Right? And his dynamic with Christine is so good, they balance each other out while presenting even controversial/emotional topics. I know it comes from years of an established relationship but it just goes to show the level of respect and consideration they have for each other.
Yes he is. Very thoughtful, articulate & succinct. They're both good at critical thinking so they don't over talk a subject & their calm manner in their discussions makes listening to them refreshing. They wisely left the animated energy for her videos.
I guess I'm the only one who didn't like the way he was speaking. I am a fast talker so I like it when people speak fast as well. I almost fell asleep listening to him at the beginning 😂😂😂🙈
I personally think that if people actually took time to know Cristine, they would’ve definitely gotten a “red flag” alert in their head when they saw the bottles at B&BW. I haven’t been keeping up with the podcasts, saw this vid, and I’m genuinely surprised people fell for the marketing by a big retailer (aka bought them quickly) without doing a quick search whether she did a collab or not. I also highly don’t think she’d be the kind of person to collab with big names but rather support small businesses (like how she did for her holo nail polishes before opening her own)
@@StoneOfMoon agreed. Also Christine would announce it on social media that she was doing a collab or releasing new products etc. So that shocks me that people were so excited, bought the products but also asked "when were you gonna tell that you were in collab with Bath and Body Works?" Almost like she had hidden something. My point of view on these tweets in the video and how people "pretend" to be fans. Like come on 😒
"Didn't realize" it was trademark pending?! That's ABSURD. In my day job, when we submit art concepts we have to search and clear any phrases and store screen caps of the trademark search results with the documents (along with fonts, images, stock images, etc...) so we can show we did our due diligence and that at the time we created the concept it was not trademarked or pending trademark. It's crazy how much trouble I would be in for skipping or faking this step, but a retail store didn't even try? I'm so mad.
Guarantee they did do their due diligence. I used to work in Columbus retail so I know how L Brands (BBW) and the like operate. Additionally it takes 9 to 18 months from concept to distribution in stores. It’s not even like this is a quick operation and they have to rush steps in the process.
These big businesses are very familiar with these different RUclipsrs who are influencers, and seek out collabs with them, so it's totally ridiculous to think that this was done on accident.
Idk if anyone has said this yet, but DONT NOTIFY THE RETAIL EMPLOYEES IN STORES ABOUT THIS when you see stuff like this. Store employees for chain retailers do not have anything to do with products they sell and have no power to make change on a large scale. I’ve been a chain retail employee before and have had people come forward about questionable legal things on products, and I can’t stress enough how little power a single store employee has over that. Shame the company on social media, contact corporate. Dont make store employees feel bad when they cant do anything
@@JoanaCandido yes they are. I work at an office supply store and the other day some dude calls complaining that his mailbox got ran over by ups....but he called saying we are responsible since he bought the item online from us...like....w0t
@Melody Ackerman I believe the original commentator meant JC's original catchphrase "Hi Sisters" but got it mixed up with "Hey Sisters". So is it still legal/ethical for B&BW to put "Hi Sisters" on a hand sanitizer bottle assuming JC owns the trademark to "Sisters"/"Hi Sisters"? Assuming the original commentator actually meant to say "Hey Sisters"-still, JC's audience can get confused between his original catchphrase and "Hey Sisters" since it's pretty similar. Yes, this is a generic phrase but he still has the right to speak up about it and consult with his legal team if his audience is misled into believing he's affiliated with B&BW (Even though he himself stole from Teddy Fresh, but that's an entirely different conversation). Of course, this also depends on the font and miscellaneous designs used as well. If B&BW's design is really similar to JC's font/design, then he definitely has a chance of winning this hypothetical case. TLDR You're being rude over this hypothetical JC situation hOnEy. rEaD.
I am allergic to all BB&W, so I would have looked twice to see if it was a clean product from them instead of the usual chemical mayhem honestly. It really does look like christine's signature
@@joyandrus1717 I can never use their soaps because it breaks out my normally mild eczema into burning and bleeding and bright red. I didn’t used to be able to use lotion there either but I’ve been able to use their new marshmallow pumpkin latte lotion! So nice and soft, but no idea wtf they put in the other stuff that’s not in that
@@kirstencooper3917 She didn't really steal anything from Adele. shes saying HOLO for HOLOGRAPHIC, not hello. and she is obsessed with Holo. Yes Holo is a different way she says "Hello" at some times but I don't see how its stealing when its two completely different words
I appreciate the fact that she felt more upset with them taking advantage of her fans over losing potential money from the collab, hands down the best influencer.
It sounds like they were hinting at it. They specifically said “at that time” they weren’t thinking of making hand sanitizer implying that now they are
This is such a educated and we'll worded argument. No shaming or insulting the other party. Well done guys. I love you both and your professionalism. You run a company too and so do they.
I worked as a graphic designer for Bath & Body Works, and what they’re describing is one of the big reasons why I quit. I felt like my job was a full time plagiarizer, and as a designer, it just felt so wrong. That most likely wasn’t some clueless intern, as Ben said, who took the phrase and design. It also wasn’t their intention to try to trick people into thinking it was a collab with Cristine, I can say with almost full certainty (though that was the result,) but most likely A: an art director saw your product’s design, liked it, and just decided to take it, or B: they were looking for a catchy phrase pertaining to holo, came across Cristine’s phrase, liked it, so just took it (doesn’t make it right though.)
Yes this! I didn't work for BBW but some other company and this is exactly how it goes. We're just to go on google and pick what's trending or popular and rip it off. Sometimes the research team comes up with a list of trending shit and just tell us to make some stuff based of it. There's no real "original designing" to do for us designers...
@@KryaDiere Well said. I had my logo completely taken and used in a phone book ad for another company. As a graphic designer I couldn't deal with unethical people.
Guys, they weren't blaming the intern. They were saying maybe this was an accident by an unsuspecting worker and not done with malicious intent. I saw a few comments on this and felt I should help clarify.
It definitely wasn’t an unsuspecting worker. The idea that they’d have some intern pick the label terms for a multinational company’s products is laughable.
That’s incredibly naive if you (or they) truly think that. This was absolutely done on purpose, BBW knew what they were doing. I have a beach front home in Kansas to sell you otherwise
And people are probably just clarifying, too. What the actual situation is most likely to be. They weren't attacking cristine or ben for that. They're just spreading info
My husband knows that HOLO ITS ME is from funny nail artist his wife is crazy about. He would buy this product for me just by name. I briefly told about whole story and even he is furious. Good luck in fixing this issue.
I am furious and I'm not even a regular here. I like this channel and I appreciate them as content creators and human being but if I'm real I don't come here once a week or whatever their schedule is. I come every now and then I look titled and watch whatever I think is interesting.
This isn’t the first time they’ve done this. The candle collection with “The Nook” candle was copied from someone else’s candles. They had to pull that candle because of the label.
@@Nakia11798 I'm confused as to why I see you under so many comments so avidly defending BBW. Are you the CEO? That would be hilarious (on a side note I need a job so hmu) 😂 But to answer your question, the obvious answer is one copies a specific composition, design, or trademark rather than a general product. I don't believe you listened to the video since it's explained, but when you trademark a design, it's legally yours and cannot be used by others (without permission). It's like if Mercedes made a BMW and would say "oh it's alright, a car is a car so no biggie"
It's at that point where you have to weigh the court cost versus what the law says you could actually get back from their profits. This is why so many artists (myself included) are stuck. WE know the thieves are wrong, THEY know they are wrong, but WE can't afford the court costs (and sometimes not even the full cost of registering our copyrights/trademarks) , especially if it's international thieves. It's the world's worst game of whack-a-mole.
To be fair, they actually do have seasonal products. However, every now and then they'll sell "retired" products online usually in body mists, lotions, candles etc. Let's hope it doesn't apply to hand sanitizers! I'd suggest keeping an eye out for this periodically.
Honestly, the way B&BW handled everything was really immature and absolutely disgusting to me. This isn't even the first horror story I've heard about B&BW, and I really hope that karma catches up to them.
@@Nakia11798 Was it really “backing down” though? Like, tossing the blame on the victim and offering no compensation sounds like asking for a fight. Just cause they said it was seasonal and would eventually be gone? I’d be like. “Ok cool. I’d like my seasonal cut please.”
