The Philip DeFranco Show - PDS 9.21 H3H3 Teddy Fresh Accusations & Leaked DMs, & Why RBG's Death Sets Up Historic & Ugly Fight

Starting point is 00:00:00 Sup you beautiful bastards, hope you have a fantastic Monday. Welcome back to the Philip DeFranco show. Buckle up, hit that like button and let's just jump into it. And the first thing that we're gonna talk about today is this business, legal, and influencers story that I got so many requests and questions about over the weekend. So the center of this story, you actually have two massive names. You have James Charles and H3H3 Productions, which is Ethan and Hila Klein. And if you don't know, these two have huge apparel offerings. James Charles has his sister's apparel and Hila Klein is the CEO of Teddy Fresh.

Starting point is 00:00:29 Recently, you had a lot of people looking at James Charles' new color blocking collection launch and saying, "'That just looks like Teddy Fresh.'" And it appears the Kleins also saw this with Ethan taking to Twitter to write, "'I know we didn't invent color blocking, "'but I'm having a hard time with the new James Charles mark. "'It's the same exact design as Hila's.

Starting point is 00:00:43 "'Combined with the fact that his audience is so huge, many people will assume he designed it and start accusing us of plagiarism. What do you think? With that tweet, including photos comparing the designs, as well as screenshots of several TikToks James filmed with other massive influencers in his merch, all of which had between 11 and 19 million views

Starting point is 00:00:59 at that time, with Ethan adding, "'It's possible it's all a totally cosmic coincidence, "'but he used pretty much the identical colors here too. "'He at least moved them around a little bit.'" With Hila also sharing her first sketch of the design Ethan adding, it's possible it's all a totally cosmic coincidence, but he used pretty much the identical colors here too. He at least moved them around a little bit. But Hila also sharing her first sketch of the design from 2017, along with another photo of how she works on their color palettes.

Starting point is 00:01:11 Those tweets got a lot of attention, likely put pressure on James, and we actually saw him reply, saying, when you DMed me yesterday, I sent you the original photo that inspired my collection, explained I've never seen your brand, but also asked what you wanted me to do. You didn't reply.

Starting point is 00:01:24 After last year, I vowed to keep conversations private and create solutions, not drama. If you'd like to continue our conversation and find a solution, my DMs are still open." We then saw Ethan reply, giving James permission to share their conversation, saying, "'You told me you were going to sell them anyway. You also admitted that the similarity wasn't a coincidence.

Starting point is 00:01:39 I DMed you because I wanted to keep this private, but I found your response combative and dismissive.'" Right, and at this point, we see a lot of the internet reacting, arguing, right? Some defending James saying it was likely a coincidence, sort of a great minds think alike situation. You also had others arguing that the design itself isn't unique because color blocking

Starting point is 00:01:54 is a popular 80s and 90s trend, right? And you can find plenty of similar looks online. However, many backing H3H3 here have argued that it's less about the color blocking and more about the fact that the color selection and placement are nearly identical. And he also doubting the idea that James has never seen the Teddy Fresh hoodie or their brand.

Starting point is 00:02:08 And that for a few reasons. One, Teddy Fresh is a creator launched apparel company that has actually busted through just being kind of a way to support a creator. People like Billie Eilish and DaBaby wearing their clothes. And two, James follows and his friends with a number of big creators who have worn Teddy Fresh. I see that, but then things get taken to a different level.

Starting point is 00:02:24 You had Ethan continuing to draw attention to this with an upload on TikTok, as well as the couple addressing it further on their podcast, H3 After Dark. And there, Ethan and Hila briefly talk about what happened in the DMs, saying they found James rude. He's like, uh, I've never heard of your brand. I don't know anything about it. And, and, uh, and I don't know what you're talking about. And I already made it. There's nothing I can do. And he was like super rude to, he's like, why are you even messaging me? He said, why are you even messaging me? Are you just trying to start drama? Hmm.

