also, funnily enough, I'm holding a bottle of FolkArt(tm) Color Shift (tm) paint. And the label is copyright 2016. Soooooooo...
ive got a tin of rustoleum spray paint from 2014 says "clor shift" on it, but it aint trademarked at all.
There are "fair use" laws to prevent this kind of behavior. Legitimate product reviews are protected, otherwise every negative review of every product would be subject to removal.
It wasn't the review that caused the issue. It was that she had the original box from Acrylicos Vallejo that said colorshift on it. Vallejo made an announcement a couple weeks ago but I believe it was just to retail and distribution partners. There is no way she could have known this. GSW should have contacted her directly and not given a copyright strike on the channel. It was bad form on GSW part.
@Daniel Stone How exactly was it illegal? GSW didn't take down the video because they didin't like the review, they took down ALL videos becasue a competitor used a registered term illegaly for their products.
@@TheBod76 because it is a false DMCA claim. That, in the USA at least, is perjury. Ergo: illegal.
@@Lord_LambertAre you a lawyer? If you are - cool. If not... perhaps you should not be representing your opinion as fact.
Just because a product is discontinued doesn't mean you cant review it or still purchase it. Vallejo Colorshift is a different product than GSW Colorshift.
*eye-roll* I would avoid all GSW products going forward, just in case.
Hardly, I use they colorshyft for my AL army, and they work very nice...to bad vallejo was late to the party...
I just trademarked the words "trademark" and "copyright" so I will ask them to cease using these words going forward.
What size yacht are you going to buy?
Ancient Gamer I once had trade mark for “data” until they changed laws where you can’t trademark words. Ahh... fun times.
Go after Disney first. 😂
I have trademarked the words "irony" and "sarcasm", please refrain from the use of these concepts in all future comments, good day sir or madam.
🤣🤣🤣🤣🤣
This video now comes up widely in the Recommended Videos list and will get a lot of views.
It could end up being your most watched video.
Oh, err, umm, IT ALREADY IS.
Florence Gomer yeah, it just came up in mine and I had to watch it just to see what it was all about. Glad it did, this sort stuff bugs me with TH-cam.
Exactly. This type of video isn't in my wheelhouse at all, yet here I am. Glad it's making the rounds.
It's how I arrived here to be honest!
I hate bullies. Digital ones or real ones. I just cancelled my GSW account. I won't support bullies in any shape or form. Shame on them.
Welp, no more Green Stuff World for me ever again.
Thergood yip I’ll be doing the same!
Didn't even know they existed, but after this, it's a no from me. Striking her, then having the nerve to ask her if she wanted to review their products...that pretty ballsy, if you ask me.
Do you know how many manufacturers use the terms “color shift” and “ chameleon”. They both have been around since the early 90’s. What a joke. Hope you get your videos back up !
GSW should fire whoever from their Legal Department thought that mentioning a brand name in a review is valid for a strike under DMCA.
Assuming all the footage, audio and visual is your own, and you don't try to claim that the products reviewed belongs to you, Fair Use prevents this sort of strike. (Obviously there can be fringe cases where this doesn't cover.)
This is why food reviews, miniature models and even movie/album reviews are 100% legal.
Even the packaging doesn't warrant a strike. I wonder what kind of nonsense they used to push this by TH-cam.
Never shopped from them, never will.
That’s stupid, colorshift or chameleon has been an industry term for over 30 years. Their legal team is loosing them customers. Why would I support a company whose main products are rebranded epoxy and would have videos taken down. Sorry this happened to you.
Gah! I'm sorry that you had a rough day, Naomi. Tomorrow will be better! Re: GSW... Not emailing you prior to a copyright strike is NOT cool- especially since you clearly had no idea that there were any toes to step on. You were literally just reading off of your box.
In other news, I'm making brick/cobblestone bases for a really big video tomorrow and I was considering using a GSW texture roller... I mean, I had pretty much already decided against it because the striation imprints that they leave are really awful... but still... I think I'll sculpt the bases by hand tomorrow. Happy New Year!
Everybody make a video called "Colorshift" and the just say colorshift chameleon over and over and over again.
I'm trying to recall the name of that little sea creature ( not octopus ) that color shifts it's skin, and also appears to change surface texture. Does anyone recall? Octopus colorshift as well. The auto industry has had colorshift paints for many years now.
Eureka! Cuttlefish! TH-cam video: Cuttlefish - the King of Camouflage
Yes. Good idea. Than make some funny pic with text over it with a message when they view the video.