I hate when people blame the intern! 😤 If anything, this mistake would be more likely made by an experienced marketer who hasn't a clue about the internet. The one thing young workers have is knowledge of Internet pop culture. Love these eps, that's just something that gets my goat.
Yea I agree! They’re probably underpaid if paid at all too. Even if it was an intern, the responsibility falls on the higher ups that didn’t vet the designs
I dont think they blamed the intern... i think they said that the initial proposal mightve come from an intern, but the screwup came from someone whose sole purpose is to make sure stuff like this doesnt happen
Just wanted to say thank you, Cristine, for cutting up the podcast into these clips! I find it hard (however entertaining) to watch the whole thing, so these come in so handy! Plus the time stamps on the full length ones :D
Working at Bath and Body Works felt like joining a sorority. They were very loose and didnt train anyone that didnt fit their "idea" of who should work there. My first day was literally Black Friday. It sucked. They didnt tell us where the product was supposed to go, they just told us to keep the shelves stocked and customers had no idea that three of the people walking the floor were brand new employees with absolutely no training.
Whenever I google "holo" on its own, the second listing is for Holo Taco, and there are several other listings for Simply's main channel. It wouldn't have taken them 10 seconds to figure out that phrase belonged to someone else 🤥🤥🤥
@@sageandclovers but I'm pretty sure, she was the first one to really start shortening "holographic" to "holo." Until Cristine started getting bigger, any of us that said holo out loud in real life would get confused stares because who ever would think to call it holo.
@@cyn_na_mini I've been saying "Holo" since 2007. Way before Cristine lol. Its just a weird thing I picked up as a kid. But either way, I'm glad that BBW at least decided to stop selling them, even if they didn't technically admit fault.
@@sageandcloversoh dang, I stand corrected then. I had never heard it till I started watching her videos. Not that I'm saying she came up with it. More that she popularized it, and even if "holo it's me" hadn't been one of her sayings, googling holo even 3 years ago would have pulled up some simply videos
11:50 - that’s the kicker - any company naming shades/scents/colors needs to check that their proposed names aren’t legally owned by someone else. Since B&BW is a huge company naming candles and scents each year, they should REALLY know better. Somebody cut corners on their standard development process. It’s gross.
@Nevaeh Stocker A billion-dollar company knows that the legal costs of having to fight something like this is less than the potential revenue earned. That's business ethics for you.
Bath and body knows their business. They work with instagramers and youtubers. Every second influencer does light some scented candles and praises some cosmetics. I don't pay attention if it is bath and body or anything else. I do my own stuff. But others buy then. Of course they knew Cristine 's channel.
I mean, if you have a trademark, you're obligated to defend it. Though the B&BW thing was probably an honest mistake from an overworked design intern and a lack of legal vetting on their part, If you chose not to legally pursue it or call them out, it could weaken your case for future cases that ARE maliciously trying to infringe on your trademark.
I would hope that is the case, but the creative interns likely wouldn’t have had the opportunity to “come up” with the phrase to design, and if it was an intern who designed the packaging it would have been seen by many many people before packaging designed by an intern would’ve been given the a okay to put it into production. My worry is that it was intentional to hit a teenage audience with their hand sanitizers.
@@moniquetondato5538 it definitely seems like it was done intentionally... One of the high up’s probably have a child who watches Simply and they’ve heard ‘Holo it’s me’ a billion times.. They probably looked up the term, saw her following numbers and then translated that into dollar signs... BBW knows it’s demographic
@@moniquetondato5538 Not only this, but as someone who was once one of those creative interns at a company- even then you check your stuff and look in the free trademark databases.
I think it's doubtful.. that they used such a specific phrase with out knowing who it belongs too.. that phrase is basically part of a brand.. like "5 dollar footlong" is specifically subway (though there's other sub shops out there.. none would use that terminology or they'd confuse customers into thinking it was part of subway)
She did not have an active trademark as of the release. It was not a registered trademark when Bath and body Works used it. It was pending and the waters are murkier. But it’s hard to defend a trademark that didn’t even exist at the time. It was not illegal what they did. The sad part is is that they will probably put a lot of money into the legal system and it may be for nothing.
To my mind, their argument of “well, the consumer/market isn’t confused [anymore]” with the evidence being the tweets (presumably?) is easily brought back to them as looking at the wording of some of the tweets that were very clearly “well *now* I’m upset about this” “I feel bad buying this *now*” as it implies there was initial confusion leading to the purchases? Does that make sense? Like how can they claim that those tweet are evidence of an understanding, when their were plenty that were phrased in ways that implied the confusion. Anyway, glad things got resolved and with little fuss.
not to mention tweets are dated. they could argue "tweets prior to our statement on x date show confusion. tweets since x date are aware that we are not involved"
I’m not so sure the lawyer’s purpose was to be clear and specific...rather it was to cast doubt on the legitimacy of their complaints of copyright infringement: I know B&BW really does seasonal items they never bring back but if this sold super well and during the pandemic...I feel it may have come back if the SN brand had not pushed back. Good for them getting that letter confirming the stop!
I'm sure they know, but in their reply, are just using all the arguments they can to defend their position, even if it's a stupid ass one. The saying "deny, deny and deny" is an accurate one to describe legal tactics.
Yeah, and i think the timeline would be pretty clear. Like clearly the confusion was cleared up WHEN Christine cleared it up, and it shouldn't really matter because it was TM infringement. But... Idk...
Ben and Cristine are very well educated to fight these kinds of immature things with grace. That's why i love these two rather than any dramatic youtubers out there trying to sue everyone and crying everytime on their vlogs! My goodness!
if BBW was really so innocent, they would not stop selling the products (the production cost), they knew they have done something wrong, and wanna settled it quietly....
that's because they're not at all innocent when it comes to stealing people's stuff, historically. Their entire existence and brand was stolen from a different business and they got away with doing so they know when they've been sprung
As a former employs of BBW, they discontinue items like crazy. So your favorite lotion, scent, or even like could be discontinued eventually. They have items that are seasonal. So it’s not surprising to me they discontinued the hand sanitizer.
Oof, that sounds really rough. I feel like it's too forgiving to assume it was some intern. This feels intentional...I guess you have to watch your step because B&B may be listening.
I wouldn't necessarily go so far as to label it intentional. It seems like a very minor thing to use one slogan of one RUclipsr on one of the bottles of hand sanitizer when all the others in the collection were completely innocuous. I do think it was a mistake from someone who didn't realise it was trademarked, or some intern who's a fan didn't realise (didn't have the legal awareness) that this is trademarked and thought it would be super cool to have that slogan on a product because they're a fan, too.
It’s true that it very well could have been intentional. But what do you mean B&B might be listening? I guess my questions is, why would it matter if they were?
@@caitlinstone596 If the case is on-going and Cristine publicly stated that it was malicious on their part, B&B might use that in the case as slander. It isn't legally proven, so Cristine can't publicly say that they did it intentionally to take advantage of her. It would cause her legal trouble.
I think it was an oversight by Bath n Body works with no intentional harm. I don’t think B&B pays attention closely to super small products like hand sanitizer to do their research on that. With COVID and lots of people loosing their jobs this year, I think it was an oversight.
You should probably still have sued them for damages and lost of revenue due to this product that they are selling. It might be true that it is not worth the time and effort to do this, but brands like this shouldn't just be getting a pass like that for infringing on copyright.
The argument for that though is that they had a product that was not already in the market so how would the argument of lost revenue work in this case? It’d be a loss if that was the leading argument in a case of them suing..
@@sleepyaven but it’s trademarked, there are confused customer buying it thinking is associated with simplynailogical so they are making money off another company’s fame
I felt so seen when Ben said “if you’re the kind of person who looks up people’s trademark applications” five minutes after I looked up your Holo it’s Me trademark 🤣
That’s such a weird response from them though? Like..there are date stamps on all social media? You can point out that those comments were made after you posted the clarification. That’s like toddler level of reasoning.
