Beauty Brands Who NEARLY Got Cancelled

[@annabannanawahwah]

I will never hate another brand more than I hate fair and lovely. I remember being forced to use it by my mother-she wouldn't let me go outside to play without it. It never ever blended properly , and always turned ashy. The kids in playground would make fun of me for" trying to be beautiful". One particular insult that sticks out can be loosely translated as "the crow thinks it can turn into a dove using fair and lovely." now as an adult I can laugh at how ridiculous the whole thing was, but as a kid, it really had me belive I was inferior because of my skin tone.

[@miriamhavard7621]

I'm so sorry that happened to you. 💔

[@DimaRakesah]

Uhg that is terrible, I am so sorry!

[@tiffanyh1274]

Wow that’s horrendous. Kids can be awful and so mean. I’m sorry that happened to you. I know that when you’re constantly teased as a kid, it leaves a permanent scar. You’re not alone. I’ve had a similar experience. Keep your head up. You’re beautiful.

[@Tetiana.Podobailo]

I am sorry that that happened to you…

[@Valeria-sx7uv]

...it is really not that funny that your mother pushed you do something you did not want because of her own beliefs. It is fucked up :( I am sorry that you have to go through it ❤

[@Neonusrat]

Never thought I'd hear a western influencer speak on how wrong fair and lovely is, thank you James!

[@naxp42]

Yes thank you, James! And I'd say their branding is more based in colorism than racism (which is similar but very different!)

[@LilithMorningstar23]

A lot of people even being white, knows that whitening products are horrible, they're practically hating on our skin, I hope you are well

[@minagica]

​​@@naxp42 they were effectively trying to make money off of colourism. I remember being outraged when I found out such products existed and how sad it was that people felt compelled to use them, how sad is that? But they always tell us to hate our skin no matter what colour we have, in the west they try to sell us tanning and self-tanner, nobody can win but the companies 😔

[@kayk6330]

​@@LilithMorningstar23 the person means western influences dont talk about the specific brand fair and lovely

[@LORITOTH29]

I get its wrong. But i also look at fake tanners and tanning beds (which cause cancer) as just as wrong. I live in a predom black area and in the summer i am very dark. I have olive skin tone. However, in the winter I am pale. The names i was called and the comments made and told to “go get a tan”. For no reason and addressed out of no where- like i wasnt complaining or skin color wasnt a comment. My sister actually was so influenced by these comments that she went fake tanning - she got SKIN CANCER at age 22. 😢. Im not even playing. I keep telling ppl “who CARES how dark or pale u are- your skin shade is sooo pretty and doesnt make you ugly”. I also comment now to ppl when they make fun of me in the winter “whats it to you- what does my skin shade have anything to do with your life! How does this impact YOU” 😂

[@Nixx0912]

I haven't heard about the Jo Malone thing, but it's absolutely disgusting. I feel so bad for John Boyega, they basically stole his work. He should have been able to sue their ass dry for that.

[@reba738]

It's awful, but I also feel sorry for Jo Malone too, she started a successful business, left, battled cancer, has nothing to do with the brand and was standing up for John, calling out the B.S, but getting constantly attacked on social media when it had nothing to do with her. She seems like like a really sweet and reasonable woman. John's advert was a beautiful piece of art, with a lovely backstory, fair play for him for standing up for himself and leaving the brand. It's awful what they did to his creation.

[@dionneking8]

do you know what happened to fraink white skin lightening products

[@RoNiobium]

Boyega really got screwed over, by both disney and jo malone.

[@MsBevanChuang]

It’s like when Kim Kardashian wanted to trademark “Kimono” which was one of the dumbest thing that she could do. Legally I’m sure she could but ethically stupid. And when theee people claim a cultural term it’s dangerous and harmful.

[@DancingAngel2011]

Came to write the same!!! Trying to ™️ parts of any culture is disturbing- especially when one knows next to nothing about it.

[@londonmellow]

I still believe she did that on purpose. so she can gain some type of attention. they just love to create outrage to promote their stuff

[@Kaeracter]

I'm not familiar with what she tried or wanted to do, but she wouldn't be able to trademark the word Kimono. She would be able to trademark Kim's Kimonos (for example) as a whole phrase. If it was granted, it would include a provision that the trademark doesn't protect the rights to the word kimono separate from the phrase. *This is a separate conversation than the ethical cultural issues.* There are currently 12 granted trademarks that include the word kimono (including logos) and at least 20 more that are pending.

[@raymichelle6635]

Legally, I would say she couldn’t from the standpoint of US trademark laws. You can’t trademark categories, only names of products or a company. While one could argue that Kimono is a name in this context, it is also a category of clothing so cannot be trademarked. It would be like trademarking the word “t-shirt” or “foundation” because you named a company either of those things. The fact that Kim thought she could get away with not only trademarking kimono but disrespecting the traditional clothing by using the name to make lingerie is so disgusting and shows how entitled all of the Kardashian-Jenners are.

[@aff77141]

Fortunately things like that would either be denied or come to be like bandaid and such--so commonly used that you're not allowed to enforce the trademark anymore

[@rchltrrs]

Stryx was being shaaaaaady as hell!! Everybody makes pimple patches now and it's really damning that they sent a cease and desist to a small company and not like loreal or something. It was an attempt to intimidate, for sure. I also can't believe that they didn't realize that an American company trying to trademark something from South Korea would look bad. Diverse staff or not, it smells a bit cultural-appropriation-y...

[@nikki2370]

I find it funny that theyre back tracking. 🤣

[@UnpurrfectRobyn]

Definitely makes me want to support David Yi's company GoodLight, that's for damn sure!

[@Melanie-sj8mm]

I also think their trademark attempt will not work as you can't trademark something that is already that widely used. Their research was terrible if that was the outcome. And they already put the TM sign next to the word Pimple Patch on their website, which I think is illegal if it is a pending topic.