This is a classic misunderstanding of copyrights and trademarks. They could only have a "trademark" which is abundantly different. So different that they fail to have the legal authority that TH-cam evidently has awarded GSW. For instance, anyone can use the word "Microsoft" or "Windows" in literature, pictures, videos, et cetera; Except as a company or product that would confuse consumers as to think they were the real Microsoft. Also a single misspelled or fictional word falls short of being copyrighted, think do I.
It is impossible to copyright a single word, the minimum is three words. Trademarks are the same which is why companies misspell words if they want to trademark, or use three words as, their name.
However, TH-cam is notorious for having an abysmal "Copyright Strike" system. For instance, there are loads of scammers that hack TH-cam's system to cheat money from content creators. YT also seem slow to respond and reluctant to admit mistakes.
That's an awful situation, I'm sorry that your video got removed! Hope this doesn't get you down too much, this is a great channel and you're a credit to the hobby!
You have my support!!!💪🏻💪🏻
That's great, man!!
Just heard about this from Spikey Bits. I’m subscribing as a measure of support for your channel. Keep up the amazing work.
What a dear Lady you are, among such touchy, talentless, humorless wolves. I wish you success.
GSW just lost me as a regular customer. I used to recommend them all the time too, but that's out the window now.
Wait a minute ... Isn't "Green Stuff" copyrighted and/or trademarked by Games Workshop?
Waga
Wow, I was in fact searching for this colorshift chameleon paint when I ran across this. Well... that changes my mind, I will NOT be buying this paint or ANYTHING from GSW! I refuse to support pricks like that!
Hello Naomi. I noticed that you have the same problem with your glasses as I had a few months ago. The glasses kept sliding of my nose and eventually people in the office got nuts from me pushing them back up.
So I went to the shop where I bought them and they narrowed the space between the two rubber nose clips and also made the glasses hold better to the side of my head by heating the plastic branches and remodel them to a tighter fit. All for free as I was a customer.
I have to push up my glasses only a few times instead of frequently. They feel more comfortable and my colleagues as my clients noticed and appreciated it.
Just a tip. Greetings from Belgium 🇧🇪
Yeah, what horseshit, color shift paint has been around in the auto industry long before greenstuff 'registered' the phrase. Just look up DYC paint. I wont be buying any of there products ever.
yeah I have a BC Rich warlock painted "Chrome Illusion"
Even in the acrylic paint world "CS" paint had been around for more then a decade. Folkart and the like have had them since at least 2007. I believe the old bottle I found a while back in the garage even said "CS" on it
I don't understand how they copyrighted these words. Both colorshift paints and chameleon paints have existed for years.
I've been buying craft colorshift paint from Michael's for years.
It's kinda like saying you have the copyright to the word "wash". GS obviously is not a company that supports the arts. I hope these scum bags loose all there business. Has anyone confirmed that they actually have a copyright at all here?
You have so much support, so hang in there! Please don't stop all the great work and positivity that your videos promote!
Thank you for this content so that we can understand the challenges on Copyright claims and how this can affects you. The positive way and care you took care of the issue does you credit as a producer, content provider and a great hearted person. JI want to end on... you are awesome! Please have a fantastic holiday! Keep warm and safe.
Thought this was going to be a "YT screw over a CC again" but no this is plainly misuse of the reporting system. No company can come after you for reviewing another company's product even if that product is breaking some law (I'm very unsure if copyright infringement is even possible for a term like that name since so many other paint products use it).
It is only ever the fault of the company who broke the law, not their customers. This is insanely bizarre behaviour.
It's not possible for copyright infringement to have taken place, it would be a matter of trademark infringement if anything, and that's the real problem since it was a "copyright strike" misused to cover an alleged trademark issue.
Pretty sure GSW will lose more income from the bad publicity caused by how they handled this situation than they would have from you using "their" word for a competitors product xD
Sounds like you ended up as colatoral damage between 2 brands having a slap fight. You should email Val and tell them about it, and offer to review their new rebranded paint. That'd be some poetic justice.
^👍👏🤝
Yes! DO IT! Hahaha
THIS
Good idea. Use market forces against them. Although they did issue a public apology, and if that is backed by an actual policy change then it wouldn't be necessary.
This was the video that started my journey into the wonderful world of Sword 'n' Steele. Feels like it was longer than 9 months ago. But honestly, I have to say thanks Vallejo because if this wouldn't have happened I probably would not have known about this great channel with all of their wonderful product reviews. Not saying I'm glad that it happen but I'm glad that it gave you the publicity and strong support from the hobby community.
I don't know how this channel ended up in my recommends.
But,
*THOSE MINIATURES ARE FREAKING AWESOME*
given this vid is somewhat about paint, I imagine that they display your talents.