Starting point is 00:02:51 But if that, if I was trying to start drama, I would have just tweeted and not messaged him. Actually, regarding that private conversation, we saw Ethan later tweeting out a part of it. With a caption, James basically admits his team ripped us off, but said it's fine because we don't have the same fan base or demographic. With James Charles appearing to say, Oof, looking closer at the screenshot you just sent me, I will give you the heads up that one of the colorways we're doing is actually an exact copy of the purple, tan, pink, and teal hoodie you guys have. Saying I designed the pastel one based on the Nike hoodie, but my design team pitched me a bunch of colorways. Then adding the units have been produced for a while now,

Starting point is 00:03:21 so there's nothing I can do, but I'll definitely be speaking to them because although I didn't copy anything, they certainly may have, which is not okay." To which then Ethan replies, "'Not really a coincidence then, is it?' Was James appearing to respond, but it appears as though it may not be. Though you did have James arguing that the main hoodie in his collection is not a knockoff,

Starting point is 00:03:37 saying the inspiration was different as well as the color body, pocket, and logo, and adding you don't own color blocking either." And as far as why Ethan shared this private conversation, you had Ethan saying, one, I think it's worth showing he admits he ripped us off with all the people who have been denying it. Two, I have no desire to take legal action,

Starting point is 00:03:51 so this is the closest I can get to some sense of justice before he sells a billion of these. Three, he has gone on a warpath when someone ripped his makeup off. This is in reference to a situation that happened with James Charles and Wet n Wild, where James Charles had said, "'There are only so many colors you can put

Starting point is 00:04:04 "'into an eyeshadow palette, "'and I'm not claiming to own specific colors, "'but when you copy the exact shades and layout "'from my palette without even trying to hide it.'" All right, so there was that, and then Ethan added, "'For all of our fans who will be wearing their color block "'will now be mistaken as James Charles fans.'" But ultimately, that is where we are with this story.

Starting point is 00:04:18 It's essentially just in the court of public opinion. Did James Charles and his team essentially steal from Teddy Fresh? The designs are too similar, or no, you can't own colors. Plus one has big sisters branding, whereas the other has, you know, kind of the Teddy Fresh staple bear. Also one, do you think because James Charles has complained

Starting point is 00:04:33 of something similar in a different avenue in the past, does that make him a hypocrite? Two, based off of what was said publicly and then what was later revealed on those DMs, do you think James or Ethan misrepresented that private conversation? And then three, I've kind of seen this pop up in debate. What are your thoughts on a private conversation

Starting point is 00:04:46 being shared publicly? Or was that wrong to do? Is it only sometimes wrong to do? Is it okay if you feel like you're being misrepresented in public or is it always wrong? I'd love to know your thoughts on this, but also, if there is a main thing that you take away from this story, easily the most important thing

Starting point is 00:05:00 that no one is talking about right now, I am doing an end of September drop. Just in time for spooky season, we have new designs for one day talking about right now. I am doing an end of September drop. Just in time for spooky season, we have new designs for one day will all be skeletons. It's easily been the most requested and second most successful to emotionally exhausted drop we've ever done. I'm teasing this drop here for two reasons.

Starting point is 00:05:15 One, genuinely excited for it. This badassery may in fact be my new favorite. And two, funny enough, this drops embroidered version is coming in a color block option. It's obviously nothing like the thing being argued about and debated here, but I also think that's what makes this offering so strong.

Starting point is 00:05:31 So yeah, let me know what you think regarding any aspect of the story. And also, if you are excited for this drop, make sure you text me at 213-4423 and or go to shopdefranco.com right now and sign up for the newsletter, because of course I'll blast that out when we're launching. And then of course, the last thing

Starting point is 00:05:46 that we're gonna talk about today is the death of Justice Ruth Bader Ginsburg and all of the huge things that we're seeing happening now and we'll see in the future. So as you have likely already seen, RBG died at the age of 87 after battling with pancreatic cancer. We saw many across the country mourning this loss

Starting point is 00:06:00 with Chief Justice John Roberts saying, "'Our nation has lost a jurist of historic stature. "'We at the Supreme Court have lost a cherished colleague. "'Today we mourn, but with confidence "'that future generations will remember "'Ruth Bader Ginsburg as we knew her, "'a tireless and resolute champion of justice.'" Right, and as people were processing this tragic loss,

Starting point is 00:06:17 there was also a huge question hanging over everyone's heads. What happens to her seat on the Supreme Court? And while that may seem harsh or quick to immediately start talking about this, it is incredibly important because her role as a Supreme Court? And while that may seem harsh or quick to immediately start talking about this, it is incredibly important because her role as a Supreme Court Justice holds a ton of weight. And in fact, it was something that was also

Starting point is 00:06:30 on Ginsburg's mind as well. With NPR reporting the days before her death as her strength was waning, she gave a statement to her granddaughter saying, "'My most fervent wish is that I will not be replaced "'until a new president is installed.'" Last wishes and a quote that this morning, President Trump baselessly cast doubt on on Fox and Friends saying I don't

