WEBVTT 99:59:59.999 --> 99:59:59.999 Glamour Dolls failed to comply with 99:59:59.999 --> 99:59:59.999 those obligations when it engaged in a 99:59:59.999 --> 99:59:59.999 failed online advertising campaign on 99:59:59.999 --> 99:59:59.999 Kickstarter, using LFI, Lisa Frank's brand 99:59:59.999 --> 99:59:59.999 without LFI's approval and then refused to 99:59:59.999 --> 99:59:59.999 pay royalties due when LFI properly 99:59:59.999 --> 99:59:59.999 terminated the party's contracts as a 99:59:59.999 --> 99:59:59.999 result of Glamour Dolls' misconduct. 99:59:59.999 --> 99:59:59.999 Wait a minute. She didn't know about the 99:59:59.999 --> 99:59:59.999 Kickstarter? Hello my friend, I will 99:59:59.999 --> 99:59:59.999 honestly tell you that until late last 99:59:59.999 --> 99:59:59.999 night, I did not think that I was filming 99:59:59.999 --> 99:59:59.999 a video about Lisa Frank and Glamour 99:59:59.999 --> 99:59:59.999 Dolls today. I actually had a full video 99:59:59.999 --> 99:59:59.999 planned about preservative-free cosmetics 99:59:59.999 --> 99:59:59.999 and how freaking ridiculous and dangerous 99:59:59.999 --> 99:59:59.999 preservative-free cosmetics are. But then 99:59:59.999 --> 99:59:59.999 I got a very interesting comment from a 99:59:59.999 --> 99:59:59.999 person named "Fake Goth Girl." Okay. I get 99:59:59.999 --> 99:59:59.999 a link. The link is to a court document 99:59:59.999 --> 99:59:59.999 that I had not previously had access to. 99:59:59.999 --> 99:59:59.999 This document is Lisa Frank's point of 99:59:59.999 --> 99:59:59.999 view. It is her counter suit. This is Lisa 99:59:59.999 --> 99:59:59.999 Frank saying "Glamour Dolls is the bad 99:59:59.999 --> 99:59:59.999 guy, not me. I didn't do anything wrong - 99:59:59.999 --> 99:59:59.999 they're the ones that did something 99:59:59.999 --> 99:59:59.999 wrong." So in today's video, I want to go 99:59:59.999 --> 99:59:59.999 over Lisa's side of things - what she says 99:59:59.999 --> 99:59:59.999 in the court documents is the reason why 99:59:59.999 --> 99:59:59.999 she pulled out of her contract with 99:59:59.999 --> 99:59:59.999 Glamour Dolls that left backers of the 99:59:59.999 --> 99:59:59.999 Kickstarter out all of their money - over 99:59:59.999 --> 99:59:59.999 $400,000 of their money, including my 99:59:59.999 --> 99:59:59.999 money. My $75? Gone. If you have no idea 99:59:59.999 --> 99:59:59.999 what I'm talking about, that's because 99:59:59.999 --> 99:59:59.999 this is Part 2. I strongly strongly 99:59:59.999 --> 99:59:59.999 suggest you please watch Part 1 of this. 99:59:59.999 --> 99:59:59.999 It will be linked below. It will be up in 99:59:59.999 --> 99:59:59.999 a card. It is the background for this 99:59:59.999 --> 99:59:59.999 video - this video might not make sense 99:59:59.999 --> 99:59:59.999 if you don't watch that one first. If you 99:59:59.999 --> 99:59:59.999 don't feel like you have time for an hour 99:59:59.999 --> 99:59:59.999 and a half long video, what you can do is 99:59:59.999 --> 99:59:59.999 you can scrub through the timestamps, kind 99:59:59.999 --> 99:59:59.999 of get the idea of what it is. You can 99:59:59.999 --> 99:59:59.999 also play it on 1.5 speed if you want to. 99:59:59.999 --> 99:59:59.999 And I will tell you that the average 99:59:59.999 --> 99:59:59.999 amount of watch time on that video for a 99:59:59.999 --> 99:59:59.999 single view is about 40 minutes. That has 99:59:59.999 --> 99:59:59.999 literally never happened on my channel. 99:59:59.999 --> 99:59:59.999 This is a story that I think you want to 99:59:59.999 --> 99:59:59.999 hear and and that I think that you are 99:59:59.999 --> 99:59:59.999 going to be engaged in if you choose to. 99:59:59.999 --> 99:59:59.999 That being said, we are starting at Part 99:59:59.999 --> 99:59:59.999 2. I'm assuming at this point that you 99:59:59.999 --> 99:59:59.999 have seen that video and that you have 99:59:59.999 --> 99:59:59.999 that background knowledge. And also, 99:59:59.999 --> 99:59:59.999 side note, I mentioned this at the end of 99:59:59.999 --> 99:59:59.999 the video, but there's probably about 40 99:59:59.999 --> 99:59:59.999 comments mentioning Bailey Sarian's video 99:59:59.999 --> 99:59:59.999 on Lisa Frank, based on the Jezebel 99:59:59.999 --> 99:59:59.999 article that we talked about in the first 99:59:59.999 --> 99:59:59.999 part of this. Yes, I am fully aware of 99:59:59.999 --> 99:59:59.999 Bailey's video. I have met Bailey. I have 99:59:59.999 --> 99:59:59.999 collaborated with Bailey. Bailey did a 99:59:59.999 --> 99:59:59.999 fantastic job on that video. That video is 99:59:59.999 --> 99:59:59.999 more about Lisa Frank as a person, so if 99:59:59.999 --> 99:59:59.999 you want even more context for the story, 99:59:59.999 --> 99:59:59.999 I highly recommend you go watch Bailey's 99:59:59.999 --> 99:59:59.999 video as well. What we're gonna do with 99:59:59.999 --> 99:59:59.999 this part is I'm actually gonna put Lisa 99:59:59.999 --> 99:59:59.999 Frank's lawsuit on the side of me so if 99:59:59.999 --> 99:59:59.999 you are fluent in Legalese, you can follow 99:59:59.999 --> 99:59:59.999 along and see the match up of what I'm 99:59:59.999 --> 99:59:59.999 saying. Surprisingly, a lot of is is 99:59:59.999 --> 99:59:59.999 pretty clear cut and there isn't a ton of 99:59:59.999 --> 99:59:59.999 lawyer language in this that was difficult 99:59:59.999 --> 99:59:59.999 to understand. So if you would like to 99:59:59.999 --> 99:59:59.999 read along, it is going to be next to me 99:59:59.999 --> 99:59:59.999 over here. Here we go. So this is what 99:59:59.999 --> 99:59:59.999 Lisa says. This is her side of things. 