My guess is that it helps the lawyer cap the damages that B&BW have to pay up to Cristine if she ended up pursuing the trademark infringement action. Since the product was only confusing from X date to Y date, the damages should be calculated based on the products sold during those dates, and not after Y date, when there is no confusion. :P
as an employee of bbw and as a fan of yours (been a fan/subscriber longer) i saw these when we got them and i was like 😬😬😬 oh dear edit: also as an employee i can 100% confirm that stuff like that usually is only out for about 3 months at most. We only got about 3 boxes of it at my store in total (96 units) and then we never got any more of them.
I remember seeing that hand sanitizer in the store...I thought at the time that they had ripped off of your signature saying, but didn't ever think about if you had a trademark on it or a pending application. I'd forgotten about it until you pointed it out on the podcast!
that situation made me so mad because of his response 😂 james really defended himself and etc and then says “oops haha we did sample one of your colors” or whatever to the CEOs husband in instagram DM’s like.. what 😂😂
I really love how you approach your merch and your trademarks being violated. The way you talk about it is always very calm and well thought out, which is really refreshing as a long-time follower of the beauty side of RUclips. 😅
Honestly any time I see something “holo it me” be that hand or nail related I would still think you had collaborated with them the saying is your catchphrase it’s like if they used “ I’m Batman”
@@kirstencooper3917 Actually, isn't it a parody of hello, its me from Adele's song hello. So shouldn't that make it, its own separate thing. Cuz I don't think people are allowed to rip off other people ideas, even when those ideas are parodies of someone else's idea. Long story short, just as "eat it" by weird al is it's own entity despite being a parody of "beat it" by Michael Jackson, so too is "holo, it's me" a separate entity.
@@kirstencooper3917 the thing is that isn’t where holo it’s me originated and it’s not like Adele can copyright just normal English words that anyone and everyone can and probably have said. Holo it’s me became more of a catchphrase or slogan by her over the years and especially now that she has a business that brand should have been respected. Holo it’s me has no correlation to Adele.
@@katlyncoker8488 Ding dong. That is correct! People think they're so clever and unique for coming up with the same stupid pun as fifty other people. If it ain't trademarked, it ain't yours.
@@parryyotter Just because it's her brand doesn't mean she gets to lay claim to all phrases making puns from 'holo.' That's Taylor Swift trying to own slang she didn't invent level crazy.
It's not the first time bath & body works has had this trouble there was a candle they sold maybe two years ago that was almost a exact duplicate of another candle as far as the look of the packaging, it was called Nook If anyone wants to look it up
The “it’s seasonal” is actually their go-to defense. They are pretty intentional about their lack of IP research. There are about a dozen other instances of infringement where they have done the same thing. They know an infringement case can’t be resolved in the 6-8 weeks a seasonal item is in their stores so they chuck a product out there, get their money and then shrug say “my bad” and never pay licensing or damages.
I’m glad you’re educating the public about IP. I wanted to get into IP law but it’s hard to get into :/ I’m glad you guys reached out to them and while they didn’t provide a satisfying response they were still scared enough to stop selling them 🤣
Here's my take on this: First, I applaud Ben and Christine for staying somewhat level minded about this because god knows I'd be livid. It's not only the slogan they stole from you, it goes down to packaging and lettering! I was in graphics design and you learn about fonts, marketing, and designs for products. There's just no way they "stumbled" upon your saying online and were like "Yup! Let's use that," and they're done. Definitely, the team who was involved in designing the labels knew your line, (perhaps the rest didn't), and they took their chance to use your branding without knowing the legal justifications or thought you wouldn't press into the matter. But you did. Very interesting take on it though and how they responded. I totally get why they said what they needed to say in terms of legality, BUT it would have been nice if they just admitted to their mistake and said they'd be a lot more careful moving forward with branding. They're a big company, and to profit off other artists is a big "fuck you" to all the hard work you did to make it here.
I can think of multiple phrases that use “holo” that aren’t trademarked (not a marketing expert) - “holo there” “holo, beautiful” “holo from the other side” etc. what a shame 😞
I wonder how many other people they’ve taken advantage of without their customers knowing anything about it. I doubt this is the first or only time. Really shows how shitty they are as a company.
Just another reason why I don’t shop at places like this. I think it definitely does make them shitty if they take advantage of people and then back them into a corner so they can’t do anything about it. I mean I guess it’s not surprising since places like Forever 21 and Bath and BodyWorks have like 0 ethical business practices.
This is so common. I've seen artists who are quite big with original designs on Etsy, who have had their art flat out copied/stolen from big companies and passed off as Their own. It's disgusting.
That final "P.S." was just a slap in the face. I think it's important to talk about the ethics (or lack thereof) behind certain business practices. I think you handled the situation professionally and responsibly. However, this situation just sounds like a big corporation shitting on a small, independent company. Their response sounded like they didn't expect you to fight them, in fact, you didn't even have the right to. Of course, this is merely my perspective...
@@McNightenGrace Technically, they came to a resolution without heading to court. Of course, Cristine could always have sued BBW. Realistically, with Holo Taco still in its infancy, I think the amount of money needed for lawyer fees wouldn't have been worth it.
@@MikuruChan123 I know, but I’m asking why you said “in fact, you didn’t even have the right to.” Like why do you think she doesn’t have the right to fight against the corporation?
@@McNightenGrace ah, you mistook what I wrote, I should have written it differently. What I meant was that the response BBW had to Cristine made it sound as if she had no right to fight back. As in, no ground for speculation. But she clearly does.
Despicable!!! I don’t think it’s interns even anymore picking designs. I feel like they just use algorithms alone, and assume the artists they steal from are too poor to stop them.
there was an experiment on twitter about a few months ago where people would post pictures of random doodles/ squiggly lines and then spam comment under it “ damn i wish i had this on a tshirt! “ not even five minutes later someone would find a brand that had already stolen the picture and put it on everything from hoodies to bottles , obviously the work of bots , probably devastating for small artists that get their works ripped off
@@himboirl that's not on any real person. That's bots creating advertisements based off of your interests. The likelihood of them actually having the product is low, and the ones that do are literally just quick-print businesses in countries without these sorts of copyright laws, run by AI. B&BW is not run by AI. You can't really steal a few words written in a common windows font, unless it's trademarked.
That was actually really informative. Im a graphic designer and am sometimes asked to come up with names of products. Now, i know enough to at least google the phrase and check to see if something already exists with that name. But id never thought of looking for a trademark catalog.. probably because im expected to be wearing multiple hats here. Graphic designers are notoriously considered a jack of all trades: marketing, design, copywriting, legal, product design, web, literally the list goes on and on. The fact that my company is small doesnt help. But even in a bigger company i wouldnt be surprised if they left it to the designers and, as you mentioned, didnt do their due diligence over in legal. Fascinating stuff!
God I just adore these people. They’re so smart but full of personality and I love how true their intentions are with their fans. I fully trust they would never try to take advantage of their fan base
@C T It’s a marketing strategy to keep people buying. I used to work at B&BW and a lot of the time, when they release a “new” product, it is more often than not an old seasonal product that is simply renamed and put into new packaging. And because of high employee turnover, if you ask an employee about a product that’s similar to the discontinued one, they’ll likely not have a clue about what you’re talking about because they’ve only worked there for a couple months. Sometimes when they discontinue a product, they’ll pull it off the shelves completely and pack them away to create “hype” for the product. They’ll end up bringing the product back from the dusty corners of the storage rooms during semi-annual sales in a year or two. I also remember during one of our semi-annual sales the company sent our store 3 - 4 year old discontinued lotions to sell 🤮 Edit: I also wanted to add that this is why I think they don’t clearly note the expiration date on their products. After 3 years of working there, I’ve never seen an expiration date clearly written on anything in the store. They only have a manufacture date written in code on their products. For example, if you see 6103T1A1 the first number indicated the last digit of the YEAR it was manufactured. So 6 will mean it was manufactured in 2016. The next 3 numbers will indicate the DAY it was made during that year, so the 103rd day of 2016. So before you buy any products from that place, make sure you’re looking at the dates on the bottom/back of the bottles! If you have sensitive skin I would recommend against B&BW products in general lol.