Starting point is 00:06:47 Know that she said that or was that written out by Adam Schiff or Pelosi? I would be more inclined to the second. Okay, you know that came out of the wind that sounds so beautiful But that sounds like a Schumer deal or maybe Pelosi or for shifty shift. I mean, maybe she did and maybe she didn't also to insert My opinion here that is a special kind of low Yes It is a tasteless and baseless attack on a pioneer of human rights in this country. Also, it's not even necessary for him to do this

Starting point is 00:07:10 because her dying wishes and what is allowed by law are different things. Which I mean, on that note of is Donald Trump, are Republicans going to try to fill that seat? Yes, the vast majority of them want to do that ASAP. Though you did see questions in the air. This in large part to what happened back in 2016. Back in February, 2016, when Justice Antonin Scalia died,

Starting point is 00:07:29 Senate Majority Leader Mitch McConnell refused to hold a hearing for then President Barack Obama's nominee for the court, arguing that in an election year with a lame duck president, a nomination should not be made until after a new president has assumed office. With him saying in a statement at that time, the American people should have a voice in the selection of their next Supreme Court justice.

Starting point is 00:07:44 Therefore this vacancy should not be filled until we have a new president. Also to compare and contrast, give you a frame of reference. Scalia's death was roughly nine months before the 2016 election, and Ginsburg's death comes just six and a half weeks before this election.

Starting point is 00:07:56 And so because Mitch McConnell said that back in 2016, you had some people, I guess, who were new, with I guess no understanding of who Mitch McConnell is and what drives him, wondering, will he do the same thing? no understanding of who Mitch McConnell is and what drives him wondering will he do the same thing and no. Mitch McConnell is saying that there is a distinction between 2016 and 2020 because we do not have a lame-duck president. Trump is running for re-election and this stance has been this rule should apply only to lame-duck presidents So he believes this time around the vacancy should be filled saying in the last midterm election before Justice Scalia's death in 2016

Starting point is 00:08:23 Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame duck president's second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite party president Supreme Court nominee in a presidential election year. And adding that when a Republican majority was reelected,

Starting point is 00:08:37 they vowed to work with President Donald Trump and plan to stand by that closing. President Trump's nominee will receive a vote on the floor of the United States Senate. So with that statement, you had a lot of Trump supporters and Republicans happy to hear that news, but others calling him and other Republicans who support that idea hypocrites. With those people pointing to Senator Lindsey Graham, who back in 2016 said, I want you to use my words against me.

Starting point is 00:08:56 If there's a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say, Graham said let's let the next president, whoever it might be, make that nomination and you could use my words against me and you'd be absolutely right. We're setting a precedent here today, Republicans are, that in the last year, at least of a lame duck eight year term, I would say it's going to be a four year term, that you're not going to feel a vacancy of the Supreme Court based on what we're doing here today.

Starting point is 00:09:29 That's gonna be the new rule. Literally saying, use my words against me. The Republicans have set a precedent. But now you have Lindsey Graham saying he would vote on Trump's nominee with him explaining in a series of tweets. The two biggest changes regarding the Senate and judicial confirmations that have occurred

Starting point is 00:09:41 in the last decade have come from Democrats. Harry Reid changed the rules to allow a simple majority vote for circuit court nominees dealing out the minority." Now there, I should note that that Harry Reid change, that actually happened years before the 2016 statement from Graham. But Graham, in this 2020 statement going on to say, "'Chuck Schumer and his friends in the liberal media

Starting point is 00:09:57 conspire to destroy the life of Brett Kavanaugh and hold the Supreme Court seat open. In light of these two events, I will support President Donald Trump in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg. Though here to inject, but also keep separate my opinion, those who thought that Lindsey Graham would not vote here

Starting point is 00:10:12 because he said so back in 2016, are you new? 2020 Lindsey Graham is not the same guy. Something has happened, especially over the last two years. Like with many politicians, I have disagreed with a number of things that Lindsey Graham has said, has stood for four years now. But at least back in 2016, I could point to that guy and go, I don't agree with him,

Starting point is 00:10:30 but I know that his word means something. And to see that change over recent years is wild. As there's that, but back fully to the story, as far as what President Trump is saying, not surprisingly, wants to fill the seat, tweeting, "'We were put in this position of power and importance "'to make decisions for the people "'who so proudly elected us,

Starting point is 00:10:45 "'the most important of which has long been considered "'to be the selection of United States Supreme Court Justices. "'We have this obligation without delay.'" And with that, also vowing to nominate a woman, saying that he'll do so by Friday or Saturday. Among the possibilities for his pick, you have Judge Amy Coney Barrett from the US Court of Appeals for the Seventh Circuit,

Starting point is 00:11:01 who's actually been interviewed for this in the past. You also have former Florida Supreme Court Justice and current Federal Appeals Court, Barbara Lagoa. And there you have some saying that if he chooses her, that could help Trump win Florida. You know, with this news, while you have Trump and many Republicans wanting the vote, you have many Democrats pushing back.

