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Lisa Frank's Side of the Story - Glamour Dolls Makeup x Lisa Frank PART 2| Behind the Controversy

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    Glamour Dolls failed to comply with
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    those obligations when it engaged in a
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    failed online advertising campaign on
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    Kickstarter, using LFI, Lisa Frank's brand
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    without LFI's approval and then refused to
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    pay royalties due when LFI properly
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    terminated the party's contracts as a
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    result of Glamour Dolls' misconduct.
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    Wait a minute. She didn't know about the
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    Kickstarter? Hello my friend, I will
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    honestly tell you that until late last
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    night, I did not think that I was filming
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    a video about Lisa Frank and Glamour
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    Dolls today. I actually had a full video
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    planned about preservative-free cosmetics
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    and how freaking ridiculous and dangerous
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    preservative-free cosmetics are. But then
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    I got a very interesting comment from a
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    person named "Fake Goth Girl." Okay. I get
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    a link. The link is to a court document
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    that I had not previously had access to.
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    This document is Lisa Frank's point of
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    view. It is her counter suit. This is Lisa
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    Frank saying "Glamour Dolls is the bad
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    guy, not me. I didn't do anything wrong -
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    they're the ones that did something
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    wrong." So in today's video, I want to go
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    over Lisa's side of things - what she says
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    in the court documents is the reason why
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    she pulled out of her contract with
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    Glamour Dolls that left backers of the
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    Kickstarter out all of their money - over
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    $400,000 of their money, including my
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    money. My $75? Gone. If you have no idea
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    what I'm talking about, that's because
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    this is Part 2. I strongly strongly
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    suggest you please watch Part 1 of this.
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    It will be linked below. It will be up in
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    a card. It is the background for this
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    video - this video might not make sense
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    if you don't watch that one first. If you
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    don't feel like you have time for an hour
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    and a half long video, what you can do is
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    you can scrub through the timestamps, kind
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    of get the idea of what it is. You can
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    also play it on 1.5 speed if you want to.
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    And I will tell you that the average
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    amount of watch time on that video for a
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    single view is about 40 minutes. That has
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    literally never happened on my channel.
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    This is a story that I think you want to
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    hear and and that I think that you are
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    going to be engaged in if you choose to.
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    That being said, we are starting at Part
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    2. I'm assuming at this point that you
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    have seen that video and that you have
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    that background knowledge. And also,
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    side note, I mentioned this at the end of
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    the video, but there's probably about 40
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    comments mentioning Bailey Sarian's video
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    on Lisa Frank, based on the Jezebel
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    article that we talked about in the first
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    part of this. Yes, I am fully aware of
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    Bailey's video. I have met Bailey. I have
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    collaborated with Bailey. Bailey did a
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    fantastic job on that video. That video is
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    more about Lisa Frank as a person, so if
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    you want even more context for the story,
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    I highly recommend you go watch Bailey's
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    video as well. What we're gonna do with
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    this part is I'm actually gonna put Lisa
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    Frank's lawsuit on the side of me so if
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    you are fluent in Legalese, you can follow
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    along and see the match up of what I'm
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    saying. Surprisingly, a lot of is is
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    pretty clear cut and there isn't a ton of
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    lawyer language in this that was difficult
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    to understand. So if you would like to
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    read along, it is going to be next to me
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    over here. Here we go. So this is what
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    Lisa says. This is her side of things.