8:02 i just started laughing youre just trying to talk about something so serious and from both angles, is cat butt lol i love that you allow your kitties in when you stream, it makes me happy!!
Months ago, I noticed something similar to this case. I don't know if this is at all relevant but I wanted to point it out anyways. In a german drugstore I saw a nail polish named HOLO. IT'S ME. (number 702) from ANNY. To the best of my knowledge, Simply didn't collab with ANNY. But I am not 100% sure. I found an article about it from February 2018, so it has to be around for quite some time. I am definitely no expert in law, but as I said: I just wanted to share this.
I don’t think it really matters what German stores are selling. She stated she was trademarked in America and Canada. I’m not 100% sure, but I believe if she isn’t trade marked there that brand is not infringing on her business.
You're absolutely right..I just wanted to get this out of my head :) I just thought about that time to time. Ikr? A bit brazen imo but doesn't really matter as it seems. Thanks for the clarification
@@alinaschulze9276 I think of companies from other countries reached out and said “hey I know you’re not trademarked here but I would like to work with you” that would go so far in revenue and respect.
@@eegeee9483 To me that's the issue. Holo isn't unique to Christine an 'Hello it's me' makes me think Adele more, so for them to try and give heat over two generic phrases like that because it's her catchphrase is silly to me. Greeting card companies would be under water with all the puns they use if people were this pressed over generic phrases.
@@grimgracious Except she successfully filed for "Holo, It's Me" and hand sanitizers are kind of within the realm of nail polish companies (alcohol based products). It would be different with greeting cards because her patent wasn't that broad.
I remember when that hand sanitizer came out in my local store and I remember being 100% skeptical about it and kept thinking if it was actually hers. Until she made that release on Twitter. Glad I didn't end up buying it. Love you Cristine!
completely unrelated, and I don't want to take away from the seriousness of this topic, but ... that is SUCH a good focusing on the cat butt. SUCH a good job, Zyler
"If you're the kind of person who looks up other people's trademarks..." Me *an aspiring trademark lawyer about to finish law school*: "Ben, sees me 😱"
They really tried to bully yall that's triflin. Idk that much about IP law but the fact that the argument that there wasn't any confusion has any credibility is wild.
B&BW absolutely can't say that there doesn't seem to be any confusion cause Cristine literally has all the screenshots of people being confused. She also has on her twitter the exact time in which she posted that she is not affiliated with the product so she can prove that the perception of the customers changed only after her tweet
I love how mature they are about these situations. They could just absolutely go off but they don’t. They handle it like adults are supposed to handle it.
Ben is such a natural speaker & podcaster
Right? And his dynamic with Christine is so good, they balance each other out while presenting even controversial/emotional topics. I know it comes from years of an established relationship but it just goes to show the level of respect and consideration they have for each other.
Yes he is. Very thoughtful, articulate & succinct. They're both good at critical thinking so they don't over talk a subject & their calm manner in their discussions makes listening to them refreshing. They wisely left the animated energy for her videos.
@@Elirum It's also because that respect & consideration is sincerely given to their audience/followers.
Agreed, very informative and engaging.
I guess I'm the only one who didn't like the way he was speaking. I am a fast talker so I like it when people speak fast as well. I almost fell asleep listening to him at the beginning 😂😂😂🙈
Lesson for us: assume 3rd party products are infringement unless the creator themselves explicitly endorses that specific product as theirs
yes! i agree wholeheartedly with you.
More of this.
I personally think that if people actually took time to know Cristine, they would’ve definitely gotten a “red flag” alert in their head when they saw the bottles at B&BW. I haven’t been keeping up with the podcasts, saw this vid, and I’m genuinely surprised people fell for the marketing by a big retailer (aka bought them quickly) without doing a quick search whether she did a collab or not. I also highly don’t think she’d be the kind of person to collab with big names but rather support small businesses (like how she did for her holo nail polishes before opening her own)
@@StoneOfMoon agreed. Also Christine would announce it on social media that she was doing a collab or releasing new products etc. So that shocks me that people were so excited, bought the products but also asked "when were you gonna tell that you were in collab with Bath and Body Works?" Almost like she had hidden something. My point of view on these tweets in the video and how people "pretend" to be fans. Like come on 😒
No matter who it was though, they should’ve cross referenced and realized the name was unavailable
"Didn't realize" it was trademark pending?! That's ABSURD. In my day job, when we submit art concepts we have to search and clear any phrases and store screen caps of the trademark search results with the documents (along with fonts, images, stock images, etc...) so we can show we did our due diligence and that at the time we created the concept it was not trademarked or pending trademark. It's crazy how much trouble I would be in for skipping or faking this step, but a retail store didn't even try? I'm so mad.
Yeah I seriously call that bs. My guess is that they knew why they were doing and knew it was going to make profit since cristine has a big following.
Not taking responsibility is a big issue these days.
Guarantee they did do their due diligence. I used to work in Columbus retail so I know how L Brands (BBW) and the like operate. Additionally it takes 9 to 18 months from concept to distribution in stores. It’s not even like this is a quick operation and they have to rush steps in the process.
there are literally patent lawyers available for a large company like this. they clearly didnt do their due diligence.
These big businesses are very familiar with these different RUclipsrs who are influencers, and seek out collabs with them, so it's totally ridiculous to think that this was done on accident.
Idk if anyone has said this yet, but DONT NOTIFY THE RETAIL EMPLOYEES IN STORES ABOUT THIS when you see stuff like this. Store employees for chain retailers do not have anything to do with products they sell and have no power to make change on a large scale. I’ve been a chain retail employee before and have had people come forward about questionable legal things on products, and I can’t stress enough how little power a single store employee has over that. Shame the company on social media, contact corporate. Dont make store employees feel bad when they cant do anything
Yes! Or they ask you about the prices, like I don’t make them!
Are people actually that dumb? 😳
@@JoanaCandido yes they are. I work at an office supply store and the other day some dude calls complaining that his mailbox got ran over by ups....but he called saying we are responsible since he bought the item online from us...like....w0t
@@nyutonzzz I would give my first born to hear him defend that stance lmao
Who would be so stupid to go talk to the employees? 😂
It would be like them putting “hey sisters” on a hand sanitizer and getting mad that James Charles said something about it
@Melody Ackerman I would assume he does considering his merch is almost all sisters related
I’m not OK with him being able to TM that.
@Melody Ackerman but if a trademark was pending on it, it'd be messed up
@Melody Ackerman What is your point? She had a patent pending, your comment doesn't seem relevant.
@Melody Ackerman I believe the original commentator meant JC's original catchphrase "Hi Sisters" but got it mixed up with "Hey Sisters". So is it still legal/ethical for B&BW to put "Hi Sisters" on a hand sanitizer bottle assuming JC owns the trademark to "Sisters"/"Hi Sisters"?
Assuming the original commentator actually meant to say "Hey Sisters"-still, JC's audience can get confused between his original catchphrase and "Hey Sisters" since it's pretty similar. Yes, this is a generic phrase but he still has the right to speak up about it and consult with his legal team if his audience is misled into believing he's affiliated with B&BW (Even though he himself stole from Teddy Fresh, but that's an entirely different conversation). Of course, this also depends on the font and miscellaneous designs used as well. If B&BW's design is really similar to JC's font/design, then he definitely has a chance of winning this hypothetical case.
TLDR You're being rude over this hypothetical JC situation hOnEy. rEaD.
Christine: *serious*
cat: ( * )
when the camera focussed on it omfg i dieeeeeeeeeeeeed
Underrated comment
It's CRISTINE
You are not a real fan
It’s a simple mistake, relax
@@RimFaxxe autocorrect lmao
It’s the packaging and font for me honey. It’s way too close to your branding I no doubt would have thought it was a collab and be confused.