99:59:59.999 --> 99:59:59.999 This is all about the deal in 2016, the 99:59:59.999 --> 99:59:59.999 original deal that she had. Lisa says they 99:59:59.999 --> 99:59:59.999 struck the deal in June of 2016 that would 99:59:59.999 --> 99:59:59.999 end on December 31st of 2017 - that 99:59:59.999 --> 99:59:59.999 matches up with Glamour Dolls' side, so 99:59:59.999 --> 99:59:59.999 I'm assuming there's legal contracts, so 99:59:59.999 --> 99:59:59.999 there's evidence of this. So Glamour Dolls 99:59:59.999 --> 99:59:59.999 in that original contract, agreed to pay 99:59:59.999 --> 99:59:59.999 Lisa Frank 15% royalty on the net sales 99:59:59.999 --> 99:59:59.999 of the products made under the deal, with 99:59:59.999 --> 99:59:59.999 a minimum payment of $100,000 for the 99:59:59.999 --> 99:59:59.999 duration of the agreement, including a 99:59:59.999 --> 99:59:59.999 $25,000 advance. Glamour Dolls promised to 99:59:59.999 --> 99:59:59.999 do their best, to make, sell, promote, and 99:59:59.999 --> 99:59:59.999 market the products to get as many sales 99:59:59.999 --> 99:59:59.999 as possible, always focusing on high 99:59:59.999 --> 99:59:59.999 quality. Now this part is very very 99:59:59.999 --> 99:59:59.999 important because this is really the root 99:59:59.999 --> 99:59:59.999 of why everything went wrong. They had to 99:59:59.999 --> 99:59:59.999 get Lisa Frank's approval on literally 99:59:59.999 --> 99:59:59.999 everything, from the design concepts to 99:59:59.999 --> 99:59:59.999 the artwork, to the molds for production, 99:59:59.999 --> 99:59:59.999 to the final product samples before going 99:59:59.999 --> 99:59:59.999 into production. Lisa Frank had the right 99:59:59.999 --> 99:59:59.999 to approve or reject the elements and 99:59:59.999 --> 99:59:59.999 Glamour Dolls had to follow Lisa Frank's 99:59:59.999 --> 99:59:59.999 directions on quality standards. Now 99:59:59.999 --> 99:59:59.999 listen to this because this is part of the 99:59:59.999 --> 99:59:59.999 reason why things were taking so long. So, 99:59:59.999 --> 99:59:59.999 for designs, Glamour Dolls had to wait up 99:59:59.999 --> 99:59:59.999 to 10 business days - that's about two 99:59:59.999 --> 99:59:59.999 weeks or so - for Lisa Frank to approve 99:59:59.999 --> 99:59:59.999 or reject anything that they submitted to 99:59:59.999 --> 99:59:59.999 her. If Lisa didn't respond in time, 99:59:59.999 --> 99:59:59.999 Glamour Dolls was allowed to ask after 99:59:59.999 --> 99:59:59.999 those 10 business days, "Hey, what's going 99:59:59.999 --> 99:59:59.999 on? I need a full description of why you 99:59:59.999 --> 99:59:59.999 reject this or I need an approval." But 99:59:59.999 --> 99:59:59.999 this is the kicker! Because even after 99:59:59.999 --> 99:59:59.999 approval, and remember, this is according 99:59:59.999 --> 99:59:59.999 to Lisa herself, Lisa could stop the 99:59:59.999 --> 99:59:59.999 production and distribution of the 99:59:59.999 --> 99:59:59.999 products if they didn't meet her quality 99:59:59.999 --> 99:59:59.999 standards. That's a subjective thing - 99:59:59.999 --> 99:59:59.999 that is not something that can be 99:59:59.999 --> 99:59:59.999 measured. Lisa can just for any reason, 99:59:59.999 --> 99:59:59.999 just say "This doesn't meet my quality 99:59:59.999 --> 99:59:59.999 standards" and stop production at any 99:59:59.999 --> 99:59:59.999 point. And it wasn't just for production 99:59:59.999 --> 99:59:59.999 of product. It also had to do with 99:59:59.999 --> 99:59:59.999 advertising, packaging, display methods, 99:59:59.999 --> 99:59:59.999 press releases - anything using Lisa Frank 99:59:59.999 --> 99:59:59.999 artwork - Glamour Dolls had to run this by 99:59:59.999 --> 99:59:59.999 Lisa. They had to wait for those 10 99:59:59.999 --> 99:59:59.999 business days and then if she didn't 99:59:59.999 --> 99:59:59.999 respond in 10 business days, then they had 99:59:59.999 --> 99:59:59.999 to poke her about it and be like "Dude, 99:59:59.999 --> 99:59:59.999 what's going on?" They had to keep poking 99:59:59.999 --> 99:59:59.999 her if she didn't respond after those 10 99:59:59.999 --> 99:59:59.999 business days. So remember this original 99:59:59.999 --> 99:59:59.999 contract that I personally believe was to 99:59:59.999 --> 99:59:59.999 create the blush, the highlighter, and the 99:59:59.999 --> 99:59:59.999 two brushes - that contract was ending 99:59:59.999 --> 99:59:59.999 in December. But remember the Kickstarter 99:59:59.999 --> 99:59:59.999 had started in February. We're now in 99:59:59.999 --> 99:59:59.999 December. February - they promised backers 99:59:59.999 --> 99:59:59.999 10 additional products beyond these four 99:59:59.999 --> 99:59:59.999 that had already been funded. Lisa's 99:59:59.999 --> 99:59:59.999 contract is about to end, so they need to 99:59:59.999 --> 99:59:59.999 start a new contract. This is what Lisa 99:59:59.999 --> 99:59:59.999 says was in the new contract: same 15% 99:59:59.999 --> 99:59:59.999 royalty on the net sales of the products 99:59:59.999 --> 99:59:59.999 plus 20% royalty on sales made directly to 99:59:59.999 --> 99:59:59.999 retail customers. So this would be if 99:59:59.999 --> 99:59:59.999 people bought it off of Ipsy's marketplace 99:59:59.999 --> 99:59:59.999 or if people bought it from Hot Topic, 99:59:59.999 --> 99:59:59.999 or at one point they were talking to 99:59:59.999 --> 99:59:59.999 Walmart - any of those, Lisa would get a 99:59:59.999 --> 99:59:59.999 20% royalty off of. Beyond that, in the 99:59:59.999 --> 99:59:59.999 first contract, Lisa asked for at least 99:59:59.999 --> 99:59:59.999 $100,000 for her fees. In the new 99:59:59.999 --> 99:59:59.999 contract, Lisa upped that to $500,000. 