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    This is all about the deal in 2016, the
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    original deal that she had. Lisa says they
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    struck the deal in June of 2016 that would
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    end on December 31st of 2017 - that
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    matches up with Glamour Dolls' side, so
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    I'm assuming there's legal contracts, so
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    there's evidence of this. So Glamour Dolls
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    in that original contract, agreed to pay
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    Lisa Frank 15% royalty on the net sales
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    of the products made under the deal, with
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    a minimum payment of $100,000 for the
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    duration of the agreement, including a
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    $25,000 advance. Glamour Dolls promised to
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    do their best, to make, sell, promote, and
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    market the products to get as many sales
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    as possible, always focusing on high
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    quality. Now this part is very very
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    important because this is really the root
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    of why everything went wrong. They had to
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    get Lisa Frank's approval on literally
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    everything, from the design concepts to
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    the artwork, to the molds for production,
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    to the final product samples before going
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    into production. Lisa Frank had the right
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    to approve or reject the elements and
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    Glamour Dolls had to follow Lisa Frank's
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    directions on quality standards. Now
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    listen to this because this is part of the
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    reason why things were taking so long. So,
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    for designs, Glamour Dolls had to wait up
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    to 10 business days - that's about two
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    weeks or so - for Lisa Frank to approve
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    or reject anything that they submitted to
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    her. If Lisa didn't respond in time,
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    Glamour Dolls was allowed to ask after
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    those 10 business days, "Hey, what's going
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    on? I need a full description of why you
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    reject this or I need an approval." But
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    this is the kicker! Because even after
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    approval, and remember, this is according
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    to Lisa herself, Lisa could stop the
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    production and distribution of the
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    products if they didn't meet her quality
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    standards. That's a subjective thing -
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    that is not something that can be
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    measured. Lisa can just for any reason,
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    just say "This doesn't meet my quality
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    standards" and stop production at any
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    point. And it wasn't just for production
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    of product. It also had to do with
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    advertising, packaging, display methods,
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    press releases - anything using Lisa Frank
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    artwork - Glamour Dolls had to run this by
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    Lisa. They had to wait for those 10
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    business days and then if she didn't
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    respond in 10 business days, then they had
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    to poke her about it and be like "Dude,
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    what's going on?" They had to keep poking
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    her if she didn't respond after those 10
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    business days. So remember this original
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    contract that I personally believe was to
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    create the blush, the highlighter, and the
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    two brushes - that contract was ending
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    in December. But remember the Kickstarter
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    had started in February. We're now in
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    December. February - they promised backers
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    10 additional products beyond these four
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    that had already been funded. Lisa's
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    contract is about to end, so they need to
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    start a new contract. This is what Lisa
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    says was in the new contract: same 15%
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    royalty on the net sales of the products
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    plus 20% royalty on sales made directly to
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    retail customers. So this would be if
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    people bought it off of Ipsy's marketplace
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    or if people bought it from Hot Topic,
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    or at one point they were talking to
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    Walmart - any of those, Lisa would get a
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    20% royalty off of. Beyond that, in the
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    first contract, Lisa asked for at least
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    $100,000 for her fees. In the new
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    contract, Lisa upped that to $500,000.
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    That included an up front payment of
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    $125,000 that needed to be paid when the
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    contract was signed. Three more payments
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    would be paid throughout the year to total
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    that $500,000. The rules for making the
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    products were pretty much the same as the
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    first contract. All of the levels of "you
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    need to send it to Lisa and she needs to
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    approve it" and then the 10 business days
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    - all of that was pretty much the same.