Gonna have to snoop around now.
Respects and congrats on the reinstatement.
That's completely ridiculous! You're doing them a huge favor by reviewing their products. Don't let it phase you, it'll get sorted. I think a censored video would be hilarious :) black bands over the name and bleep out the words chameleon and color shift haha!
Actually I would go one better. Put "Censored by Green Stuff World due to copyright tiff with Vallejo" in the black bar.
And charge them time for the editing. At hollywood rates ;)
Yeah this is pretty ridiculous - bad dudes!
@@Mananarepublic Well at least they apologized and straightened it out with TH-cam - and fast. I'm glad everything worked out in the end. Hopefully Naomi is happy with the outcome!
And get a pet Chameleon to have in the video but call it a color shifting lizard instead.
Their legal department. Haha. Is that his mum?
In the email she showed, the "legal department" seemed to conflate trademark infringement with copyright infringement. Trademark and copyright are separate legal issues. Isn't YT's *copyright strike* system for *copyright rather than trademark* (the C in DMCA is for copyright, not trademark)? If so, they are *abusing that system* if they're using it for "trademark strikes" (which are not a thing on YT -- so far as I know).
In any case, she was a consumer who purchased a product to review; if they're concerned about protecting a trademark they have, maybe they should go after the company who made the product with the infringing use of a trademark on its packaging, rather than harass a random consumer.
@@robertjenkins6132 Exactly! I don't understand how they thought registering a copyright infringement notice with TH-cam was the correct thing to do for a review of a product; she isn't infringing on anyone's copyright. It also doesn't seem like it can even be trademark infringement because she isn't selling the product.
@@robertjenkins6132 I also want to know how GSW can sell "Metal Color" paints when it seems Vallejo has been selling metallic paints under the name "Metal Color" for awhile now.
hahahaha
@@robertjenkins6132 This was my problem with it too. As soon as I saw that they claimed their "legal department" told them it was a copyright issue, I knew they were (at best) stretching the truth. They abused TH-cam's copyright protection features for a trademark dispute and targeted an unrelated third-party to do so. They done f#$%ed up.
The way you managed the whole thing is so adorable.
Jeez this video was a herald to how 2020 was going to go lol Love the "happy new year 2020" from them :,D Recently Discovered your channel Naomi, fantastic content! Keep up the amazing work!
I will be removing creative green stuff world from my list of products to buy as I only heard about them through this channel.
Time to hit them up on Twitter and ask wtf they were thinking, guys.
I am sorry this has happened to you. I am not a fan or follower of your channel but the video was recommended to me in my inbox. It has hit home with me due to the fact something similar has happened years ago with me. I am glad you where able to talk with them and offered suggestions. It is truly saddening and gut wrenching to have something you worked hard on taken away from you or deleted. But I'm glad it wasn't as severe as my case and you are able to recover from this.
I am so happy to see your supporters and friends stand with you and up for you.
I hope you are having a better day and a relaxing craft day.
Sincerely ZeroTheHero
What goes around comes around, hopefully Games Workshop sues the living daylight out of them for even speaking the word "Green Stuff" now that they've made themselves visible.
So wait... the video didn't just get deleted? Your channel also got a strike! That's some crap. At least GSW said they would email TH-cam. I can see this has you pretty shaken. I'm so sorry this happened Naomi! I hope it all works out.
They won't be getting a penny from this household. Three artists here too.
Some companies really hate getting free advertising.
SO UNBELIEVABLY FOOLISH! WONT SPEND A DIME WITH THEM! PRINCIPLE CARRIES A LARGER DEMAND!
SO UNBELIEVABLY FOOLISH! WONT SPEND A DIME WITH THEM! PRINCIPLE CARRIES A LARGER DEMAND!
chameleon, Chameleon, CHAMELEON! C-H-A-M-E-L-E-O-N!!
Well, that's pretty awful. I get that they want to protect their brand, but it was a pretty garbage way to go about it.
It is also illegal, she is not the one liable here.
I run a hobby page on Facebook and a mini painting group with 11k members. I will no longer feature items from them or allow posts about their products. If they want to sell their products they will not have any assistance from me.
This coming from a company that had their start selling others property 2 part epoxy resin.
When I start painting, I will never buy their supplies.
Be a shame if GSW had a bunch of frivolous claims made against their channel....
how can they own "colourshift" does that mean all the car painting shops and custom paint jobs now owe GSW money? lmfao, bless you glad they replied quick though
I'm confused about this as well, as far as I'm aware Colorshift is a paint term, not something that should be copyright. From my understanding, which is admittedly limited, that would be like Ford copyrighting the term SUV and then suing anyone who made a SUV unless they called it something else.