99:59:59.999 --> 99:59:59.999 That included an up front payment of 99:59:59.999 --> 99:59:59.999 $125,000 that needed to be paid when the 99:59:59.999 --> 99:59:59.999 contract was signed. Three more payments 99:59:59.999 --> 99:59:59.999 would be paid throughout the year to total 99:59:59.999 --> 99:59:59.999 that $500,000. The rules for making the 99:59:59.999 --> 99:59:59.999 products were pretty much the same as the 99:59:59.999 --> 99:59:59.999 first contract. All of the levels of "you 99:59:59.999 --> 99:59:59.999 need to send it to Lisa and she needs to 99:59:59.999 --> 99:59:59.999 approve it" and then the 10 business days 99:59:59.999 --> 99:59:59.999 - all of that was pretty much the same. 99:59:59.999 --> 99:59:59.999 The only thing that changed, which we'll 99:59:59.999 --> 99:59:59.999 find out more about in just a minute, is 99:59:59.999 --> 99:59:59.999 that they did not have to get pre-shipment 99:59:59.999 --> 99:59:59.999 approval. So Lisa has already approved 99:59:59.999 --> 99:59:59.999 the final draft of the product, they have 99:59:59.999 --> 99:59:59.999 put that into production, they now have 99:59:59.999 --> 99:59:59.999 the products - they've got thousands and 99:59:59.999 --> 99:59:59.999 thousands of these products - they don't 99:59:59.999 --> 99:59:59.999 have to send those products to Lisa for 99:59:59.999 --> 99:59:59.999 approval anymore. But there is a clause - 99:59:59.999 --> 99:59:59.999 because of course there is - if there were 99:59:59.999 --> 99:59:59.999 any production problems, if after all of 99:59:59.999 --> 99:59:59.999 these things were sent out and Lisa 99:59:59.999 --> 99:59:59.999 decided that there was a production 99:59:59.999 --> 99:59:59.999 problem, there was something she didn't 99:59:59.999 --> 99:59:59.999 like, Glamour Dolls would have to pay 99:59:59.999 --> 99:59:59.999 damages for that. What would those 99:59:59.999 --> 99:59:59.999 damages be? I have no idea, it's not in 99:59:59.999 --> 99:59:59.999 here. Another thing that's very important 99:59:59.999 --> 99:59:59.999 in Lisa's side of the story is that they 99:59:59.999 --> 99:59:59.999 said that Lisa could end the deal 99:59:59.999 --> 99:59:59.999 immediately if Glamour Dolls broke certain 99:59:59.999 --> 99:59:59.999 rules, like not following the approval 99:59:59.999 --> 99:59:59.999 process or having production issues 3 99:59:59.999 --> 99:59:59.999 times. If Lisa decided that she was 99:59:59.999 --> 99:59:59.999 going to terminate the agreement, Glamour 99:59:59.999 --> 99:59:59.999 Dolls had to not only stop making 99:59:59.999 --> 99:59:59.999 products, they had to stop selling their 99:59:59.999 --> 99:59:59.999 existing products. Then they had to turn 99:59:59.999 --> 99:59:59.999 over the rights to the artwork. Anything 99:59:59.999 --> 99:59:59.999 that Lisa had created for Glamour Dolls 99:59:59.999 --> 99:59:59.999 would now be owned by Lisa. And you might 99:59:59.999 --> 99:59:59.999 be seeing where this might be going - 99:59:59.999 --> 99:59:59.999 maybe if you watched part 1. Because she 99:59:59.999 --> 99:59:59.999 did that. That happened. In context. you 99:59:59.999 --> 99:59:59.999 have to remember that this is 3 months 99:59:59.999 --> 99:59:59.999 past the date that Glamour Dolls had 99:59:59.999 --> 99:59:59.999 promised products would be done and 99:59:59.999 --> 99:59:59.999 shipped to backers. So they are deep deep 99:59:59.999 --> 99:59:59.999 in it now. They are sending out that 99:59:59.999 --> 99:59:59.999 digital Christmas card, where people can 99:59:59.999 --> 99:59:59.999 send it to their families, saying "Hey, 99:59:59.999 --> 99:59:59.999 you know, you might be getting some Lisa 99:59:59.999 --> 99:59:59.999 Frank products that I bought for you at 99:59:59.999 --> 99:59:59.999 some point. This is what's coming." That's 99:59:59.999 --> 99:59:59.999 where we're at. A lot of the backers are 99:59:59.999 --> 99:59:59.999 already irritated by this point. From 99:59:59.999 --> 99:59:59.999 Lisa's side, she says in her court 99:59:59.999 --> 99:59:59.999 documents that LFI, or Lisa Frank 99:59:59.999 --> 99:59:59.999 Incorporated, fully performed its 99:59:59.999 --> 99:59:59.999 obligations under the license agreements - 99:59:59.999 --> 99:59:59.999 I do believe Glamour Dolls would argue 99:59:59.999 --> 99:59:59.999 against that. They say specifically 99:59:59.999 --> 99:59:59.999 Glamour Dolls repeatedly failed to meet 99:59:59.999 --> 99:59:59.999 their responsibilities under the agreemnts 99:59:59.999 --> 99:59:59.999 they had with Lisa Frank. This is how Lisa 99:59:59.999 --> 99:59:59.999 says Glamour Dolls messed up. And 99:59:59.999 --> 99:59:59.999 remember, she's going to have to prove 99:59:59.999 --> 99:59:59.999 this for her counter suit. This is what 99:59:59.999 --> 99:59:59.999 she says - she says they didn't put in 99:59:59.999 --> 99:59:59.999 enough effort to produce, distribute, 99:59:59.999 --> 99:59:59.999 promote, and sell the products that they 99:59:59.999 --> 99:59:59.999 were supposed to. She says that they 99:59:59.999 --> 99:59:59.999 didn't aim to sell as many high quality 99:59:59.999 --> 