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    The only thing that changed, which we'll
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    find out more about in just a minute, is
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    that they did not have to get pre-shipment
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    approval. So Lisa has already approved
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    the final draft of the product, they have
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    put that into production, they now have
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    the products - they've got thousands and
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    thousands of these products - they don't
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    have to send those products to Lisa for
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    approval anymore. But there is a clause -
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    because of course there is - if there were
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    any production problems, if after all of
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    these things were sent out and Lisa
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    decided that there was a production
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    problem, there was something she didn't
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    like, Glamour Dolls would have to pay
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    damages for that. What would those
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    damages be? I have no idea, it's not in
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    here. Another thing that's very important
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    in Lisa's side of the story is that they
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    said that Lisa could end the deal
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    immediately if Glamour Dolls broke certain
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    rules, like not following the approval
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    process or having production issues 3
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    times. If Lisa decided that she was
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    going to terminate the agreement, Glamour
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    Dolls had to not only stop making
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    products, they had to stop selling their
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    existing products. Then they had to turn
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    over the rights to the artwork. Anything
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    that Lisa had created for Glamour Dolls
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    would now be owned by Lisa. And you might
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    be seeing where this might be going -
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    maybe if you watched part 1. Because she
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    did that. That happened. In context. you
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    have to remember that this is 3 months
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    past the date that Glamour Dolls had
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    promised products would be done and
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    shipped to backers. So they are deep deep
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    in it now. They are sending out that
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    digital Christmas card, where people can
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    send it to their families, saying "Hey,
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    you know, you might be getting some Lisa
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    Frank products that I bought for you at
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    some point. This is what's coming." That's
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    where we're at. A lot of the backers are
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    already irritated by this point. From
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    Lisa's side, she says in her court
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    documents that LFI, or Lisa Frank
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    Incorporated, fully performed its
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    obligations under the license agreements -
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    I do believe Glamour Dolls would argue
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    against that. They say specifically
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    Glamour Dolls repeatedly failed to meet
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    their responsibilities under the agreemnts
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    they had with Lisa Frank. This is how Lisa
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    says Glamour Dolls messed up. And
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    remember, she's going to have to prove
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    this for her counter suit. This is what
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    she says - she says they didn't put in
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    enough effort to produce, distribute,
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    promote, and sell the products that they
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    were supposed to. She says that they
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    didn't aim to sell as many high quality
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    products as they could, that they had
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    signed off in their contract. She says
    that
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    they use Lisa Frank artwork in ads and
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    packaging without getting approval first,
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    which was against their rules of the
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    contract. She says Glamour Dolls was late
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    in making and delivering the products,
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    which they were. She says that Glamour
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    Dolls didn't follow the agreed upon
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    process for getting products inspected
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    and approved, that they didn't pay the
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    royalties and the minimum amounts that
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    they were supposed to, and that they used
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    the Kickstarter to sell products without
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    getting the okay from Lisa Frank
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    Incorporated, which was of course not
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    allowed. Finally, they say that Glamour
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    Dolls promised products to backers and
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    then never shipped them out, which is
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    true. But the question is: why didn't they
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    ship them out? What was stopping them
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    from doing it? Was it a fault of Glamour
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    Dolls or was it a fault of Lisa? We're
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    still in Lisa's perspective, so let's
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    follow that. Lisa says that even through
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    all of the things that I just listed - the
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    things that are in Lisa's filing - she
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    continued to try to work with Glamour
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    Dolls to make things work. She says she
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    did this only because she felt like, if
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    she didn't continue with Glamour Dolls and
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    see this through and get the backers what
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    they ordered, that it would damage Lisa
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    Frank. It would damage her and her brand.
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    It wasn't about making sure that people
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    got what they paid for, it was about the
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    damage it would cause to her reputation
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    and her brand's reputation. She says in
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    her statement that, you know, that Glamour
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    Dolls had made all these promises and
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    they failed to go through on them, that
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    they even said that they were shipping
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    things to people that they never shipped
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    to them, which I don't know if it's
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    actually true. Because from what I've
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    seen, anybody that was supposed to get
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    the eyeshadow and the bronzer and the
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    postcard did get those things. There is
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    some question, at least in the comments
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    underneath my last video of whether people
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    who ordered the brush separately, whether
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    they actually got their brush. So maybe
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    that's what Lisa is talking about. Lisa
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    says that Glamour Dolls ignored rules
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    that they had to follow to get Lisa's
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    approval before making anything. She says
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    that they attempted to make or change
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    products without talking to her first.
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    And also that they didn't give her the
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    samples required that she needed to
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    review. The perspective here is that
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    because of those failures, people started
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    blaming Lisa Frank and not Glamour Dolls,
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    where she's saying it wasn't her fault,
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    it was Glamour Dolls' fault. She said that
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    people began to think that Lisa Frank was
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    scamming
Title:
Lisa Frank's Side of the Story - Glamour Dolls Makeup x Lisa Frank PART 2| Behind the Controversy
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Video Language:
English
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Duration:
29:58

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