Starting point is 00:11:15 It's saying Republicans set precedent four years ago, former President Obama writing that Ginsburg's wish should be respected and adding four and a half years ago when Republicans refused to hold a hearing or an up or down vote on Merrick Garland, they invented the principle that the Senate shouldn't fill an open seat on the Supreme Court before a new president was sworn in.

Starting point is 00:11:31 A basic principle of law and of everyday fairness is that we apply rules with consistency and not based on what's convenient or advantageous in the moment. The rule of law, the legitimacy of our courts, the fundamental workings of our democracy all depend on that basic principle. You also had Senate Minority Leader Chuck Schumer

Starting point is 00:11:47 tweeting out the exact statement McConnell gave back in 2016 saying that it should wait until after the election. Also, you had a source telling numerous outlets that Schumer has been speaking with other Democrats about this and has said, "'Let me be clear, if Leader McConnell "'and Senate Republicans move forward with this, "'then nothing is off the table for next year.'"

Starting point is 00:12:01 And as far as, you know, what is nothing is off the table? What does that mean? You had a ton of Democratic leaders seeming to back that up with people like Ed Markey tweeting, Mitch McConnell set the precedent. If he violates it when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.

Starting point is 00:12:15 You also had Joe Biden speaking about this yesterday, saying that jamming a nomination through so quickly was constitutional abuse. Now, with all of that said, of course, there's still questions up in the air. Will this vote happen? Will this vote happen before or after the election? And finally, do Republicans have the vote?

Starting point is 00:12:29 Can Democrats stop them? So there, as the AP reports, SCOTUS nominations have taken around 70 days to move through the Senate. That of course is an average, some are shorter, some are longer, like recently Brett Kavanaugh's. But you know, this election is just over 40 days away. That said, what about the votes?

Starting point is 00:12:42 Well, right now the Senate is split 53 to 47 with a Republican majority. So there we see that Democrats would actually need four Republicans to switch over. And for the non-Americans out there going, "'Phil, you can't math,' the reason they need more than three Republicans to switch is because in the event of a tie."

Starting point is 00:12:55 The Vice President of the United States, Mike Pence, gets to split that vote. And as far as do the Democrats have four, well, at least right now it appears they have two. We saw Senator Susan Collins releasing a statement saying, "'In order for the American people to have faith "'in their elected officials, "'we must act fairly and consistently,

Starting point is 00:13:08 "'no matter which political party is in power.'" Adding that she is open to reviewing the credentials of Trump's nominee, but because of the election, does not think there should be a vote. Saying in fairness to the American people who will either be reelecting the president or selecting a new one, "'The decision on a lifetime appointment

Starting point is 00:13:21 "'to the Supreme Court should be made by the president "'who was elected on November 3rd. And then of course you had Senator Lisa Murkowski saying, For weeks I have stated that I would not support taking up a potential Supreme Court vacancy this close to the election. Sadly what was then a hypothetical is now our reality, but my position has not changed. There appears to be two, who would the other two be? Well, as of recording there are still a couple of possibilities or ways that this could play out. With one of the possibilities being that Mitt Romney and Chuck Grassley switch over.

Starting point is 00:13:45 Many thinking that Romney might side with the Democrats here, especially because he was the only Republican Senator to vote in favor of impeaching President Trump. And as far as Grassley, back in 2018, he said he would not consider a SCOTUS nomination in 2020. So Democrats are hoping that he sticks to that. But very notably, neither have made statements about this.