[@DimaRakesah]

Makes you wonder where THEY got the idea to make pimple patches.

[@athenatanyimin4035]

I mean, Kim Kardashian tried to trademark Kimono, so I can't honestly say I'm surprised. I'm not surprised, I'm just disappointed.

[@peachphs]

The pimple patches drama is just stupid 🤦🏻‍♀️😂 I remember using Loreal pimple patches almost 20 years ago..I cant believe they tried to pull that BS

[@Sammy-sm4yg]

I am from India and i can 100% assure you that Unilever is straight up lying about the concept of Fair & Lovely. One needs to have no degree to understand what an advertisement is trying to convey, the name itself explains what they stand for. The consistency of that cream is like baseline Nivea cream mixed with a talcom powder. On brown skin, it looks like cream paint, just what you would look like if you use a lighter shade of foundation which will eventually turn grey. Fair & lovely received alot of backlash and big pages like "Diet Sabya" proceeded to share the petition for people to sign which eventually led to the name change. The petitioners were disappointed & disgusted at how they twisted the word and still continued to do the same sh*t. I am NC 42 and i vividly remember while i was growing up, everyone around me used fair & lovely. Everyone who was dusky was advised to use it 3 times a day. Relatives would make fun of you and would recommend you to use the cream for fairer skin so you can be desirable in future to attract decent men. It's disgusting how a cream can feed racism. They made money off the colorism mindset and are still doing the same thing. The lighter you are, the more desirable and pretty you are. Often you're treated on the basis of skin color here. Imagine living in a brown country and being hated for having brown skin.

[@anushapremkumar7356]

I think that’s what I found the most offensive about it. It’s literally the worst moisturiser ever My primary school teacher used to look slightly purple from the pink/grey cast on her brown skin 😭

[@DimaRakesah]

Whenever I hear stories of these lightening creams and the horrible way people would shame others into using them I am astounded. The company clearly made money off of, and promoted, colorism. Full stop. For them to now backpedal as if that was never the point is so irresponsible! I hope they go bankrupt and straight into the trashbin of beauty history!

[@Sammy-sm4yg]

@@DimaRakesah Amen

[@UhaveN0idea]

this unfortunately comes from eurocentric beauty standards due to years of imperialism and even past colonization. i’m half indian but have a really mixed background & it has been wild (and eye opening) to see the different treatment my parents & family members received while living in asia simply due to their skin colors.

[@pearinsomnia9188]

@@UhaveN0idea From Mughal colonization too, not just western. Arab imperialism also emphasized fair skin as valuable

[@laurac86]

“You can also see that I picked at my skin here because I am a fucking idiot” 🤣🤣 That’s such an accurate statement for me 🤦🏻‍♀️

[@yvettebasson1243]

Sitting here with 3 red raw spots and I am right there with you 😬

[@JamesWelsh]

😭😭😭😂

[@defenestr8or]

This actually made me feel so much better, because I made a MESS of my face yesterday and felt so dumb. Thank you.

[@daisyjohnson7588]

I loved the realness here. Feels very validating that even people who are much more serious about their skincare than me are still just regular people who have regular people bad habits

[@nicolemontalvo4560]

The pimple patches thing reminds me of Disney trying to trademark "Dia de los Muertos." Also I think Susan G Koman tried to trademark the color pink they used for breast cancer awareness.

[@oevilone]

Paralegal here: trying to trademark "pimple patches" was a fool's errand; sending a cease & desist to anyone when you've only applied for the trademark is wrong; they did no research and I don't think they had an attorney, imo. Imagine if a company complied & the trademark was denied? They'd be culpable for damages. No way a category was approved as you said. 🖤💜

[@nbrock673]

Hi, I’m guessing your expertise isn’t intellectual property law? Although “pimple patches” is likely too generic to be an enforceable TM, any company attempting to claim a TM must aggressively defend against unauthorized use as soon as they file (if others use the term before the TM is granted, it’s less likely to ever be enforceable.) Sending a C&D would be standard in this scenario.

[@oevilone]

@@nbrock673 I'm going to respectfully disagree. You do mention 'first use' which not only did the Korean brand appear to do, from info in video; but other brands. In other situations the burden of proof is upon them (or obs attorneys) to properly research if anyone else is using it, in what capacity, when they first used it, etc. The Jaclyn Hill Koze drama comes to mind. If you don't have the TM you have nothing to defend. IF you discover someone started to use a name of a product the same as yours (excluding pimple patches natch) AFTER you apply for a TM then a letter, not a cease & desist would be warrantef.

[@msk-qp6fn]

​@@oeviloneyeah you have to already have your stuff trademarked or registered or whatever to have right to file for an opposition to another trademark or something like that yeh

[@nbrock673]

@@oevilone I’m not defending Stryx - I don’t think they have a good case. Someone farther down in the comments ran the TM search and discovered the term “pimple patches” has been excluded from other TMs because it’s too generic. I don’t know if Stryx failed to run a search or perhaps their case predates those decisions. However, assuming they believed themselves the first to attempt the TM, their actions were standard for defense of TM, which is a legal component that must be proved should the TM dispute go to court. Brands can lose TMs if they haven’t previously challenged unauthorized uses (and those challenges need to start at the time of filing, not waiting for the TM to be granted.) Trademark law doesn’t start and end when a TM is granted; brands must aggressively defend their marks to earn or maintain them. An initial C&D would be the standard evidence in such a case. Also, I assume you know a C&D is simply a letter, so I’m not sure what you mean when you suggest a letter be sent instead. (Perhaps in other types of cases you’ve seen attorneys send gentler letters first?🤷🏻‍♀️) It’s been over 10 years since my law school intellectual property classes and I don’t practice that field so it’s possible I’ve forgotten something - if that is your field I’m happy to hear what you think I have wrong.