I am allergic to all BB&W, so I would have looked twice to see if it was a clean product from them instead of the usual chemical mayhem honestly. It really does look like christine's signature
@@joyandrus1717 I can never use their soaps because it breaks out my normally mild eczema into burning and bleeding and bright red. I didn’t used to be able to use lotion there either but I’ve been able to use their new marshmallow pumpkin latte lotion! So nice and soft, but no idea wtf they put in the other stuff that’s not in that
It’s meant to be for Adele’s song “hello, it’s me” so if anything she stole it from Adele. This is so dumb
@@kirstencooper3917 yea but she popularized holo it’s me
@@kirstencooper3917 She didn't really steal anything from Adele. shes saying HOLO for HOLOGRAPHIC, not hello. and she is obsessed with Holo. Yes Holo is a different way she says "Hello" at some times but I don't see how its stealing when its two completely different words
This should be a case study of trademark infringement.
This was fascinating, but Zyler was the star of the show
Zyler anus focus lol
The forbidden cheerio
😁 Too true.
@@MAjYQSammi, 🤣🤣🤣. My new favorite term!
I came to the comments just to see and damn!!! I am not disappointed!!!!
I appreciate the fact that she felt more upset with them taking advantage of her fans over losing potential money from the collab, hands down the best influencer.
So now is the time when you should actually make holo it’s me a hand sanitizer!
It will sell out in days!!
Minutes ^^
“Holo it’s actually me.”
Minutes!!
@@AT-sx2jp 😂😂😂😂😭
It sounds like they were hinting at it. They specifically said “at that time” they weren’t thinking of making hand sanitizer implying that now they are
This is such a educated and we'll worded argument. No shaming or insulting the other party. Well done guys. I love you both and your professionalism. You run a company too and so do they.
I worked as a graphic designer for Bath & Body Works, and what they’re describing is one of the big reasons why I quit. I felt like my job was a full time plagiarizer, and as a designer, it just felt so wrong.
That most likely wasn’t some clueless intern, as Ben said, who took the phrase and design. It also wasn’t their intention to try to trick people into thinking it was a collab with Cristine, I can say with almost full certainty (though that was the result,) but most likely
A: an art director saw your product’s design, liked it, and just decided to take it, or
B: they were looking for a catchy phrase pertaining to holo, came across Cristine’s phrase, liked it, so just took it (doesn’t make it right though.)
I wish your comment was upvoted more
Yes this! I didn't work for BBW but some other company and this is exactly how it goes. We're just to go on google and pick what's trending or popular and rip it off. Sometimes the research team comes up with a list of trending shit and just tell us to make some stuff based of it. There's no real "original designing" to do for us designers...
Then they should be penalized whether they stop or not... otherwise it will continue but for creators without a law firm behind them :(
@@KryaDiere Well said. I had my logo completely taken and used in a phone book ad for another company. As a graphic designer I couldn't deal with unethical people.
@@GardensOfChina thanks for reminding me to upvote
Guys, they weren't blaming the intern. They were saying maybe this was an accident by an unsuspecting worker and not done with malicious intent. I saw a few comments on this and felt I should help clarify.
It definitely wasn’t an unsuspecting worker. The idea that they’d have some intern pick the label terms for a multinational company’s products is laughable.
That’s incredibly naive if you (or they) truly think that. This was absolutely done on purpose, BBW knew what they were doing. I have a beach front home in Kansas to sell you otherwise
And people are probably just clarifying, too. What the actual situation is most likely to be. They weren't attacking cristine or ben for that. They're just spreading info
Even w/out malicious intent though (intent being hard to prove) they (BBW) are still in the wrong
@@alyhugs7223 Please sell me that property then bc even professional marketers make mistakes ALL THE TIME.
My husband knows that HOLO ITS ME is from funny nail artist his wife is crazy about. He would buy this product for me just by name. I briefly told about whole story and even he is furious. Good luck in fixing this issue.
Awww ☺️ such a darling he is both of you are lucky to have each other
That's so sweet. I wish you both the best!
Nice horse!🐎❤
For real. My husband would do the same!
I am furious and I'm not even a regular here. I like this channel and I appreciate them as content creators and human being but if I'm real I don't come here once a week or whatever their schedule is. I come every now and then I look titled and watch whatever I think is interesting.
This isn’t the first time they’ve done this. The candle collection with “The Nook” candle was copied from someone else’s candles. They had to pull that candle because of the label.
😱😱🤔
it would be interesting to see a compiled list showing BBW having a pattern of this.....😏
How, preytell, do you steal a candle?
@@Nakia11798 I'm confused as to why I see you under so many comments so avidly defending BBW. Are you the CEO? That would be hilarious (on a side note I need a job so hmu) 😂 But to answer your question, the obvious answer is one copies a specific composition, design, or trademark rather than a general product. I don't believe you listened to the video since it's explained, but when you trademark a design, it's legally yours and cannot be used by others (without permission). It's like if Mercedes made a BMW and would say "oh it's alright, a car is a car so no biggie"
“It’s a seasonal product will no longer be selling this product any longer [however, we will be keeping the money we made off of you].”
It's at that point where you have to weigh the court cost versus what the law says you could actually get back from their profits. This is why so many artists (myself included) are stuck. WE know the thieves are wrong, THEY know they are wrong, but WE can't afford the court costs (and sometimes not even the full cost of registering our copyrights/trademarks) , especially if it's international thieves. It's the world's worst game of whack-a-mole.
I want to like but u at 333 lol
To be fair, they actually do have seasonal products. However, every now and then they'll sell "retired" products online usually in body mists, lotions, candles etc. Let's hope it doesn't apply to hand sanitizers! I'd suggest keeping an eye out for this periodically.
@@rosxjun it doesn’t apply to sanitizers. It’s only for core body fragrance and core home fragrance. Hand sanitizers are limited.
Jame Paul got a backlash for illegally sell hoodies to underage kids while Christine is making money out of girls
Honestly, the way B&BW handled everything was really immature and absolutely disgusting to me. This isn't even the first horror story I've heard about B&BW, and I really hope that karma catches up to them.
Nothing immature about deciding to back down quietly. It's common tactic to NOT want to get into a legal battle
@@Nakia11798 Was it really “backing down” though? Like, tossing the blame on the victim and offering no compensation sounds like asking for a fight. Just cause they said it was seasonal and would eventually be gone? I’d be like. “Ok cool. I’d like my seasonal cut please.”
I hate when people blame the intern! 😤 If anything, this mistake would be more likely made by an experienced marketer who hasn't a clue about the internet. The one thing young workers have is knowledge of Internet pop culture. Love these eps, that's just something that gets my goat.
Yea I agree! They’re probably underpaid if paid at all too. Even if it was an intern, the responsibility falls on the higher ups that didn’t vet the designs
Oh, these big Ahole companies know what they're doing.
I don’ t think blaming the intern was the goal just saying it’s not purposeful stealing from them
I dont think they blamed the intern... i think they said that the initial proposal mightve come from an intern, but the screwup came from someone whose sole purpose is to make sure stuff like this doesnt happen
Thats just their way of saying that they're not explicitly blaming Bath and Body Works.
They bring back discontinued and seasonal products all the time. I’d say keep an eye out this time again next year for it.
Just wanted to say thank you, Cristine, for cutting up the podcast into these clips! I find it hard (however entertaining) to watch the whole thing, so these come in so handy! Plus the time stamps on the full length ones :D
Was going to say the same thing. Thanks muchly for doing it for me. 😀
I love just putting their podcasts in the background even if I'm not much of a podcast person, but yea it's nice to watch these shorter clips!
Especially her ADHD fans that can't focus on a video that's longer than our attention spans! 😂💕
Agreed I have 2 under 3 and cant ever watched a 30 minute show without having to stop it 500 times so the short parts are awesome
I just wanted to comment that too
Cristine and Ben: talking about copyright infringement and legal rights
Zyler: *B U T T*
The one dislike is from bath & body works
They paid off some employees![This is a joke] Its at 8 now.
31
And now it’s 51...
Man bath & body works do be salty they asked everyone in the warehouse to dislike
Now 81. Bath & body works, really?!
New Holo Taco product: nail sanitizer named "Holo, It's Clean"
You guys are so smart for really planning out things before making a public statement. Even more respect for you guys 🙌
Theyre mature unlike most other content creators on this platform
@@inhaledexhaled5460 most definitely! Much better role models than alot of content creators too 😓
They have never been short sighted in their choices! So refreshing on RUclips 😇 also, can’t relate 😭
That's nice, Karen 😶
Something more creators should do lol
Zyler mooning the camera was very fitting for this topic.
i still check if bath and body works sells "holo" every so often. Im stalking them. They will not sell it again without my knowledge!