99:59:59.999 products as they could, that they had 99:59:59.999 --> 99:59:59.999 signed off in their contract. She says that 99:59:59.999 --> 99:59:59.999 they use Lisa Frank artwork in ads and 99:59:59.999 --> 99:59:59.999 packaging without getting approval first, 99:59:59.999 --> 99:59:59.999 which was against their rules of the 99:59:59.999 --> 99:59:59.999 contract. She says Glamour Dolls was late 99:59:59.999 --> 99:59:59.999 in making and delivering the products, 99:59:59.999 --> 99:59:59.999 which they were. She says that Glamour 99:59:59.999 --> 99:59:59.999 Dolls didn't follow the agreed upon 99:59:59.999 --> 99:59:59.999 process for getting products inspected 99:59:59.999 --> 99:59:59.999 and approved, that they didn't pay the 99:59:59.999 --> 99:59:59.999 royalties and the minimum amounts that 99:59:59.999 --> 99:59:59.999 they were supposed to, and that they used 99:59:59.999 --> 99:59:59.999 the Kickstarter to sell products without 99:59:59.999 --> 99:59:59.999 getting the okay from Lisa Frank 99:59:59.999 --> 99:59:59.999 Incorporated, which was of course not 99:59:59.999 --> 99:59:59.999 allowed. Finally, they say that Glamour 99:59:59.999 --> 99:59:59.999 Dolls promised products to backers and 99:59:59.999 --> 99:59:59.999 then never shipped them out, which is 99:59:59.999 --> 99:59:59.999 true. But the question is: why didn't they 99:59:59.999 --> 99:59:59.999 ship them out? What was stopping them 99:59:59.999 --> 99:59:59.999 from doing it? Was it a fault of Glamour 99:59:59.999 --> 99:59:59.999 Dolls or was it a fault of Lisa? We're 99:59:59.999 --> 99:59:59.999 still in Lisa's perspective, so let's 99:59:59.999 --> 99:59:59.999 follow that. Lisa says that even through 99:59:59.999 --> 99:59:59.999 all of the things that I just listed - the 99:59:59.999 --> 99:59:59.999 things that are in Lisa's filing - she 99:59:59.999 --> 99:59:59.999 continued to try to work with Glamour 99:59:59.999 --> 99:59:59.999 Dolls to make things work. She says she 99:59:59.999 --> 99:59:59.999 did this only because she felt like, if 99:59:59.999 --> 99:59:59.999 she didn't continue with Glamour Dolls and 99:59:59.999 --> 99:59:59.999 see this through and get the backers what 99:59:59.999 --> 99:59:59.999 they ordered, that it would damage Lisa 99:59:59.999 --> 99:59:59.999 Frank. It would damage her and her brand. 99:59:59.999 --> 99:59:59.999 It wasn't about making sure that people 99:59:59.999 --> 99:59:59.999 got what they paid for, it was about the 99:59:59.999 --> 99:59:59.999 damage it would cause to her reputation 99:59:59.999 --> 99:59:59.999 and her brand's reputation. She says in 99:59:59.999 --> 99:59:59.999 her statement that, you know, that Glamour 99:59:59.999 --> 99:59:59.999 Dolls had made all these promises and 99:59:59.999 --> 99:59:59.999 they failed to go through on them, that 99:59:59.999 --> 99:59:59.999 they even said that they were shipping 99:59:59.999 --> 99:59:59.999 things to people that they never shipped 99:59:59.999 --> 99:59:59.999 to them, which I don't know if it's 99:59:59.999 --> 99:59:59.999 actually true. Because from what I've 99:59:59.999 --> 99:59:59.999 seen, anybody that was supposed to get 99:59:59.999 --> 99:59:59.999 the eyeshadow and the bronzer and the 99:59:59.999 --> 99:59:59.999 postcard did get those things. There is 99:59:59.999 --> 99:59:59.999 some question, at least in the comments 99:59:59.999 --> 99:59:59.999 underneath my last video of whether people 99:59:59.999 --> 99:59:59.999 who ordered the brush separately, whether 99:59:59.999 --> 99:59:59.999 they actually got their brush. So maybe 99:59:59.999 --> 99:59:59.999 that's what Lisa is talking about. Lisa 99:59:59.999 --> 99:59:59.999 says that Glamour Dolls ignored rules 99:59:59.999 --> 99:59:59.999 that they had to follow to get Lisa's 99:59:59.999 --> 99:59:59.999 approval before making anything. She says 99:59:59.999 --> 99:59:59.999 that they attempted to make or change 99:59:59.999 --> 99:59:59.999 products without talking to her first. 99:59:59.999 --> 99:59:59.999 And also that they didn't give her the 99:59:59.999 --> 99:59:59.999 samples required that she needed to 99:59:59.999 --> 99:59:59.999 review. The perspective here is that 99:59:59.999 --> 99:59:59.999 because of those failures, people started 99:59:59.999 --> 99:59:59.999 blaming Lisa Frank and not Glamour Dolls, 99:59:59.999 --> 99:59:59.999 where she's saying it wasn't her fault, 99:59:59.999 --> 99:59:59.999 it was Glamour Dolls' fault. She said that 99:59:59.999 --> 99:59:59.999 people began to think that Lisa Frank was 99:59:59.999 --> 99:59:59.999 scamming them, leaving negative comments 99:59:59.999 --> 99:59:59.999 and complaints online that damaged LFI's 99:59:59.999 --> 99:59:59.999 reputation. It was only because Glamour 99:59:59.999 --> 99:59:59.999 Dolls broke their side of the contract 99:59:59.999 --> 99:59:59.999 so many times that she ended the contract 99:59:59.999 --> 99:59:59.999 formally in July of 2018, which is what 99:59:59.999 --> 99:59:59.999 Glamour Dolls had said, that she abruptly 99:59:59.999 --> 99:59:59.999 just ended the contract. What Glamour 99:59:59.999 --> 99:59:59.999 Dolls had said was before she ended the 99:59:59.999 --> 99:59:59.999 contract, she required them to pay that 99:59:59.999 --> 99:59:59.999 final $125,000 to her and then once she 99:59:59.999 --> 99:59:59.999 got the money, she terminated the contract 99:59:59.999 --> 99:59:59.999 and that they didn't know she was going to 99:59:59.999 --> 99:59:59.999 do that when she took the money. 