[@AskMiko]

Had no idea Jo Malone wasn’t affiliated with her brand anymore. Protecting her name is crucial since it wasn’t her decision. Asian markets change Western adverts all the time and some of them are 😮. Boyega’s ad was a personal reflection and feels it can’t be replicated by any ol’ actor. They could have told a new story instead if the original ad didn’t fit the audience

[@kmg3566]

How did I not know about the Jo Malone thing? Wow. Poor John. I recall how they changed dramatically the posters for the Star Wars posters for the Chinese market by totally taking out his image 🤦🏽‍♀️

[@arreis2011]

The Pimple Patches thing... It makes me angry because they singled out this one small business rather than sending a cease and desist to ALL of the businesses that use the terms pimple patch/pimple patches to describe their product. But then, L'Oreal probably wouldn't have even had the mail intern open the letter, haha. It just feels so colonialist to literally try to steal the term from a S. Korean brand that they themselves were manufacturing in S. Korea. The whole thing makes me think their "legal team" is one of those online "attorney connect" things, where the attorney only talks to you for half an hour and can only give a certain number of answers and can't possibly research all the information needed to give an informed opinion. The attorney likely has no idea about the cosmetics industry, so they just gave the best information in that moment- which was "Yeah, if you want to call your product that you have to have a trademark/patent." It's the difference between a product name and a product type, and the whole thing just makes me think "What would happen if Garnier sued L'Oreal for the use of the term 'shampoo'?" Side note- This is the type of crap that comes from people who don't READ or RESEARCH for THEMSELVES starting businesses, when they don't know the first thing about how to run them.

[@shivika1000]

I grew up watching Fair and Lovely ads. You summed it up perfectly. If you're not light skinned, you won't succeed in life is very much the explicit message. It was never about skin health. It's still very much a skin lightening cream, and people continue to use it for that reason. While these terms are not explicitly thrown around anymore , A LOT of Indian millennials and Gen Zers are very conscious and even disappointed in their skin colour.

[@miriamhavard7621]

Sad.

[@AliceintheRabbitHole]

Trademarking “pimple patches” good lord. Sounds like they attempted a SLAPP suit, if for no other reason than to get their name out there more 😑 Which no thanks, I’ve already forgotten their name. Good Light is an amazing brand though!

[@Style_224]

For real how can you trademark pimple patches when that a broad term that basically anyone can use

[@mannypedib]

The fact that Stryks is slyly trying to say the other company should talk to them, teach them and forgive them is so annoying. That letter was delusional and out of line, I don’t have to be kind to you or only speak about this in private.

[@haidehollins]

This may seem small to your other viewers, but I very much appreciated you saying "people of color and black people"!!! As a black woman whose struggles aren't the same as those people of color, it's nice to know that we can be in the same space and not just lumped together. I do remember this ad but had no clue about the cancelation. On another note, John Boyega can get it 😂😂

[@tanjiafatema]

Back in mid 2000s, I remember my roommate at the University in Bangladesh using Fair & Lovely every single day, hoping it will lighten her skin color. Name change isn't enough. Fair & Lovely is just the corporate face of a far deeply rooted colourism issue of the Indian Subcontinent. Every single girl of my generation had to endure through that via casual comments like, "oh she is so dark, who will marry her", or "poor her, she didn't get the fair color of her mom/dad". Or in some privileged cases of comparatively lighter skin girls like myself, would hear "better" version of such comments, "Thank God, she looks like her mom and not like her dad"! Fair & Lovely just used people's mindset for the purpose of cash grab (which is extremely wrong nevertheless). But it's the general people's deep insecurity surrounding the skin colour that bothers me the most. I am married to a white man from East Europe. Sometimes I wonder if my extended family (not parents/siblings) would embrace him with such open arms had he been a black man from USA/Africa for example. I could go on and on... Great video James! And you should definitely think of making a video about colourism in the skincare industry. I see a lot of fear mongering/advertisement by many brown skin "experts" with deeply questionable intention. To me, they seem like hidden colourism with replacing words like "lightening" by "brightening".

[@miriamhavard7621]

💗

[@ruhaninudrathossain9277]

I’m a dark skinned Bengali girl living in Canada and I too had to face these types of indirect comments. I was conditioned to believe I was uglier than my female cousins because they were more light-skinned. But as I grew up and started getting compliments, I dismissed them to be false because of all these deep rooted internalizations.

[@svalinaren776]

I feel so bad for John Boyega, not just for the whole Jo Malone thing, but the way Disney treated him. The absolute gall of some people, he's a talented actor and seems like an all-around lovely guy, he deserved way better imo. Also lol at the Stryx thing, what kind of "research" can they have possibly done? Because I doubt they did any since they couldn't even be bothered to google "pimple patches" before sending that silly list of demands.

[@boobookittifukk]

Oh my god. The colourism around Fair & Lovely. That's why so many people were ecstatic to have Simone Ashley and Charithra Chandran starring in Bridgerton Season 2. You never see dark-skinned Tamil women starring in anything, especially not in India. I'm SE Asian and the colourism is strong and very prevalent still in my country of birth.

[@ephidd290]

the only time that I'll be using skin lightening products is when I want to achieve my original skin tone - and that's it.. periodt

[@LilithMorningstar23]

Asia has many things that are problematic, especially the places that doesn't accept you for being a foreigner I mean XENOPHOBIA

[@beee4758]

@@ephidd290 exactly i use lightening products on areas where i’m more tanned because i was originally very pale and i’ve retained that in my face and feet, so my neck and face don’t even match 😭

[@ephidd290]

@@beee4758 for me it's the face and forehands that doesn't match in skin tone.. it was my mistake for wearing the wrong sunscreen.. still a long way to go to get the same tone but I'm progressing on it.. hope you achieve that faster than I do!