Love this loyalty!
@@minacerra i hold grudges like no other
They can sell holo, they just can’t blatantly infringe on someone’s trademark
Love it
@@minacerra same
Working at Bath and Body Works felt like joining a sorority. They were very loose and didnt train anyone that didnt fit their "idea" of who should work there. My first day was literally Black Friday. It sucked. They didnt tell us where the product was supposed to go, they just told us to keep the shelves stocked and customers had no idea that three of the people walking the floor were brand new employees with absolutely no training.
i know this is a serious topic but...the focus on zyler's butt...peak cat prowess.
Yesss 😆 I was looking for this
THANK YOU I came looking for this 😂😂
Iconic
she sounds like she is going to cry when talking about...thats so sad 🥺
A case of rich people stealing rich young people
Watching the hives pop up... I felt so bad for her. She held her composure even though it was physically obvious that she is deeply upset by this.
Whenever I google "holo" on its own, the second listing is for Holo Taco, and there are several other listings for Simply's main channel. It wouldn't have taken them 10 seconds to figure out that phrase belonged to someone else 🤥🤥🤥
I could be wrong but I'm pretty sure this happened before Holo Taco launched. So they wouldn't have been able to Google it and see the site.
@@sageandclovers but I'm pretty sure, she was the first one to really start shortening "holographic" to "holo." Until Cristine started getting bigger, any of us that said holo out loud in real life would get confused stares because who ever would think to call it holo.
@@cyn_na_mini I've been saying "Holo" since 2007. Way before Cristine lol. Its just a weird thing I picked up as a kid. But either way, I'm glad that BBW at least decided to stop selling them, even if they didn't technically admit fault.
@@sageandcloversoh dang, I stand corrected then. I had never heard it till I started watching her videos. Not that I'm saying she came up with it. More that she popularized it, and even if "holo it's me" hadn't been one of her sayings, googling holo even 3 years ago would have pulled up some simply videos
@@cyn_na_mini card game players have been saying holo since forever for holographic cards
I'm so distracted by Ben's 'stache... looking like a 70's cute dad lmao
11:50 - that’s the kicker - any company naming shades/scents/colors needs to check that their proposed names aren’t legally owned by someone else. Since B&BW is a huge company naming candles and scents each year, they should REALLY know better. Somebody cut corners on their standard development process. It’s gross.
Spot on - if it was reversed and there was an Etsy maker that maybe didn’t know, that’s one thing. But for B&BW, there’s really no excuse.
@Nevaeh Stocker A billion-dollar company knows that the legal costs of having to fight something like this is less than the potential revenue earned. That's business ethics for you.
Know i m late but theya also did this with the candle "The Nook" it belonged to someone else
Bath and body knows their business. They work with instagramers and youtubers. Every second influencer does light some scented candles and praises some cosmetics. I don't pay attention if it is bath and body or anything else. I do my own stuff.
But others buy then.
Of course they knew Cristine 's channel.
The cat popping into frame😂 the cat was like “hey give me attention”
I only watched for the cat.😆
@@debbimor8003 haha, I love that😂
I mean, if you have a trademark, you're obligated to defend it.
Though the B&BW thing was probably an honest mistake from an overworked design intern and a lack of legal vetting on their part, If you chose not to legally pursue it or call them out, it could weaken your case for future cases that ARE maliciously trying to infringe on your trademark.
I would hope that is the case, but the creative interns likely wouldn’t have had the opportunity to “come up” with the phrase to design, and if it was an intern who designed the packaging it would have been seen by many many people before packaging designed by an intern would’ve been given the a okay to put it into production. My worry is that it was intentional to hit a teenage audience with their hand sanitizers.
@@moniquetondato5538 it definitely seems like it was done intentionally... One of the high up’s probably have a child who watches Simply and they’ve heard ‘Holo it’s me’ a billion times.. They probably looked up the term, saw her following numbers and then translated that into dollar signs... BBW knows it’s demographic
@@moniquetondato5538 Not only this, but as someone who was once one of those creative interns at a company- even then you check your stuff and look in the free trademark databases.
I think it's doubtful.. that they used such a specific phrase with out knowing who it belongs too..
that phrase is basically part of a brand.. like "5 dollar footlong" is specifically subway (though there's other sub shops out there.. none would use that terminology or they'd confuse customers into thinking it was part of subway)
She did not have an active trademark as of the release. It was not a registered trademark when Bath and body Works used it. It was pending and the waters are murkier. But it’s hard to defend a trademark that didn’t even exist at the time. It was not illegal what they did. The sad part is is that they will probably put a lot of money into the legal system and it may be for nothing.
"Holo its me" hits too close to home for it to be okay
To my mind, their argument of “well, the consumer/market isn’t confused [anymore]” with the evidence being the tweets (presumably?) is easily brought back to them as looking at the wording of some of the tweets that were very clearly “well *now* I’m upset about this” “I feel bad buying this *now*” as it implies there was initial confusion leading to the purchases?
Does that make sense? Like how can they claim that those tweet are evidence of an understanding, when their were plenty that were phrased in ways that implied the confusion.
Anyway, glad things got resolved and with little fuss.
not to mention tweets are dated. they could argue "tweets prior to our statement on x date show confusion. tweets since x date are aware that we are not involved"
I’m not so sure the lawyer’s purpose was to be clear and specific...rather it was to cast doubt on the legitimacy of their complaints of copyright infringement:
I know B&BW really does seasonal items they never bring back but if this sold super well and during the pandemic...I feel it may have come back if the SN brand had not pushed back.
Good for them getting that letter confirming the stop!
I'm sure they know, but in their reply, are just using all the arguments they can to defend their position, even if it's a stupid ass one. The saying "deny, deny and deny" is an accurate one to describe legal tactics.
Yeah, and i think the timeline would be pretty clear. Like clearly the confusion was cleared up WHEN Christine cleared it up, and it shouldn't really matter because it was TM infringement. But... Idk...
Tsk
Ben and Cristine are very well educated to fight these kinds of immature things with grace. That's why i love these two rather than any dramatic youtubers out there trying to sue everyone and crying everytime on their vlogs! My goodness!
I mean I see your point but dramatic or not, if its infringement they are allowed to do just that.
I was just about to say I completely agree with you, but this is one of the cases where they are genuinely entitled to cry about this online haha
Ben is a podcast nature! He has such a calming voice!
if BBW was really so innocent, they would not stop selling the products (the production cost), they knew they have done something wrong, and wanna settled it quietly....
that's because they're not at all innocent when it comes to stealing people's stuff, historically. Their entire existence and brand was stolen from a different business and they got away with doing so
they know when they've been sprung
As a former employs of BBW, they discontinue items like crazy. So your favorite lotion, scent, or even like could be discontinued eventually. They have items that are seasonal. So it’s not surprising to me they discontinued the hand sanitizer.
Oof, that sounds really rough. I feel like it's too forgiving to assume it was some intern. This feels intentional...I guess you have to watch your step because B&B may be listening.
I wouldn't necessarily go so far as to label it intentional. It seems like a very minor thing to use one slogan of one RUclipsr on one of the bottles of hand sanitizer when all the others in the collection were completely innocuous. I do think it was a mistake from someone who didn't realise it was trademarked, or some intern who's a fan didn't realise (didn't have the legal awareness) that this is trademarked and thought it would be super cool to have that slogan on a product because they're a fan, too.
It’s true that it very well could have been intentional. But what do you mean B&B might be listening? I guess my questions is, why would it matter if they were?
@@caitlinstone596 If the case is on-going and Cristine publicly stated that it was malicious on their part, B&B might use that in the case as slander. It isn't legally proven, so Cristine can't publicly say that they did it intentionally to take advantage of her. It would cause her legal trouble.
@@Alex-sv7vt Ah okay, that makes a lot of sense. Thanks for the explanation!
I think it was an oversight by Bath n Body works with no intentional harm. I don’t think B&B pays attention closely to super small products like hand sanitizer to do their research on that. With COVID and lots of people loosing their jobs this year, I think it was an oversight.