99:59:59.999 --> 99:59:59.999 Supposedly, LFI reminded Glamour Dolls 99:59:59.999 --> 99:59:59.999 that they needed to do the things that 99:59:59.999 --> 99:59:59.999 were in the contract, that if she ended 99:59:59.999 --> 99:59:59.999 it, that they needed to do - things like 99:59:59.999 --> 99:59:59.999 returning all the artwork and paying any 99:59:59.999 --> 99:59:59.999 royalties owed. However, she says Glamour 99:59:59.999 --> 99:59:59.999 Dolls didn't pay what they owed or follow 99:59:59.999 --> 99:59:59.999 through on other responsibilities after 99:59:59.999 --> 99:59:59.999 the termination, leading to more problems 99:59:59.999 --> 99:59:59.999 and losses for LFI. So at the final part 99:59:59.999 --> 99:59:59.999 of the complaint, Lisa says "This is what 99:59:59.999 --> 99:59:59.999 I want the court to give me." She says she 99:59:59.999 --> 99:59:59.999 wants to be paid damages, which means all 99:59:59.999 --> 99:59:59.999 of the money that they should have 99:59:59.999 --> 99:59:59.999 received under the agreements with Glamour 99:59:59.999 --> 99:59:59.999 Dolls - the exact amount of how much she 99:59:59.999 --> 99:59:59.999 should be paid would be decided at trial. 99:59:59.999 --> 99:59:59.999 Then she wants to be paid back for all of 99:59:59.999 --> 99:59:59.999 the costs and all of the expenses and the 99:59:59.999 --> 99:59:59.999 lawyer's fees as allowed by law. She also 99:59:59.999 --> 99:59:59.999 wants to receive interest on any money 99:59:59.999 --> 99:59:59.999 awarded to them, both before and after the 99:59:59.999 --> 99:59:59.999 court's decision at 18% per year and it 99:59:59.999 --> 99:59:59.999 looks like, you know, this happened in 99:59:59.999 --> 99:59:59.999 2018, it's now 2024, so that's a lot of 99:59:59.999 --> 99:59:59.999 freakin' interest. I'm not going to do the 99:59:59.999 --> 99:59:59.999 math in my brain right now because it's 99:59:59.999 --> 99:59:59.999 physically and mentally impossible for me 99:59:59.999 --> 99:59:59.999 but that's a lot of money. And finally, 99:59:59.999 --> 99:59:59.999 she's like "And if the court wants to 99:59:59.999 --> 99:59:59.999 give me something else, if you think 99:59:59.999 --> 99:59:59.999 there's something else that's fair, feel 99:59:59.999 --> 99:59:59.999 free. You can give me that too." So that 99:59:59.999 --> 99:59:59.999 is Lisa's filing. I have lots of thoughts 99:59:59.999 --> 99:59:59.999 my friend. Do you have thoughts? Because 99:59:59.999 --> 99:59:59.999 if you have thoughts, put 'em in the 99:59:59.999 --> 99:59:59.999 comment section because I'm wondering if 99:59:59.999 --> 99:59:59.999 we have the exact same thoughts. That's 99:59:59.999 --> 99:59:59.999 what the collective brain is all about, is 99:59:59.999 --> 99:59:59.999 us bouning ideas off of each other and in 99:59:59.999 --> 99:59:59.999 a recorded video, it's a little harder. So 99:59:59.999 --> 99:59:59.999 if you have thoughts, definitely leave 99:59:59.999 --> 99:59:59.999 them in the comments. I'm gonna tell you 99:59:59.999 --> 99:59:59.999 mine. Okay, so I have questions. [laughs] 99:59:59.999 --> 99:59:59.999 I have 3 major questions. The first one is 99:59:59.999 --> 99:59:59.999 "What was the timeline for approving the 99:59:59.999 --> 99:59:59.999 Kickstarter?" Because eventually, Lisa was 99:59:59.999 --> 99:59:59.999 participating in the Kickstarter, at least 99:59:59.999 --> 99:59:59.999 it looks like she was participating in the 99:59:59.999 --> 99:59:59.999 Kickstarter. So I am curious what Glamour 99:59:59.999 --> 99:59:59.999 Dolls' side of this is, in that do they 99:59:59.999 --> 99:59:59.999 say that they did the Kickstarter without 99:59:59.999 --> 99:59:59.999 talking to Lisa? Because I noticed 99:59:59.999 --> 99:59:59.999 something that was in their paperwork that 99:59:59.999 --> 99:59:59.999 they filed. They label Kickstarter as a 99:59:59.999 --> 99:59:59.999 business that they were trying to get to 99:59:59.999 --> 99:59:59.999 work with, right? So it's listed in with 99:59:59.999 --> 99:59:59.999 Ipsy and Hot Topic; they also list 99:59:59.999 --> 99:59:59.999 Kickstarter. So it was seen by them - it 99:59:59.999 --> 99:59:59.999 looks like - as just another way to sell 99:59:59.999 --> 99:59:59.999 products and I don't know if that was in 99:59:59.999 --> 99:59:59.999 the contract, that they had to clear what 99:59:59.999 --> 99:59:59.999 retailers they were gonna work with with 99:59:59.999 --> 99:59:59.999 Lisa. Where I think that Lisa may have 99:59:59.999 --> 99:59:59.999 them on this is that they had to use Lisa 99:59:59.999 --> 99:59:59.999 Frank artwork and they had to promote this 99:59:59.999 --> 99:59:59.999 using Lisa Frank branded stuff for the 99:59:59.999 --> 99:59:59.999 Kickstarter before it even started. 99:59:59.999 --> 99:59:59.999 Remember Candy's video. I wish I could 99:59:59.999 --> 99:59:59.999 show you the video - it is killing me that 99:59:59.999 --> 99:59:59.999 this video is private and I can't show 99:59:59.999 --> 99:59:59.999 you the full video. But Candy clearly 99:59:59.999 --> 99:59:59.999 uses Lisa Frank artwork in the video to 99:59:59.999 --> 99:59:59.999 promote this Kickstarter. If Lisa didn't 99:59:59.999 --> 99:59:59.999 know about the Kickstarter, then she 99:59:59.999 --> 99:59:59.999 didn't approve the artwork to be used in 99:59:59.999 --> 99:59:59.999 Candy's video or any other promotional 99:59:59.999 --> 99:59:59.999 things that they did for the Kickstarter. 