[@beee4758]

@@ephidd290 i never wore sunscreen as a kid + living in australia was not the best combo… i hope you can get your og skin tone back!

[@darklingProductions]

Stryx: We're a small company of only four emplyees. Also Stryx: We're ethically diverse. 🤔

[@raincandy3]

Why is this company JUST nearly cancelled? Honestly, some stupidity needs to be held accountable

[@michelletran8242]

that company were being so unnecessary with those comments 😭 absolutely grasping at straws

[@MyNameHere101]

​@@raincandy3 tbh I think it's hard to be cancelled when literally no one knows who you are lmao. You can't be cancelled when you dont exist.

[@Pinkclouds512]

Obviously you must be at least tri-racial to be considered for employee ent

[@msk-qp6fn]

Maybe they're all of different ethnicity? 🤣🤣🤣🤣

[@ErlonJris]

Fair & Lovely in Pakistan also renamed itself to Glow & Lovely but their adverts are EXACTLY the same as before. They market it as helping you lighten your skin tone. They only changed *one* word in their product name.

[@SniffyTugBoat]

with Fair & Lovely, I believe it could be a colorist thing. my Filipina friend in high school had a step-mom who would constantly badger her about lightening her skin. she said it would make my friend prettier and boys would like her more. they owned a small grocery and she used to nag that they could get the products for cheap, why won't you use them, etc etc. it weirded me out until my friend explained it to me and even then, it was still a little weird.

[@Style_224]

That cringe idk why her step mom keep on nagging her when it not her skin

[@ladylark10884]

skin lightners are *super* dangerous jesus christ that step-mom is awful-

[@hayleirhodes657]

It’s definitely a colorist thing. I’m any culture where there are darker members, there is colorism. The bleaching industry is a multimillion dollar one.

[@sydneywilliams4796]

It is 100% definitively (not could be) a colorist thing rooted in the racist legacy of colonialism

[@LoveYourself-my9nz]

Yup it's not racist but colorist thing. They don't care about your race but color and same race people can have different skin color, specially in India we have fairest to darkest skin color. So they are just obsessed with white skin don't care about your race.

[@linseylinsey]

Every time I hear "metrosexual" I literally cannot believe we actually used to say that. So cringey.

[@JamesWelsh]

I just think or David beckham wearing a hair band

[@linseylinsey]

@@JamesWelsh LOL so MeTroSeXuaL. It just has nothing to do with "sexuality." We've come a long way...

[@msk-qp6fn]

What does that even mean????

[@collfern]

So a cease and desist (at least here in the US) has no legal effect. It can, however, be used as evidence in litigation if the person who received it chooses to ignore it. Seems like like company who sent the letter was just trying to clear the way (basically bully)

[@doctorxjekel]

To me, in my own personal opinion allegedly, it sounds like Stryx was trying to target another brand of similar size and try to pinhole the name "pimple patch" to see if they could win a suit against them. Then if they won the lawsuit go on to bigger brands because they would have already had one win under their belt. But since they got shamed into seeing their wrong doings they backtracked. All my opinion, allegedly.

[@zoe.machethe]

In South Africa, it's called Even & Lovely and it had one advert that was hated by South Africa, it was removed. Since then it hasn't released another advert but you can still find their products in some stores

[@ishabiswas8224]

What the hell is Fair and Lovely DOING in an African country anyway like are they tryna self-sabotage? Lmao they really be hella stupid. I detest them

[@dotsamantha]

I've coveted Jo Malone fragrances for ages. Could never justify the prices. I had no idea about this. I think I'll manage without them now that I know.

[@Happytravellerkimmy]

I bought the Cedar and Sea salt fragrance without knowing about this controversy. It smells nice but then, if it's on clothes, a couple of days later it smells really old. Just like the brand, it does not age well (i.e. you're not missing out).

[@ZijnShayatanica]

Dossier does amaaaaaaazing fragrances!! I bought a dupe of Y for Men by YSL & I'm definitely going to call it an ACTUAL DUPE. It smells amazing, has the same longevity & projection, wears down the same. It's amazing. And it was only $29! They copy a lot of Jo Malone fragrances, but I've never tried any of their interpretations OR the originals, so... I can't say for sure. But it doesn't hurt the wallet too bad to try them out!!

[@gillian7662]

So for trademarks in the US, you're correct that you can't copyright generic or descriptive names. The USPTO is going to have to review whether or not "pimple patches" as a product type is generic in the US specifically that it cannot be used, even if the name is generic in the industry/other countries - for example, Ugg Australia owns the "Ugg" mark in the US, but in Australia, ugg is a generic type of shoe, so they can't tm it there. With the "research" Stryx put into this issue, I'm gonna assume their lawyer ran a few trademark and google searches, and realized that nobody had tm'ed "pimple patches" *in the US*, but it possibly was in use by a few brands that were competitors of stryx. When you apply for/own a tm, one of the caveats is if you're not using and protecting your mark, you lose your rights. So, after filing an app, and launching their product in the marketplace, i wouldn't say it was uncommon within industry practices for stryx to send a C&D to Good Light and any other brands. You hit the nail on the head though by saying that this whole situation is legally appropriate but ethically inappropriate. In my opinion, the application and research was likely done by counsel or their interns who had little knowledge of the beauty industry, bc I would be shocked if the USPTO doesn't toss this out for being generic/descriptive.

[@nbrock673]

You’re right that generic terms aren’t eligible for TM in the U.S. However, the PTO isn’t necessarily specialist in the beauty industry and may grant the trademark anyway expecting courts to hear the full debate when/if the TM is challenged. A judge or jury would make the final determination about whether the term is too generic for a TM. Until then, other brands may choose to continue using the term despite Stryx’s C&Ds, because Stryx is unlikely to sue and risk losing any claim to the TM.