I'm really impressed with the way you've handled that sort of nonsense.
It shouldn't be *your* legal problem when they've got a grudge with Vallejo. The product you've bought is yours and that's literally "what the box reads".
The mention of "Chameleon" was just the icing on the cake, this has been commonly used by say manicure pigments for years now.
On a side note, I wonder how many of your viewers are in just for the ASMR quality of your voice, ha!
This is how a company kills it's self.
A self inflicted GSW.
@@Reactordrone ISWYDT... :D
Wow that was one of the best color shift reviews where I could see the difference. Not sure how they can copyright that or camelion . GW can't copyright space marine.
I’ll never buy anything from GSW.
BOYCOT
I had never heard of them before yt promoted this video, so SNS has gained a subscriber and will gladly avoid gsw
I am sorry to hear that something this aggressive was taken out on your channel, I think Green Stuff World need to take a hard look at them selves as a business and think before they act.
Sorry this happened to you. You seem like a very genuine sweet person. This looks like the actions of a jealous child. Checked with my family member who is a paralegal......looks like a bogus claim.
One can *trademark* a name for a product, but one cannot *copyright* a word. GSW filed a *copyright* claim for the takedowns, they lied.
I guess this answers my question on which brand to go with... Vallejo has my business now.
Glad I didnt skip this on my reccomended list. Simply astounding.
I've heard colorshift used interchangeably with chemeleon for years... BS.
Dave Sterling haw are shapeshifting reptilians
Oh, oh Green Stuff World... That was a very stupid thing to do.
If you attack one of us, you attack all of us.
#youtubersunion
I really enjoyed your shift paint video. Plus your colour tester, chart was a great idea.
Bless your heart. Don't let the negativity of others get you down :)
Between this and COPPA, the conspiracy theorist in me says that TH-cam is creating easier ways to demonetize content creators by punishing them for poorly defined restrictions and requirements
Of course it won't affect YouTub continuing to collect the advertising dollars - they're just not going to have to give any of it to their content providers any longer.
You're not paranoid if "They" really ARE out to get you. In YouTub's case, they have been for years.
AGENT HURT
I WOULD HAVE TO AGREE WITH YOU!
TH-cam IS ON THE DECLINE! THEY ARE ONLY INTERESTED IN BIG ADVERTS AND CRONY'S ANYHOW.
AGENT HURT
I WOULD HAVE TO AGREE WITH YOU!
TH-cam IS ON THE DECLINE! THEY ARE ONLY INTERESTED IN BIG ADVERTS AND CRONY'S ANYHOW.
This is Unbelievable. You were giving them FREE advertisement And they have Rejected it. I will NEVER purchase Greenstuffworld Products EVER. I love to watch this Channel. Keep Pushing Naomi!!!!!!! You'e AWESOME!!!!!!
I was alerted to this via Black Magic Craft. Keep up the great work.
Like myself. I believe you just got found and subbed by a few who were previously unaware of you. Glad that the community is getting behind you. Keep colour shifting. ;)
Jacquard, folk art, MC-07, and Createx all have color shift paints in their brands and use the term on their products. I think that they took the space out and made it one word is how they managed to get away with it, but only in written format. The term itself, which is two words, belongs in the public forum. You can still use it just don't forget the space.😎
This is ridiculously petty and moronic.
The way they ask you to review their products seems like adding insult to injury
Wow. Sorry to hear this. Hope this doesn't discourage you, as this is a positive channel that we all enjoy.
I wrote to the company and received this response a few minutes ago.
Dear friend Rory, first of all, happy 2020, we wish you luck and prosperity for your future. The incident with Naomi was resolved a few hours after the mistake was made. The company presented its formal apology and she accepted it without any problems. The person who made the mistake has had serious occupational consequences. Since then, we only seek to restore calm and tranquility in the hobby, at this time when the world has much more serious problems that affect us all. We would like to apologize to you as well, if at any time you felt affected by such an incident. Thank you very much.
I just found your channel.
"Their legal department"? LOL.
..
PS: I'm now subscribed to you.
PPS: Green Stuff World is now on my "never buy" list. And over the seven or eight months or so I've spent a good $2k or more on paints/supplies. Their loss I guess.
I’m not sure how Vallejo’s use of their trademark constitutes any kind of copyright infringement. Their “legal department” sounds confused.
"Colorshift" may be protected under intellectual property rights, but it would be protected under a "trademark" not "copyright" which are both very different.
Remember when TH-cam was much simpler and less copyright infringing and trademarking ...
after learning about this i feel i will never buy any products from gsw ever again