When you are a Simply fan and you work for the B&BW 😬
I remember putting these out...
Girl, same! 😳
You should probably still have sued them for damages and lost of revenue due to this product that they are selling. It might be true that it is not worth the time and effort to do this, but brands like this shouldn't just be getting a pass like that for infringing on copyright.
The argument for that though is that they had a product that was not already in the market so how would the argument of lost revenue work in this case?
It’d be a loss if that was the leading argument in a case of them suing..
@@sleepyaven but it’s trademarked, there are confused customer buying it thinking is associated with simplynailogical so they are making money off another company’s fame
@@jamesken6182 but they didn’t lose money because of the confusion. That’s the argument, and why it could be denied..
@@sleepyaven the lost revenue is the money they’re not getting from the sale of a infringed product
@@jamesken6182 they would have to prove that customers who would’ve bought Holo Taco’s products instead took their business to Bath & Body Works.
Most companies actually have lawyers who literally approve all of this stuff and research to make sure these things don’t happen(to avoid legal suits)
I felt so seen when Ben said “if you’re the kind of person who looks up people’s trademark applications” five minutes after I looked up your Holo it’s Me trademark 🤣
when a privately owned business like holo taco does a better job at research than a major corporate company.
That’s such a weird response from them though? Like..there are date stamps on all social media? You can point out that those comments were made after you posted the clarification. That’s like toddler level of reasoning.
My guess is that it helps the lawyer cap the damages that B&BW have to pay up to Cristine if she ended up pursuing the trademark infringement action. Since the product was only confusing from X date to Y date, the damages should be calculated based on the products sold during those dates, and not after Y date, when there is no confusion. :P
as an employee of bbw and as a fan of yours (been a fan/subscriber longer) i saw these when we got them and i was like 😬😬😬 oh dear
edit: also as an employee i can 100% confirm that stuff like that usually is only out for about 3 months at most. We only got about 3 boxes of it at my store in total (96 units) and then we never got any more of them.
I remember seeing that hand sanitizer in the store...I thought at the time that they had ripped off of your signature saying, but didn't ever think about if you had a trademark on it or a pending application. I'd forgotten about it until you pointed it out on the podcast!
I don’t think it was an intern. Those things go passed lots of eyes before becoming a product.
The irony of ben wearing teddy fresh reminding me of how james charles basically stole their design as well
that situation made me so mad because of his response 😂 james really defended himself and etc and then says “oops haha we did sample one of your colors” or whatever to the CEOs husband in instagram DM’s like.. what 😂😂
Also a small Aussie brand Buon - exact colours and placement.
RIGHT
Wait what happened? I missed something!
I've made it a practice to ignore James's existence. I use to like him but I come here to escape drama and drama is what he thrives on.
I love how educated and professional this couple is. I hope it turns out well for you guys. 🤦🏻♂️
I really love how you approach your merch and your trademarks being violated. The way you talk about it is always very calm and well thought out, which is really refreshing as a long-time follower of the beauty side of RUclips. 😅
Honestly any time I see something “holo it me” be that hand or nail related I would still think you had collaborated with them the saying is your catchphrase it’s like if they used “ I’m Batman”
It’s Adele’s song “ hello, it’s me” not simply nailogical
@@kirstencooper3917 Actually, isn't it a parody of hello, its me from Adele's song hello. So shouldn't that make it, its own separate thing. Cuz I don't think people are allowed to rip off other people ideas, even when those ideas are parodies of someone else's idea. Long story short, just as "eat it" by weird al is it's own entity despite being a parody of "beat it" by Michael Jackson, so too is "holo, it's me" a separate entity.
@@kirstencooper3917 the thing is that isn’t where holo it’s me originated and it’s not like Adele can copyright just normal English words that anyone and everyone can and probably have said. Holo it’s me became more of a catchphrase or slogan by her over the years and especially now that she has a business that brand should have been respected. Holo it’s me has no correlation to Adele.
@@sleepytoons2155 it has some correlation can't deny it but yes it can be trademarked still
@@katlyncoker8488 Ding dong. That is correct! People think they're so clever and unique for coming up with the same stupid pun as fifty other people. If it ain't trademarked, it ain't yours.
You two trying to have a serious conversation; your cat just trying to show off his butthole to the world. When your camera focused in on it I died 🤣
Same 😂😂
LOUD Lacquer also released a holo line with the phrase “Holo there!”
I feel like that is really just a common phrase. I’ve had friends say that.
@@Xxmilkshake202xX but when you match it with holographic glitter or design it’s harder to separate from Cristine, as that is her brand.
@@parryyotter Just because it's her brand doesn't mean she gets to lay claim to all phrases making puns from 'holo.' That's Taylor Swift trying to own slang she didn't invent level crazy.
the camera focusing on zyler's butt at 8:03 lmfao
I like em thicc I like em fluffyy
😂lol
Can we appreciate how well simply handled all the drama. Like she did everything she was supposed to. Refreshing break from typical RUclips drama.
💯
It's not the first time bath & body works has had this trouble there was a candle they sold maybe two years ago that was almost a exact duplicate of another candle as far as the look of the packaging, it was called Nook If anyone wants to look it up
The “it’s seasonal” is actually their go-to defense. They are pretty intentional about their lack of IP research. There are about a dozen other instances of infringement where they have done the same thing. They know an infringement case can’t be resolved in the 6-8 weeks a seasonal item is in their stores so they chuck a product out there, get their money and then shrug say “my bad” and never pay licensing or damages.
I died when the camera focused on the cat’s bum 😂
I’m glad you’re educating the public about IP. I wanted to get into IP law but it’s hard to get into :/ I’m glad you guys reached out to them and while they didn’t provide a satisfying response they were still scared enough to stop selling them 🤣
No its not
@@thegayestgoth ?
@@thegayestgoth no what's not? What do you mean?
Here's my take on this: First, I applaud Ben and Christine for staying somewhat level minded about this because god knows I'd be livid. It's not only the slogan they stole from you, it goes down to packaging and lettering! I was in graphics design and you learn about fonts, marketing, and designs for products. There's just no way they "stumbled" upon your saying online and were like "Yup! Let's use that," and they're done. Definitely, the team who was involved in designing the labels knew your line, (perhaps the rest didn't), and they took their chance to use your branding without knowing the legal justifications or thought you wouldn't press into the matter. But you did. Very interesting take on it though and how they responded. I totally get why they said what they needed to say in terms of legality, BUT it would have been nice if they just admitted to their mistake and said they'd be a lot more careful moving forward with branding. They're a big company, and to profit off other artists is a big "fuck you" to all the hard work you did to make it here.
Thumbnail: HOLO-
Me: CLICK!!!
"HOLO IT'S REALLY ME" sanitizer!!!
Thank god I never bought it since it didn’t smell that nice anyways lol
It’s honestly an a-hole move in Bath&Body Works case
I can think of multiple phrases that use “holo” that aren’t trademarked (not a marketing expert) - “holo there” “holo, beautiful” “holo from the other side” etc. what a shame 😞
I wonder how many other people they’ve taken advantage of without their customers knowing anything about it. I doubt this is the first or only time. Really shows how shitty they are as a company.
It’s not just them, pretty much every designer has had this works ripped off by places like forever21, fashion nova, efc
yeah most companies do things like this. its just “business” so i wouldn’t say it makes them shitty but it is frustrating
Just another reason why I don’t shop at places like this. I think it definitely does make them shitty if they take advantage of people and then back them into a corner so they can’t do anything about it. I mean I guess it’s not surprising since places like Forever 21 and Bath and BodyWorks have like 0 ethical business practices.
@@mango-mw6if how is it not shitty to do that though?
This is so common. I've seen artists who are quite big with original designs on Etsy, who have had their art flat out copied/stolen from big companies and passed off as Their own. It's disgusting.
its like the child argument of
"IM GONNA DO THIS THING... BUT NOT BECAUSE YOU TOLD ME TO"
That final "P.S." was just a slap in the face. I think it's important to talk about the ethics (or lack thereof) behind certain business practices. I think you handled the situation professionally and responsibly. However, this situation just sounds like a big corporation shitting on a small, independent company. Their response sounded like they didn't expect you to fight them, in fact, you didn't even have the right to. Of course, this is merely my perspective...
