Saturday, July 17, 2010

One should be able to blog without the fear of cease and desist letters...

A few months back, there was a bit of controversy in the nail blogger/MUA NB world about several companies being relabled Diamond Cosmetics.  Not that there's a problem in that, Diamond Cosmetics, afterall, does have a private label division.  The issue, of course, being... why pay boutique prices when you can essentially get the same product through Diamond Cosmetics directly for $2?

One of those brands that was linked to Diamond Cosmetics, along with several others, was Ginger + Liz.  Ginger + Liz is not a brand that I know too much about.  All I know is that they are in the $10-12 range per bottle and are promoted heavily on All Lacquered Up.  However, several people feel that Ginger + Liz is relabeled Diamond Cosmetics and have said so on various blogs and on Twitter.  One of those people is Sara at Daily Polish.  Unfortunately, Sara is the one person to get a cease and desist letter from Ginger + Liz's attorney.  Please keep in mind that Sara purchased all the products she reviewed and compared.  They were not samples.

Whether or not you agree with Sara is beside the point.  Ginger + Liz has mentioned, through All Lacquered Up, mind you, that they source their nail polish through a supplier in California.  Personally, I believe some of the swatches look similar to Diamond Cosmetics and some are not dupey at all.  However, the real point is that no matter what Sara, or any blogger for that matter, believes and posts about, s/he should be able to do so with out the fear of being reprimanded or sued.  A blog is just a collection of personal opinions, and most of us, save for the aforementioned All Lacquered Up, do so without any real monetary compensation.  We just do it because we enjoy it.  Well, in my opinion, it's hard to enjoy something if you feel like your opinions could be potentially used against you in a lawsuit. 

I am a little worried that this, along with OPI's recent legal scare tactics, regarding their upcoming Burlesque collection and leaked press releases, are leading us down a scary road.  I don't want to be afraid to express my opinion on a certain product, whether that be good or bad.  As long as I'm not posting scandalous pictures or defaming someone's personal character, I should be allowed to freely express my opinions without the fear of being sued.

I do not plan on purchasing any Ginger + Liz products in the future nor do I plan on promoting them on this blog.  I realize they are a small boutique brand and probably still trying to find their way in the nail polish world, but, IMO, threatening a nail blogger, is not a way to positively and effectively promote their brand.  All that does is make you, as a company, look bad.

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