[@nbrock673]

Just saw farther down in the comments someone ran the trademark search and discovered other brands have already been granted TMs for pimple patches with a specific notation that “pimple patches” is a generic term that cannot be trademarked (though TMs may include elements like fonts and graphics which would be protected.) However, I’m leaving my comment here because many people don’t realize the PTO often rubberstamps applications with the expectation that courts can hold full hearings to determine eligibility if necessary.

[@frostie4228]

I remember hearing about the "Glow" and lovely rebrand, and personally: too little, too late. I agree that it's the same concept, same products in slightly different packaging to continue profiting. This doesn't address the historical impact of this shitty company that impacted me personally and many others besides growing up in Pakistan my entire life, before I even understood it was about my skin color. I was "gifted" beauty creams from this brand by colorist relatives that were trying to lighten my skin in the name of success, marriage, and beauty since I was six. It's utterly despicable that this company still exists at all and is a huge profit earner for Unilever- can you imagine if they endorsed the same brand and message and ads in countries like the UK or the states?? This is truly capitalising off of nations that have such a serious colorism problem in society like no other and it's disgusting.

[@CM-sq2cu]

I agree, I don't think changing the name of the company is going to change Indian's disgusting views on colourism which is something that needs to be talked about. As an Indian woman who was and is considered "dark", MY CHILDHOOD WAS HARD! I grew up with family and friends that would constantly tell me not to play outside or that I disappeared in the dark if the lights were off. I felt unnatractive and my self worth was terrible. At least now I'm older, I know how to respond to such comments and educate people, but hearing these mean words as a child could really traumatize you and your outlook because it's something GOD BLESSED YOU WITH and something you cannot change. And it starts sooooo young....I've seen friends of mine who became new parents asking their healthcare team if their child, who was suffering from jaundice, would become darker if they went ahead with the treatment....like isn't your baby's life more important?....ugh its sooo bad.

[@shannonandkyle]

"I thought a black piece of fluff was a blackhead" hahaha 🤣 I have done exactly the same thing 🤦😂

[@NewFoundLife]

The whole Stryx thing feels like another example of western brands trying to cash in on the popularity of Korean beauty brands. The absolute flood of western brand sheet masks, multi-step skincare routines, facial massage tools, etc. was kind of off putting, for me at least. It's also kind of a weird decision, because anyone really into skincare enough to be familiar with Korean beauty would just buy the original Korean beauty product?

[@toril9787]

The Western copycats make a lot of sense in the US. K Beauty has only become accessible here in the last ten years and, besides a handful of products from a small number of brands in Sephora, Ulta, and some drugstores, you mostly have to order it online.

[@Kaeracter]

Re: the trademark conversation. In general, if you file for a trademark, if or when it is granted, that filing date is the effective date. It is normal, expected, and proper to attempt to enforce your trademark as long as you've filed for it. Most granted trademarks are even enforceable as of the date you started using the phrase. HOWEVER. In this specific case, it's laughable that they thought they'd be granted this generic trademark to begin with. In the US, there are currently two companies that hold registered/approved trademarks for a variation of pimple patches - 1 Hour Pimple Patches and Panic Pimple Patches. If they had done any research on the trademark before filing, they would've seen that each of those trademarks were granted with a specific disclaimer that the trademark DOES NOT protect "pimple patch" - it protects the specific phrase. And as Stryx's trademark application is for "Pimple Patches" (no other words or symbols), there's no way it's going to be granted. They would have a good cause for enforcing a trademark if they trademarked the term "Luna Pimple Patches" and then Good Light attempted to sell their Luna Pimple Patches in the US. But that's not what Stryx's TM is for so whatever research they (or more likely their lawyers) did is less than 5 min of a website search. Source: anyone can use the search tool of the US trademark and patent office website! 😊

[@msk-qp6fn]

BRAVA/BRAVO 👏👏👏👏

[@temp_unknown]

I'm pretty sure cease and desist is basically 'stop doing this or we WILL sue'. Regardless, it's not a product itself, but a *type* of product, and it's not unique by any means. Like trying to trademark strawberry shortcake because your brand makes reeeeaaally good shortcakes.

[@contessagreen6]

You know how many other brands have pimple patches?!! I wish all the other brands should go after them to see how that feels

[@KalyElizabeth]

When it comes to your story about John, this is pretty standard for Chinese advertising. There sadly is still a lot of Racism towards black people in China and brands will often cater to that because they want to sell their products in China. It’s a good example of money over morals.

[@kateaye3506]

Given Jo Malone is owned by Estee Lauder, no surprises here.

[@Ahmad67475]

As a Pakistani, I’ve been around fair and lovely my whole life! My mum would even use it! And when I would go to visit Pakistan, I’ll come across all these ads that were extremely problematic! And they were everywhere! And I mean everywhere, the ad will be on tv every bloody 5 mins, posters on walls in the street, all over the shops, etc! Unfortunately there is such a bad culture of lightening skin because apparently if you have light skin your better than everyone! In my family I’m the lightest and everyone would always compliment me and not so much my sisters who are a bit darker even though my sisters are so much prettier than me!

[@SniffyTugBoat]

Attack the Block is so good. I was so lucky a friend owned a copy bc it is not super popular in the states. the practical effects layered with the CGI is so good. just super fun~

[@redraven7948]

My dear... You absolutely do not look like crap!! (If I could only look like that when I don't feel well...) So glad to start my Sunday with James & a juicy informative video. (Espically about Joe Malone) Hope everyone has a beautiful Sunday & a great week!💜💜

[@wrinklykongputhy]

I really feel for the Jo Malone founder. she had no involvement with the company anymore yet people assumed it was her fault and comment bombed her. I know it was just a misunderstanding of the public but that must have really hurt her, especially after all she survived. glad she cleared the air and stood up for John tho. what they did to him was so shitty.