Why don’t they have a right to take BBW to court for copyright infringement?
@@McNightenGrace Technically, they came to a resolution without heading to court. Of course, Cristine could always have sued BBW. Realistically, with Holo Taco still in its infancy, I think the amount of money needed for lawyer fees wouldn't have been worth it.
@@MikuruChan123 I know, but I’m asking why you said “in fact, you didn’t even have the right to.” Like why do you think she doesn’t have the right to fight against the corporation?
@@McNightenGrace ah, you mistook what I wrote, I should have written it differently. What I meant was that the response BBW had to Cristine made it sound as if she had no right to fight back. As in, no ground for speculation. But she clearly does.
Despicable!!! I don’t think it’s interns even anymore picking designs. I feel like they just use algorithms alone, and assume the artists they steal from are too poor to stop them.
there was an experiment on twitter about a few months ago where people would post pictures of random doodles/ squiggly lines and then spam comment under it “ damn i wish i had this on a tshirt! “ not even five minutes later someone would find a brand that had already stolen the picture and put it on everything from hoodies to bottles , obviously the work of bots , probably devastating for small artists that get their works ripped off
@@himboirl that's not on any real person. That's bots creating advertisements based off of your interests. The likelihood of them actually having the product is low, and the ones that do are literally just quick-print businesses in countries without these sorts of copyright laws, run by AI.
B&BW is not run by AI. You can't really steal a few words written in a common windows font, unless it's trademarked.
All the IP and business info you guys talk about is so interesting and informative. Thanks!
That was actually really informative. Im a graphic designer and am sometimes asked to come up with names of products. Now, i know enough to at least google the phrase and check to see if something already exists with that name. But id never thought of looking for a trademark catalog.. probably because im expected to be wearing multiple hats here. Graphic designers are notoriously considered a jack of all trades: marketing, design, copywriting, legal, product design, web, literally the list goes on and on. The fact that my company is small doesnt help. But even in a bigger company i wouldnt be surprised if they left it to the designers and, as you mentioned, didnt do their due diligence over in legal. Fascinating stuff!
Next time, tweet a gif of Rihanna saying, "Bish betta have my money!" Everyone will know. 😉
Lol, that really should be a universal 'cease & desist' tag 😂
It's refreshing seeing an actual professional response from a youtuber unlike some other chaotic ones in the past.
in conclusion, screw bath & body works
God I just adore these people. They’re so smart but full of personality and I love how true their intentions are with their fans. I fully trust they would never try to take advantage of their fan base
So... screw Bath & Body. Tho luckily I didn't like em to begin with 😅
I’m sorry but their candles smell too good...
@C T true
@C T cause it wasn't selling enough
@C T It’s a marketing strategy to keep people buying. I used to work at B&BW and a lot of the time, when they release a “new” product, it is more often than not an old seasonal product that is simply renamed and put into new packaging. And because of high employee turnover, if you ask an employee about a product that’s similar to the discontinued one, they’ll likely not have a clue about what you’re talking about because they’ve only worked there for a couple months. Sometimes when they discontinue a product, they’ll pull it off the shelves completely and pack them away to create “hype” for the product. They’ll end up bringing the product back from the dusty corners of the storage rooms during semi-annual sales in a year or two. I also remember during one of our semi-annual sales the company sent our store 3 - 4 year old discontinued lotions to sell 🤮
Edit: I also wanted to add that this is why I think they don’t clearly note the expiration date on their products. After 3 years of working there, I’ve never seen an expiration date clearly written on anything in the store. They only have a manufacture date written in code on their products. For example, if you see 6103T1A1 the first number indicated the last digit of the YEAR it was manufactured. So 6 will mean it was manufactured in 2016. The next 3 numbers will indicate the DAY it was made during that year, so the 103rd day of 2016. So before you buy any products from that place, make sure you’re looking at the dates on the bottom/back of the bottles! If you have sensitive skin I would recommend against B&BW products in general lol.
@@LilChibii this is true. I just quit from there from only working there for about 5-6 months
8:02 i just started laughing youre just trying to talk about something so serious and from both angles, is cat butt lol i love that you allow your kitties in when you stream, it makes me happy!!
Months ago, I noticed something similar to this case. I don't know if this is at all relevant but I wanted to point it out anyways. In a german drugstore I saw a nail polish named HOLO. IT'S ME. (number 702) from ANNY. To the best of my knowledge, Simply didn't collab with ANNY. But I am not 100% sure. I found an article about it from February 2018, so it has to be around for quite some time. I am definitely no expert in law, but as I said: I just wanted to share this.
I don’t think it really matters what German stores are selling. She stated she was trademarked in America and Canada.
I’m not 100% sure, but I believe if she isn’t trade marked there that brand is not infringing on her business.
@@Megan-oy1qc You can be right. Sounds plausible.
That’s in Germany love. She trademarked in the US and Canada. So outside of that companies can technically do that. Should they? Morals.
You're absolutely right..I just wanted to get this out of my head :)
I just thought about that time to time.
Ikr? A bit brazen imo but doesn't really matter as it seems.
Thanks for the clarification
@@alinaschulze9276 I think of companies from other countries reached out and said “hey I know you’re not trademarked here but I would like to work with you” that would go so far in revenue and respect.
Ben - "We don't plan on making hand sanitizer"
*3 months later - Every brand wants to sell hand sanitizer*
The lesson here:
Choose when not to forgive and when not to forget
Beyn’s mustache kind of makes him look like Ron Swanson
Interesting that your other example was “Slay all day”. That’s the name of Gerard Cosmetics setting spray.
Slay all day is honestly just a play on the Christmas thing Sleigh all Day so its not necessarily a tm
@Melody Ackerman True. Just interesting that at least two were from beauty products.
@@eegeee9483 To me that's the issue. Holo isn't unique to Christine an 'Hello it's me' makes me think Adele more, so for them to try and give heat over two generic phrases like that because it's her catchphrase is silly to me. Greeting card companies would be under water with all the puns they use if people were this pressed over generic phrases.
@@grimgracious Except she successfully filed for "Holo, It's Me" and hand sanitizers are kind of within the realm of nail polish companies (alcohol based products). It would be different with greeting cards because her patent wasn't that broad.
Awkwardly staring into the cat butt
The camera focuses on cat butt
Uh
LMFAOAOAOAO
The audacity to say there's no confusion because of the comments.
@Melody Ackerman yup. lawyer s pretty smart
Lawyers are paid to defend your legal rights, not kiss ass
I remember when that hand sanitizer came out in my local store and I remember being 100% skeptical about it and kept thinking if it was actually hers. Until she made that release on Twitter. Glad I didn't end up buying it. Love you Cristine!
completely unrelated, and I don't want to take away from the seriousness of this topic, but ...
that is SUCH a good focusing on the cat butt. SUCH a good job, Zyler
So typical of a big corporation glad you went after them. Of course they would use any excuse possible.
My husband is an IP attorney. These situations always peak my interest.
"If you're the kind of person who looks up other people's trademarks..."
Me *an aspiring trademark lawyer about to finish law school*: "Ben, sees me 😱"
They really tried to bully yall that's triflin. Idk that much about IP law but the fact that the argument that there wasn't any confusion has any credibility is wild.
B&BW absolutely can't say that there doesn't seem to be any confusion cause Cristine literally has all the screenshots of people being confused. She also has on her twitter the exact time in which she posted that she is not affiliated with the product so she can prove that the perception of the customers changed only after her tweet
Hand sanitizers really do only remain in stores for a week or so, especially the ones with phrases like this.
The business podcasts are sooo interesting. I would love more of these. A lot more of these.
Wow they really dodged Cristine's bullets😒
came for the tea stayed for the hypnotic Zyler tail
I love how mature they are about these situations. They could just absolutely go off but they don’t. They handle it like adults are supposed to handle it.
I dont shop there because how shady that store is. And after this. Nahh I might go protest
Literally nobody :
Not a single soul :
Zyler showing up his 🔆