Starting point is 00:14:01 You also have others looking to Republican Senator Cory Gardner of Colorado. Colorado is a purple state right now. He's in a really tight race for his reelection against former governor John Hickenlooper. Though as of right now, Gardner has not shared his stance on a vote, but did say that the country should mourn

Starting point is 00:14:14 before the politics start. And those three are really kind of it as far as Democrats hope. I guess really where I want to end this story are the implications of not only who fills RBG's seat, but when it happens. Right, there are long-term and short-term implications here. And I say that because you have many concerns

Starting point is 00:14:29 that without Ginsburg, the Affordable Care Act, Roe v. Wade, and a ton of other things are in jeopardy. And I mean, when it comes to your healthcare, right, the ACA, I mean, soon. In fact, the week after the election, the Supreme Court is slated to hear oral arguments about a challenge to the ACA. Without a new justice in place, it's believed right now

Starting point is 00:14:44 that the court would deadlock four to four. With Axios reporting that would leave in place the Fifth Circuit Court of Appeals ruling, which said the individual mandate is unconstitutional, but didn't decide how much of the rest of the law to strike down along with it. With Axios adding in that event, the case would likely have to work its way back

Starting point is 00:14:57 through the process and perhaps back up to a full strength Supreme Court. But it's possible that if the new Trump nominee gets put into place, you'd see a vote against the ACA. Also more short term, there are concerns of what happens if we have a contested election. You have the president of the United States almost always baselessly trying to undermine

Starting point is 00:15:12 the results of the election, trying to create confusion and distrust in a system so that there can be a legal battle. Right, so there's this question of if this Trump nominee got through, how would they vote in this situation? Right, but all of that said, right, those concerns, those fears, it appears to have among other things,

Starting point is 00:15:26 activated a lot of Democrats. And I say that because Democratic fundraising platform, ActBlue, actually tweeted out Sunday morning, small dollar donors have now given $100 million on ActBlue since 8 p.m. Eastern time Friday, investing in candidates up and down the ballot and orgs on the front lines of the impending judicial confirmation fight.

Starting point is 00:15:42 The grassroots is ready to fight to honor Justice Ginsburg's legacy. Also, if you want a good visualization of that spike, you can take a look at a fund called Get Mitch or Die Trying. They're spreading donations across several Senate races, trying to flip Republican seats. The hours after Ginsburg's passing, the fund, which at that time was under $5 million, right,

Starting point is 00:15:58 going into the day, jumped to over 15 million raised, then continued, as of recording this video, it's just under $22 million. Yeah, ultimately, that is where we are, it's just under $22 million. Yeah, ultimately that is where we are. And as far as what we're looking at, it seems, as it turns out, the 2016 election was the most consequential election of recent history, with the closest to that now being the 2020 election.

Starting point is 00:16:17 The moment the country decides if there is going to be a hard right lean for the next couple of decades, or Democrats and non-Trump independents and Republicans swing the pendulum the other way. Which I will say to that group, if you don't do it now, I don't know when you'll get another shot. Look at the vote tallies. The Republican party is a minority party in America

Starting point is 00:16:35 with a majority of the power. And I forget who said it, but to paraphrase what feels very true, Democrats have been operating like they're in an episode of the West Wing, but key Republicans realize they're in an episode of House of Cards. But where I'll end this is just a reminder, there are only 43 days left. I highly recommend in the description down below,

Starting point is 00:16:52 you go to the resources that we've been linking every episode. And of course, and if you have not done this already, just do this for me today. Check your registration because these days, you never know. Also, if you're eligible to vote, but you have not registered, you can still fix that. It's different depending on your state,

Starting point is 00:17:04 but as of right now, you can still register in every state. Oh, this year, if you're eligible to vote, but you have not registered, you can still fix that. It's different depending on your state, but as of right now, you can still register in every state. Oh, this year, if you're not doing mail-in, vote.org will help you find a polling place, and you can even sign up to be a poll worker. And there's more. I'll also link to resources down below if you want to get involved. Yeah, that said, we are in the final stretch,

Starting point is 00:17:18 and of course, like with every story we cover, if you have any thoughts on any part, I know there's a lot here, I of course would love to hear from you in those comments down below. And that is where I'm going to end today's show. Of course, as always, a lot here. I of course would love to hear from you in those comments down below. And that is where I'm going to end today's show. Of course, as always, whatever stood out to you, I'd love to hear from you.

Starting point is 00:17:29 Also, thank you for being a part of these daily dives into the news. If you're new here, definitely hit that subscribe button and text me at 813-213-4423. That way when YouTube hits us with the naughty stick again, you can still get a notification as well as other cool stuff like behind the scenes, cool opportunities.

Starting point is 00:17:44 But with that said, of course, as always, my name is Philip DeFranco. You've just been filled in. I love yo faces and I'll see you tomorrow.

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The Philip DeFranco Show - PDS 9.21 H3H3 Teddy Fresh Accusations & Leaked DMs, & Why RBG's Death Sets Up Historic & Ugly Fight

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