[@mochipii]

It comes with the teritory i guess, since her name is still being used.

[@kara.buddrius]

Unfortunately until the "standard of beauty" changes within culture there will always be brands that will make and sell these types of products. I am the child of Italian immigrants. My mother is 1/4 French, which is where I get my fair skin tone and grey eyes. I remember going back to Sicily for a visit and my Nonna (rest her soul) covered me in baby oil before sending me outside to play so that my skin would "darken". I was a tomato in about 15 minutes...It was horrible and my folks were pissed!

[@wge621]

Wow that stryx letter is insane. Hope that company bankrupts itself. And to answer your questions, the letter they sent WAS a threat but they DIDN'T take any formal legal action because they had no grounds to do so. And they said the cease and desist was standard for a pending trademark -- in no way is it standard to file a cease and desist for something you don't even have a trademark on!! There's a more than likely chance they will never earn that trademark because it's such a common term and as you said, more of a category than a unique product offering. Sounds like they have some VERY shoddy legal 'experts' that lack even basic knowledge of the skincare space.

[@vsquared30]

Stryx's initial letter *is* a threat of legal action. Whether or not they made it via a lawyer is another matter. However, even basic research into trademark law would have shown them that they *cannot* trademark a product category. So I'm giving them a massive side eye

[@MsAnzoe]

wow. that stryx letter makes me *furious* - gives me such manipulative, gaslight-y vibes. UGH. you're right, James, good light doesn't own them sh*t. definitely no answer, "constructive" (haha) exchange and definitely no forgiveness. pfff.

[@leiasleeping1282]

The Jo Malone thing is so upsetting. Honestly if you don’t think the ad is suittable for global markets why hire the artist as a global embassador from the first place？and what were they thinking when they just change the actor without telling John Boyega. Did they think people just would not notice...? I would not be buying from this brand again🙄

[@tracegsts]

Thanks for this James. I think it’s a bit of a beauty industry dirty little secret that Jo Malone etc aren’t owned by the founders. I feel they become diluted versions of their original loveliness-Lauder, I'M LOOKING AT YOU!

[@beccashailesx]

I hadn't heard of the Jo Malone situation either! Granted I'm not their target audience but it's insane how I hadn't even heard it be mentioned anywhere! Thank you James 💜

[@JeziKrislarenmenou]

I remember when John Boyega’s Jo Malone ad debuted. It was so good! Easily one of the best fragrance ads I’ve ever seen if not the best. I was really excited for him, especially because I knew that he’d had a rough experience with _Star Wars_. I was so angry and disappointed at the disrespect the brand showed him.

[@danielceja4648]

Hi, greetings from México, love your videos and the whole investigation behind them, I listen to you while working and the many times I catch myself making faces while hearing to this whole trademark 😱 woow. This remind me of the time Disney try to trade mark “Día de Los muertos” for the “Coco” movie or that time a restaurant in London tried to trademark the word taquería 🙄 Baffled. Keep the excellent work. 👍🏼✌🏼

[@kookykiddo]

you don’t look like crap James! But I hope you feel better soon 💕✨

[@NailahRoberts]

It's like trying to trademark 'sunscreen' or 'lipstick'

[@alisha308]

You wearing Cloak makes me so happy! Two of my favorite KZbinrs combined!

[@raphaelenedan1526]

“Perfection doesn’t exist” Love that! I’ve been trying out a new facial oil and started breaking out and found a calming cream that suits my sensitive skin.Period! Enjoying this content🫰🏻✨ Happy hours ahead 💙

[@zeba9133]

So the ideology of having a lighter whiter skin propagated by Fair & Lovely in India comes from a very deep rooted mindset that was established in the minds of Indians during the British colonial rule in India. We were shamed for our brown skin, made to feel inferior for our skin color, being called curry skinned, etc were a few things said to us. That’s how we grew up hating our skin color and wanting a whiter complexion to feel better about ourselves and to fit in as per the western beauty standards. Just sharing the story around fair & lovely.

[@SleepingLionUK]

Yes and it's crazy its sold in lots of british asian grocery stores its everywhere.

[@gailp5892]

Sounds like Stryx tried to trademark a commonly named thing like Kim K. tried to trademark the word Kimono for her shapewear brand…she ended up changing the name 🤪

[@rheanathan4189]

I completely forgot about John Boyega x Jo Malone! Poor John, he's one of our finest actors but this isn't even the first time there's been controversy regarding him being removed from Chinese marketing, it's happened for movie posters as well

[@ace.of.space.]

ugh as an Indian American i know of the colorism in the culture.... skin barrier function? please. Fair And Lovely's product has always been about making money off the insecurities that colorism causes

[@pyroxblaze]

This was such an interesting video, thanks James! I'm from Malaysia and remember growing up seeing Fair & Lovely ads on TV, and they absolutely were about lightening the skin. The ads were super cringey and vomit inducing, always revolving around a girl who is all sad because guys don't look at her or something until she uses Fair & Lovely, becomes several shades lighter, and then all the guys fall in love with her. Urgh. 🤮 I'm not sure if this brand is still around in Malaysia - because I don't watch TV anymore LOL (and I live in another country now)

[@ephidd290]

yeah still available in local markets & they have changed the product name (Glow & Beauty).. vitamin c based products are getting more hype here than glow & beauty.. I don't know about the tv ads because I don't watch any 😆

[@denaemichele]

I would never have guessed someone was trying to trademark "pimple patches ". Like wtf? I googled it just now out of curiosity and literally 12 different brands of pimple patches came up. Lol

[@cass1478]

Really digging the new YT feature that is linking products directly in the video. Very cool & useful!