99:59:59.999 --> 99:59:59.999 So then Lisa would have them on that. 99:59:59.999 --> 99:59:59.999 That's what I'm thinking most likely 99:59:59.999 --> 99:59:59.999 happened - I mean of course it's possible 99:59:59.999 --> 99:59:59.999 that Glamour Dolls did talk to Lisa and 99:59:59.999 --> 99:59:59.999 tell her about the Kickstarter beforehand 99:59:59.999 --> 99:59:59.999 and did get all of the artwork approved 99:59:59.999 --> 99:59:59.999 and all of that, but it sounds like Lisa 99:59:59.999 --> 99:59:59.999 is saying "No, that didn't happen." So 99:59:59.999 --> 99:59:59.999 my next question associated with that - 99:59:59.999 --> 99:59:59.999 it's kind of a sub question to question 99:59:59.999 --> 99:59:59.999 number 1 - is "When did Lisa find out 99:59:59.999 --> 99:59:59.999 about the 10 products that they promised 99:59:59.999 --> 99:59:59.999 to the Kickstarter backers? When did she 99:59:59.999 --> 99:59:59.999 agree to that?" Because it seems like that 99:59:59.999 --> 99:59:59.999 first contract from 2016 was really for 99:59:59.999 --> 99:59:59.999 those 4 products that they actually did 99:59:59.999 --> 99:59:59.999 produce and put out there - the blush 99:59:59.999 --> 99:59:59.999 brush, the crease brush, the bronzer, and 99:59:59.999 --> 99:59:59.999 the eyeshadows. Single eyeshadows, not 99:59:59.999 --> 99:59:59.999 eyeshadow palettes, the single eyeshadows. 99:59:59.999 --> 99:59:59.999 The ones that were sold at Hot Topic. It 99:59:59.999 --> 99:59:59.999 is very very likely that Lisa was on board 99:59:59.999 --> 99:59:59.999 with the Kickstarter about a month after 99:59:59.999 --> 99:59:59.999 the Kickstarter started because in March, 99:59:59.999 --> 99:59:59.999 they show posts that are specifically from 99:59:59.999 --> 99:59:59.999 Lisa, participating in encouraging people 99:59:59.999 --> 99:59:59.999 to enter these contests, to perform these 99:59:59.999 --> 99:59:59.999 tasks, to show their nail looks and things 99:59:59.999 --> 99:59:59.999 like that. Lisa is posting there. So if 99:59:59.999 --> 99:59:59.999 this is really Lisa posting - which it 99:59:59.999 --> 99:59:59.999 doesn't really make any sense to me that 99:59:59.999 --> 99:59:59.999 it wouldn't be Lisa because Glamour Dolls 99:59:59.999 --> 99:59:59.999 wouldn't be able to, like, hide that from 99:59:59.999 --> 99:59:59.999 Lisa - they would have to explain that 99:59:59.999 --> 99:59:59.999 so it doesn't really make sense to me 99:59:59.999 --> 99:59:59.999 that that wasn't actually Lisa posting. 99:59:59.999 --> 99:59:59.999 But she was clearly participating and 99:59:59.999 --> 99:59:59.999 on board in March. Another clue that Lisa 99:59:59.999 --> 99:59:59.999 was involved in the Kickstarter from the 99:59:59.999 --> 99:59:59.999 launch of the Kickstarter was that just 99:59:59.999 --> 99:59:59.999 a few days after the launch, Glamour 99:59:59.999 --> 99:59:59.999 Dolls posted that Lisa was going to go 99:59:59.999 --> 99:59:59.999 into her vault and the first 1,000 backers 99:59:59.999 --> 99:59:59.999 were going to get a very special gift 99:59:59.999 --> 99:59:59.999 from Lisa in their box when they got their 99:59:59.999 --> 99:59:59.999 stuff. They would get a second - what they 99:59:59.999 --> 99:59:59.999 called a treat - if they hit 2,000 backers 99:59:59.999 --> 99:59:59.999 and that Lisa had something really special 99:59:59.999 --> 99:59:59.999 planned if they made it to 10,000 backers. 99:59:59.999 --> 99:59:59.999 So I'm very curious to see if this piece 99:59:59.999 --> 99:59:59.999 comes out in court. My second question is 99:59:59.999 --> 99:59:59.999 "Why the hell did Glamour Dolls sign this 99:59:59.999 --> 99:59:59.999 terrible ass contract?" This is the most 99:59:59.999 --> 99:59:59.999 bull**** contract I think I have ever 99:59:59.999 --> 99:59:59.999 read. It is absolutely nuts. The part that 99:59:59.999 --> 99:59:59.999 is the most unbelievable for me is that 99:59:59.999 --> 99:59:59.999 Glamour Dolls signed this is the whole 99:59:59.999 --> 99:59:59.999 approval process. It is absolutely 99:59:59.999 --> 99:59:59.999 ridiculous. Both sides agree that this was 99:59:59.999 --> 99:59:59.999 the process. So they have an idea, right? 99:59:59.999 --> 99:59:59.999 They start with the idea. Let's use the 99:59:59.999 --> 99:59:59.999 Trapper Keeper palettes as an example. 99:59:59.999 --> 99:59:59.999 So they have an idea that they want to 99:59:59.999 --> 99:59:59.999 create a palette that looks like a Trapper 99:59:59.999 --> 99:59:59.999 Keeper. So they get this plain white 99:59:59.999 --> 99:59:59.999 Trapper Keeper palette made by the 99:59:59.999 --> 99:59:59.999 factory. Glamour Dolls then takes this 99:59:59.999 --> 99:59:59.999 white packaging, this plain plastic 99:59:59.999 --> 99:59:59.999 packaging that's the mock-up, send it to 99:59:59.999 --> 99:59:59.999 Lisa, wait 10 business days. If she 99:59:59.999 --> 99:59:59.999 doesn't answer, they have to poke her and 99:59:59.999 --> 99:59:59.999 get her to give feedback. If she does 99:59:59.999 --> 99:59:59.999 approve of it, Glamour Dolls then takes 99:59:59.999 --> 99:59:59.999 her ideas, whatever she wants changed, and 99:59:59.999 --> 99:59:59.999 lets the manufacturing facility know. Then 99:59:59.999 --> 99:59:59.999 they get another mock-up. Then they send 99:59:59.999 --> 99:59:59.999 that to Lisa. They wait 10 days, they wait 99:59:59.999 --> 99:59:59.999 for the feedback. All of that happens all 99:59:59.999 --> 99:59:59.999 over