[@JamesWelsh]

Yeah I think it’s useful too! Feels a lot tidier than just linking with loads of messy links in the description!

[@pacha7977]

Hello James. Thanks for bringing this story to light. Since I live in Brazil it would take a long time for me to learn about it. As you said, I think Jo Malone when I think about British perfumes. They are extremely elegant and don't bend to follow trends. What they did with the original author of the advert is disgusting, but it is well known how people of color are viewed in East Asia 🧐 and I believe that's what motivated this BS.

[@qytj1182]

'It is well known how people of colour are viewed in East Asia'... East Asians are people of colour and you can't say a whole region is racist or have those views its not great to generalise over one ad by a company that isn't even asian

[@pacha7977]

@@qytj1182 it is well known, though

[@demichirua]

Rather than person of colour, the issue in East Asia leans more on colourism and maybe xenophobia… (I’m a Chinese living in East Asia, and I’m just speaking from personal experience)

[@ishabiswas8224]

@@qytj1182 I think they were referring to deeper skinned poc being victim of colourism in East and South Asia. You get it. The point still stands.

[@TaliaBSJ]

The ‘Fair & Lovely’ cream is such a foreign concept to me as a very pale skinned westerner. Myself and others of my skin tone are over here bronzing to have a more sun-kissed look while people with naturally gorgeous tanned skin tones are lightening? I guess I Can see if you are darker skinned with hyper-pigmentation spots, to use this on the darkened areas to even the skin, but for your whole face? Stop! You’re beautiful, and you don’t need to change!!!

[@clairewillow6475]

Yes stop! You’re beautiful the way you are. (Same message to pale people trying to get tanned and tanned people trying to be pale) ❤❤

[@genericplantlife]

It's interesting as someone who grew up in a country where light skin is the standard and whitening products are the norm. I never really thought about how fuckin weird those products and adverts are until I started seeing people talk about colorism.

[@TaliaBSJ]

@@genericplantlife I can totally see how, if this is something you saw on a regular basis as a child/teen, it is just a standard part of life… shampoo, condition, soap, face wash, lotion, lightener… it would be a normal product in the daily rotation.. but yea, when you really stop and think about it, it is kinda crazy! But also, I suppose no more than bronzer or self tanner for us! I spent my entire teenage years in a tanning bed (I’m appalled at the dangers we put ourselves in for ‘beauty’!)

[@rdaniel9751]

Please do a part 2 with the other 3!! I loved this 😍

[@riccandjen]

Please do a video with Leeja MIller who is a US lawyer/you tuber, it would be fascinating to see you both talking about this subject of trademarks etc

[@cindypalumbo7503]

I had not heard either of these stories. I'm glad you brought them to my attention!! I agree that attempting to trademark something as universally used as pimple patches was foolish at best. I think they realized how foolish they looked and realized they had little to no chance of succeeding, so they backtracked and tried cleaning up their mess.

[@miatoney5570]

This literally touched my heart hearing you talk about the unfairness towards POCs.

[@AllthePrettyPurses]

Ugh, I recently splurged on my first Jo Malone fragrances, only to discover that they only last like 20 minutes on the skin. Now I hear this. I think I'm going to see if I can return.

[@AKbaby89]

So I don't know law, BUT I think I know how they are saying they haven't taken legal action. They sent out a cease and desist letter, which technically is not a legal action, but it is a letter stating that you would take legal action if they don't comply with what you're asking in the cease and desist. A cease and desist ORDER is a legal action, but a cease and desist letter is not. It's basically like a copyright claim, its not a legal action within itself, but it is the promise of intent of taking legal action if not complied.

[@Omg_sade]

I love hearing about things/stories that aren’t well know over here in the US

[@cheesetoastee]

I'm so excited right now because I have the same Cloak hoodie! I knew we had something special. This isn't the first time I've seen you west something that I also had to have. This is why you're my favorite skincare person 💖

[@jasminelambert3753]

So a cease and desist letter isn’t technically taking legal action. It basically is a letter asking someone to stop doing something with an indirect threat that they *could* or *might* take legal action if they don’t stop doing that thing they don’t like. It’s often a fairly empty threat in circumstances like this and are kind of just scare tactics. I’m cases where there is actual copyright or trademark infringement they are used as a warning that gives that other party a chance to take their products or whatever off the market that might be unknowingly infringing one someone else’s trademark or copyright. You don’t need to file anything formally or anything to do a cease and desist and they don’t necessarily mean something is going to be formally filed but it’s kinda just a warning that something could be.

[@7l788]

Hello James, what are the small pink things you always put in your hair to keep it away from your face, and where can I find them? Thanks!

[@ElenKarin]

The pimple patches one is a ride I wasn’t ready for🤣

[@aarontheabc]

Definitely remember the Stryx situation, so unethical

[@lisac.9393]

Great research, James! I love your videos!!

[@panickedantics7761]

I didn't know about most of these, especially the Stryx one. Like, what were they thinking?! That is despicable behavior and this video is a nice guide on brands for me to avoid forever.

[@ajpthequeen]

So typically yt of stryx to claim that someone owes them education and forgiveness. Do the work yourselves, the info is available out there! No one owes you education, conversation, or forgiveness. This wasn’t the case of making an honest mistake, but a case of entitlement. They didn’t bother to do their due diligence because they’re yt men from America. Their IG is also gross. Posting BIPOC to seem diverse, when they’ve shown their true colours by their actions.