again until Lisa's happy. I didn't 99:59:59.999 --> 99:59:59.999 see anything on either said that said Lisa 99:59:59.999 --> 99:59:59.999 had a limit to how many changes she could 99:59:59.999 --> 99:59:59.999 make. So let's assume she's now approved 99:59:59.999 --> 99:59:59.999 the mold. Now they have to wait for Lisa 99:59:59.999 --> 99:59:59.999 to make the artwork. Once the artwork 99:59:59.999 --> 99:59:59.999 comes in, again, they send it over to the 99:59:59.999 --> 99:59:59.999 manufacturer. The manufacturer puts it on 99:59:59.999 --> 99:59:59.999 the product. Then Glamour Dolls has to 99:59:59.999 --> 99:59:59.999 have two samples of it that they then send 99:59:59.999 --> 99:59:59.999 over to Lisa and wait those 10 business 99:59:59.999 --> 99:59:59.999 days again. If she doesn't respond, then 99:59:59.999 --> 99:59:59.999 they poke her - same process all over 99:59:59.999 --> 99:59:59.999 again, where she can either reject it or 99:59:59.999 --> 99:59:59.999 accept it. Do you see how this is so 99:59:59.999 --> 99:59:59.999 freaking ridiculous? Because it's not even 99:59:59.999 --> 99:59:59.999 over then! Even after Lisa has approved 99:59:59.999 --> 99:59:59.999 the final designed product, when they 99:59:59.999 --> 99:59:59.999 manufacture it - let's say they make 99:59:59.999 --> 99:59:59.999 10,000 of them, because this did happen - 99:59:59.999 --> 99:59:59.999 they make 10,000 of them, they have to 99:59:59.999 --> 99:59:59.999 send 2 of the 10,000 to Lisa for final 99:59:59.999 --> 99:59:59.999 approval before they can ship those out 99:59:59.999 --> 99:59:59.999 to customers. And I will tell you my 99:59:59.999 --> 99:59:59.999 friend, this actually happened - 99:59:59.999 --> 99:59:59.999 according to Glamour Dolls - with the 99:59:59.999 --> 99:59:59.999 vegan leather makeup bag. This is the 99:59:59.999 --> 99:59:59.999 draft picture of the vegan leather makeup 99:59:59.999 --> 99:59:59.999 bag that was not designed, that people 99:59:59.999 --> 99:59:59.999 really excited about. This is the final 99:59:59.999 --> 99:59:59.999 design that was supposedly "The One," the 99:59:59.999 --> 99:59:59.999 makeup bag. Well it turns out, according 99:59:59.999 --> 99:59:59.999 to Glamour Dolls, Lisa didn't like this 99:59:59.999 --> 99:59:59.999 and after they had printed 10,000 of 99:59:59.999 --> 99:59:59.999 these, Lisa said she didn't want it to be 99:59:59.999 --> 99:59:59.999 vegan leather anymore; she wanted it to 99:59:59.999 --> 99:59:59.999 be glitter plastic. And because of the 99:59:59.999 --> 99:59:59.999 sh**** ass contract that they signed, 99:59:59.999 --> 99:59:59.999 they couldn't sell those 10,000 bags that 99:59:59.999 --> 99:59:59.999 they had already made because she had 99:59:59.999 --> 99:59:59.999 approved the sample. They had to start all 99:59:59.999 --> 99:59:59.999 over again with a glitter bag design. I 99:59:59.999 --> 99:59:59.999 mean how f***ing ridiculous is this? The 99:59:59.999 --> 99:59:59.999 fact that Glamour Dolls signed this 99:59:59.999 --> 99:59:59.999 contract, did they not have a lawyer 99:59:59.999 --> 99:59:59.999 read it? Like what happened? How did this 99:59:59.999 --> 99:59:59.999 get through? From the very jump, this 99:59:59.999 --> 99:59:59.999 should have just never happened and I'm 99:59:59.999 --> 99:59:59.999 sure Glamour Dolls in hindsight is 99:59:59.999 --> 99:59:59.999 thinking the exact same thing. And my 99:59:59.999 --> 99:59:59.999 third question is "Why would they start a 99:59:59.999 --> 99:59:59.999 Kickstarter in February, knowing that 99:59:59.999 --> 99:59:59.999 Lisa's contract was ending in December?" 99:59:59.999 --> 99:59:59.999 Because that's where they really got 99:59:59.999 --> 99:59:59.999 screwed. This is what I'm thinking: I'm 99:59:59.999 --> 99:59:59.999 thinking Lisa designed all of the products 99:59:59.999 --> 99:59:59.999 and got everything going for those first 99:59:59.999 --> 99:59:59.999 four products before the Kickstarter 99:59:59.999 --> 99:59:59.999 even started. And that was why Glamour 99:59:59.999 --> 99:59:59.999 Dolls wanted to do more work with her. 99:59:59.999 --> 99:59:59.999 They were like "Yes, this was so smooth, 99:59:59.999 --> 99:59:59.999 this was so easy. Let's keep this going a 99:59:59.999 --> 99:59:59.999 little longer. We have until December, 99:59:59.999 --> 99:59:59.999 it's only February. We have all this time. 99:59:59.999 --> 99:59:59.999 We pushed out those four products pretty 99:59:59.999 --> 99:59:59.999 quickly as far as getting through this 99:59:59.999 --> 99:59:59.999 process, so let's do 10 more! We've got 99:59:59.999 --> 99:59:59.999 this." Glamour Dolls said publicly that 99:59:59.999 --> 99:59:59.999 they didn't start having problems with 99:59:59.999 --> 99:59:59.999 Lisa slowing down the process until June 99:59:59.999 --> 99:59:59.999 of 2017. So that was after the Kickstarter 99:59:59.999 --> 99:59:59.999 had already started, but before the 99:59:59.999 --> 99:59:59.999 estimated ship date that they told the 99:59:59.999 --> 99:59:59.999 backers of September. And it makes sense 99:59:59.999 --> 99:59:59.999 because if they started signing the 99:59:59.999 --> 99:59:59.999 contract in June of 2016, by February, 99:59:59.999 --> 99:59:59.999 they had made and designed 4 products. 