[@mirsadaberta6286]

That cica pair cream you use at the end must be great! I have really badly dry lips due to neurodermatitis at times and the lip balm from that line is the only thing that helps. Thinking about trying the cream as well

[@athenatanyimin4035]

That last one reminds me of Kim Kardashian trying to trademark Kimono lol In other news, I've decided I'm going to trademark spaghetti and I'm going to send cease and desist letters to all the restaurants in Italy. They're now no longer allowed to use the word spaghetti, they must use the term Italian noodles now 😂

[@annathiika5755]

I love that bioderma micellar, it is one of the only products I have not stopped using for years and years. My skin is an asshole and thank god the local pharmacy carries the big bottles lol

[@TinyTina_Rage]

Stryx’s founders, and especially their attorneys, are completely incompetent. If they had truly done their due diligence, which should’ve been done in the research and development stage, they’d have had the clear information available about the widespread availability and use of blemish patches. Ridiculous, and I don’t buy the backtracking.

[@Patricia-sv8zb]

Stryx probably needed the publicity!

[@scoobydont]

You look great as always!! Take care of yourself James 💙

[@Wiingashkikwe]

John Boyega is sooo fine and I’d like to point out how badly he was treated by Chinese censors for his role in Star Wars. So it probably doubly hurt.

[@meizhou9279]

I didn’t hear about the Jo Malone thing here in the US but I remember a very similar story about John Boyega complaining about a luxury watch company (forgot which brand) doing the same thing to him. He did an ad with them in the UK based on memories of his childhood, then the company did the same ad in China and replaced him with a Chinese actor. Is this my mandela effect happening?

[@TheLeraLush]

Honestly, I would not be surprised if the ad for jo malone didn’t even get reviewed by global executives. I’m speaking from a point where when I went to china, they made knock off ads (among other things they knock off) with their local celebrities without taking into account how the ad is originally tailored to a certain celebrity or story. It’s like if for example (this is just an example, they didn’t actually do this) if fenty changed their ad for being shade inclusive and switched it from rihanna to an extremely pale asian celebrity in the promo. It just comes off disjointed. Its still terrible that it was posted online but I think it was a local office issue. Just my theory🤷🏼‍♀️

[@margaretcampbell1432]

“And you can see here that I’ve picked at my skin because I thought a tiny piece of fluff was a blackhead I couldn’t get AND you can see that I’ve picked at my skin here because I’m a fucking idiot.” Me talking to my cat or bf on FaceTime every other night 💀

[@jct6808]

They have no legal standing with a pending trademark. Furthermore, the trademark office does research on similar products on the market if such already existed, the trademark would more than likely be denied.

[@rascal6112]

It's pretty standard that once you've submitted a patent/trademark that you can use your 'rights' as a 'patent/trademark holder', even if it hasn't been approved yet. The trademark approval process can take a really long time, long enough that a competing product COULD be made and put to market before you get approval and officially deal with that mess of recalling it and competition and all that. So it's accepted for companies to send legal action once they've filed because of the assumption that they do have it, it just needs to be signed off. What Stryx did is pretty standard really, and I'm not surprised. American companies also LOVE to steal generic terms for product names from different parts of the world and trademark it in their system, leaving businesses in those original countries having to deal with 'copyright infringes' from American companies for labeling their products correctly. For example, the Ugg Boot is a style of shoe from Australia and it's pretty generic, we've been making them since the 1800's and even been selling them overseas at least since the 1970's. And then when Deckers, an American company, bought an ugg boot manufacturer and trademarked Ugg boots in the 90's into the American trademark system, this American companies spent the next 10+ YEARS fighting Aussie companies over the 'copyright infringement' of selling these Aussie shoes in Australia. They picked fights with everybody; mum 'n pop stores, small businesses, and hell even businesses that had been making these shoes at least 20 years before Deckers even bought that manufacturer. There's a long history of American companies doing this.

[@nainaalex9053]

I love that you spoke about fair and lovely! Their advertisements were just wrong.. I once looked at the back of the tube and it just looked like some zinc oxide and a stabilized form of vit c 😂 Idk why they'd advertise it that way though.

[@ishabiswas8224]

I never owned a Fand L product thankfully cuz my Mom didn't really give a flying f about skincare and makeup in general lmao, but hearing about its ingredients make me think of a low quality sunscreen. They should have just said it was sunscreen that prevents tan. Would have had fewer issues.

[@mystic_mimi21]

would using a skin lighting product like fair and lovely on hyperpigmitation or acne scars? as its a melanin related thing so it should work? I am very white and pale in skin tone and so my pih is very obvious due to the contrast

[@mandy7674]

Ahhhh I LOVED attack the block

[@littlemy1773]

Moses Moses!! 😂

[@ayooothatsghost1239]

Even in the arab world “fair and lovely “ was known too even my mom told me to use it to have a brighter skin at a young age as an Arabian black girl:)

[@darkydoom]

Attack the Block is a SICK film. So good. Woah that is so shady of Jo Malone. Knew there was a reason I didn't like them lol

[@elizabethsahu7822]

You don’t look like crap. But do you have allergies? That skin around your eyes looks like my eyes look at the end of Feb/March when my allergies start to rev up. They make some amazing allergy eye drops that are upgrades from the old ones. Huge help. I have had miserable reactions to some sunscreens.

[@JamesWelsh]

I don’t think so? But I also don’t know what caused it! Thanks for this I’ll take a look!

[@bunji_beans]

Every one of these was maddening!!

[@katherinemorelle7115]

My brother has a saying: you can never trust business people to make good business decisions. I've found his saying to be true on most occasions.

[@dizfunctionaldes]

I had such a hard time in the US trying to find skin lightening products in 2019 after my 2nd child stopped breastfeeding. I had alot of dark spots and discoloration on my face, which commonly happens during pregnancy, and I also wanted to try to lightening the dark skin on my armpits. It was a challenge trying to find products because selling them is seen by many retailers as promoting colorism. These products have many uses and should NOT be banned!