99:59:59.999 --> 99:59:59.999 Assuming that Lisa was done with all of 99:59:59.999 --> 99:59:59.999 the designs and all of the things and all 99:59:59.999 --> 99:59:59.999 of the approvals by the time that the 99:59:59.999 --> 99:59:59.999 Kickstarter started so that's about 8 99:59:59.999 --> 99:59:59.999 months. So they're thinking "Well yeah 99:59:59.999 --> 99:59:59.999 this was so easy, we should be able to 99:59:59.999 --> 99:59:59.999 push out more products by December, by 99:59:59.999 --> 99:59:59.999 the time Lisa's contract ends." So now I 99:59:59.999 --> 99:59:59.999 shall present to you the worst case 99:59:59.999 --> 99:59:59.999 scenario of Lisa's a raging b****. 99:59:59.999 --> 99:59:59.999 [laughter] That's where we're gonna go 99:59:59.999 --> 99:59:59.999 with this. This is worst case scenario 99:59:59.999 --> 99:59:59.999 what happened, in that Lisa knew her 99:59:59.999 --> 99:59:59.999 contract was ending in December, she knew 99:59:59.999 --> 99:59:59.999 that she could slow down this process in 99:59:59.999 --> 99:59:59.999 order to get a new contract in December 99:59:59.999 --> 99:59:59.999 and price gauge the hell out of Glamour 99:59:59.999 --> 99:59:59.999 Dolls. She knew that they had already 99:59:59.999 --> 99:59:59.999 promised all of these products to the 99:59:59.999 --> 99:59:59.999 backers. She knew that they probably 99:59:59.999 --> 99:59:59.999 given her $125,000 of the backers' money. 99:59:59.999 --> 99:59:59.999 She knew that Glamour Dolls was already 99:59:59.999 --> 99:59:59.999 using the backer money in order to get 99:59:59.999 --> 99:59:59.999 these samples and ship them to her. The 99:59:59.999 --> 99:59:59.999 $370,000 that the backers had paid, 99:59:59.999 --> 99:59:59.999 probably a lot of it was already spent 99:59:59.999 --> 99:59:59.999 because that's why they started wanting - 99:59:59.999 --> 99:59:59.999 needing more money. They started selling 99:59:59.999 --> 99:59:59.999 the products on BackerKit, they started 99:59:59.999 --> 99:59:59.999 selling the crease brush on their website, 99:59:59.999 --> 99:59:59.999 they really started courting Hot Topic to 99:59:59.999 --> 99:59:59.999 try to sell products over there because 99:59:59.999 --> 99:59:59.999 Lisa was taking all of the Kickstarter 99:59:59.999 --> 99:59:59.999 backers' money for herself and they were 99:59:59.999 --> 99:59:59.999 using it for the manufacturing of these 99:59:59.999 --> 99:59:59.999 products and they knew it wasn't enough to 99:59:59.999 --> 99:59:59.999 see this whole project through because 99:59:59.999 --> 99:59:59.999 remember they've got 10 products they're 99:59:59.999 --> 99:59:59.999 trying to make by December. So time 99:59:59.999 --> 99:59:59.999 passes, Lisa drags this out, drags this 99:59:59.999 --> 99:59:59.999 out, and then drops the bomb on Glamour 99:59:59.999 --> 99:59:59.999 Dolls: "If you want this to continue, 99:59:59.999 --> 99:59:59.999 after all this money that you spent, 99:59:59.999 --> 99:59:59.999 you're gonna have to pay me $500,000, not 99:59:59.999 --> 99:59:59.999 $100,000 anymore. It's $500,000 and you 99:59:59.999 --> 99:59:59.999 know when you sell to Hot Topic? You're 99:59:59.999 --> 99:59:59.999 not gonna give me 15%, you're gonna give 99:59:59.999 --> 99:59:59.999 me 20%." But at that point, they were so 99:59:59.999 --> 99:59:59.999 far deep in it that they couldn't get out 99:59:59.999 --> 99:59:59.999 of it. They absolutely couldn't get out 99:59:59.999 --> 99:59:59.999 of it. Another place that they probably 99:59:59.999 --> 99:59:59.999 spent the backers' money was on Wengie 99:59:59.999 --> 99:59:59.999 because remember the call that Peter did 99:59:59.999 --> 99:59:59.999 with the backers? He mentions very 99:59:59.999 --> 99:59:59.999 briefly paying for a video. I'll play that 99:59:59.999 --> 99:59:59.999 for you. 99:59:59.999 --> 99:59:59.999 (Peter): We actually didn't make a profit 99:59:59.999 --> 99:59:59.999 off of this Kickstarter campaign. I know 99:59:59.999 --> 99:59:59.999 that's, um, it's a hard thing for people 99:59:59.999 --> 99:59:59.999 to, um, to kind of believe with the size 99:59:59.999 --> 99:59:59.999 of it. But, um, we have to manufacture all 99:59:59.999 --> 99:59:59.999 those goods, uh, we have licensing fees 99:59:59.999 --> 99:59:59.999 to pay to Lisa, um, we had to pay for, you 99:59:59.999 --> 99:59:59.999 know, uh, for production of the video and 99:59:59.999 --> 99:59:59.999 for all these different things. 99:59:59.999 --> 99:59:59.999 (Jen) I don't know this for a fact but 99:59:59.999 --> 99:59:59.999 I think he took the money from the backers 99:59:59.999 --> 99:59:59.999 and paid Wengie to make that video. 99:59:59.999 --> 99:59:59.999 Who knows how much he paid her because 99:59:59.999 --> 99:59:59.999 influencer rates back then, you know, it 99:59:59.999 --> 99:59:59.999 was brand new, you know, influencers 99:59:59.999 --> 99:59:59.999 getting paid for sponsored videos and 99:59:59.999 --> 99:59:59.999 things like that. I have no idea how much 99:59:59.999 --> 99:59:59.999 they paid Wengie but I would imagine that 99:59:59.999 --> 99:59:59.999 was part of where the money was going and 99:59:59.999 --> 99:59:59.999 why they needed to raise more money. 99:59:59.999 --> 99:59:59.999 Because now in December, they not only 99:59:59.999 --> 99:59:59.999 have to get all of these 10 products 99:59:59.999 --> 99:59:59.999 manufactured but they also have to pay 99:59:59.999 --> 99:59:59.999 Lisa this $500,000. Lisa officially had 99:59:59.999 --> 99:59:59.999 Glamour Dolls by the unicorn balls. I mean 99:59:59.999 --> 99:59:59.999 like, she was-she had them. They had no 99:59:59.999 --> 99:59:59.999 choice, in my opinion,