Proven Industries v. Trevor McNally: Difference between revisions
Page created, needs more work |
Amending Background section to clarify that Proven Industries laughed at the idea of Trevor McNally being able to open their lock, and that McNally's video was made as a response to their video, the comment on their video and the reply by Proven Industries. |
||
| Line 4: | Line 4: | ||
==Background== | ==Background== | ||
On April 2025, Trevor McNally published a video on [[YouTube]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's YouTube video |url=https://www.youtube.com/watch?v=YjzlmKz_MM8 |url-status=dead |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref> [[TikTok]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's TikTok post |url=https://www.tiktok.com/@mcnallyofficial/video/7489223700735118622 |url-status=live |access-date=Jun 18, 2025 |website=[[TikTok]]}}</ref> [[Facebook]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's Facebook video |url=https://www.facebook.com/share/r/1ZicXjkyNb/ |url-status=dead |access-date=Jun 18, 2025 |website=[[Facebook]]}}</ref> and [[Instagram]]<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's Instagram post |url=https://www.instagram.com/p/DIAH9vps19y/?hl=en |url-status=dead |access-date=Jun 18, 2025 |website=[[Instagram]]}}</ref> intended to both educate and entertain users on the insecurity of the lock via the usage of a makeshift shim created out of a soda can. In response to McNally's video, [[Proven Industries]] submitted takedown requests of the videos on all of these platforms, and then soon after filed a lawsuit against McNally.<ref name=":0" /> | In March 2025, Proven Industries published a video on Instagram, featuring their Latch Pin Lock<ref>{{Cite web |date=2025-08-31 |title=Proven Industries > Latch Pin Lock |url=https://www.provenlocks.com/products/latch-pin-lock |url-status=live |archive-url=https://web.archive.org/web/20250211010616/https://www.provenlocks.com/products/latch-pin-lock |archive-date=2025-02_11 |access-date=2025-08-31 |website=Proven Industries}}</ref> and a Proven Industries staff member using a number of tools on the lock and stating that there was no way for anyone to bypass the lock. In the comments of that video a user by the name of gq_videos said "Let's introduce it to the @mcnallyoffical poke" someone at Proven Industries responded to that comment by posting: "lol those guys like the cheap locks lol because they are easy and fast".<ref>{{Cite web |date=2025-08-31 |title=DEFENDANT TREVOR MCNALLY’S OPPOSITION TO | ||
PLAINTIFF’S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION |url=https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |url-status=live |archive-url=https://web.archive.org/web/20250611182806/https://storage.courtlistener.com/recap/gov.uscourts.flmd.441411/gov.uscourts.flmd.441411.14.0.pdf |archive-date=2025-06-11 |access-date=2025-08-31 |website=Court Listener}}</ref> | |||
On April 2025, Trevor McNally published a response video on [[YouTube]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's YouTube video |url=https://www.youtube.com/watch?v=YjzlmKz_MM8 |url-status=dead |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref> [[TikTok]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's TikTok post |url=https://www.tiktok.com/@mcnallyofficial/video/7489223700735118622 |url-status=live |access-date=Jun 18, 2025 |website=[[TikTok]]}}</ref> [[Facebook]],<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's Facebook video |url=https://www.facebook.com/share/r/1ZicXjkyNb/ |url-status=dead |access-date=Jun 18, 2025 |website=[[Facebook]]}}</ref> and [[Instagram]]<ref>{{Cite web |last=McNally |first=Trevor |date=Apr 3, 2025 |title=McNally's Instagram post |url=https://www.instagram.com/p/DIAH9vps19y/?hl=en |url-status=dead |access-date=Jun 18, 2025 |website=[[Instagram]]}}</ref> intended to both educate and entertain users on the insecurity of the lock via the usage of a makeshift shim created out of a soda can. In response to McNally's video, [[Proven Industries]] submitted takedown requests of the videos on all of these platforms, and then soon after filed a lawsuit against McNally.<ref name=":0" /> | |||
[[File:McNally Takedown.png|thumb|A screenshot taken from a taken down [https://www.youtube.com/shorts/YjzlmKz_MM8 McNally video] displaying Proven Industries' copyright claim over the video]] | [[File:McNally Takedown.png|thumb|A screenshot taken from a taken down [https://www.youtube.com/shorts/YjzlmKz_MM8 McNally video] displaying Proven Industries' copyright claim over the video]] | ||
==Lawsuit<!-- Extra documents to flip through: https://www.courtlistener.com/docket/70036390/proven-industries-inc-v-trevor-mcnally/ -->== | ==Lawsuit<!-- Extra documents to flip through: https://www.courtlistener.com/docket/70036390/proven-industries-inc-v-trevor-mcnally/ -->== | ||
=== Claims === | ===Claims=== | ||
# Copyright infringement Cited multiple times inside of the legal document,<ref name=":0" /> [[Proven Industries]] attempts to claim that McNally was not following fair use doctrine for the purposes of his video. Notably due to the takedown of McNally's content, Proven instead uses screenshots to demonstrate theft, seen in sections 27 and 29 of the document. | #Copyright infringement Cited multiple times inside of the legal document,<ref name=":0" /> [[Proven Industries]] attempts to claim that McNally was not following fair use doctrine for the purposes of his video. Notably due to the takedown of McNally's content, Proven instead uses screenshots to demonstrate theft, seen in sections 27 and 29 of the document. | ||
# Defamation | #Defamation | ||
# False advertising [[Proven Industries]] claims that McNally falsely advertised the ease in bypassing the lock in sections 32-35,<ref name=":0" /> and directly claimed that McNally was acting childish to support these claims.<!-- Try saying that with a straight face... --> Additionally in sections 36-40, Proven claims that McNally was doctoring the footage, as the shim was shown deformed through the video, despite how aluminum is capable of being easily deformed under stress.<ref name=":1">{{Cite web |last=Runkle Of The Bailey |date=Jun 5, 2025 |title=When Your Lock Is Bad, Sue? Proven Industries v. Trevor McNally |url=https://www.youtube.com/watch?v=ItSrtE-GHCc |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref><!-- Need to highlight sections 41 and 42: | #False advertising [[Proven Industries]] claims that McNally falsely advertised the ease in bypassing the lock in sections 32-35,<ref name=":0" /> and directly claimed that McNally was acting childish to support these claims.<!-- Try saying that with a straight face... --> Additionally in sections 36-40, Proven claims that McNally was doctoring the footage, as the shim was shown deformed through the video, despite how aluminum is capable of being easily deformed under stress.<ref name=":1">{{Cite web |last=Runkle Of The Bailey |date=Jun 5, 2025 |title=When Your Lock Is Bad, Sue? Proven Industries v. Trevor McNally |url=https://www.youtube.com/watch?v=ItSrtE-GHCc |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref><!-- Need to highlight sections 41 and 42: | ||
41. While the shim is briefly visible in the McNally Video, Defendant failed to disclose that successfully bypassing the lock required prior disassembly of the product to examine its internal components, including the position of the plunger, and to manufacture a custom-fit shim with precise notch dimensions. | 41. While the shim is briefly visible in the McNally Video, Defendant failed to disclose that successfully bypassing the lock required prior disassembly of the product to examine its internal components, including the position of the plunger, and to manufacture a custom-fit shim with precise notch dimensions. | ||
42. This omitted context misleadingly suggests that the bypass could be performed easily without specialized knowledge, preparation, or internal measurement --> | 42. This omitted context misleadingly suggests that the bypass could be performed easily without specialized knowledge, preparation, or internal measurement --> | ||
# Violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) This claim was made despite the defendant living in Virginia. | #Violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) This claim was made despite the defendant living in Virginia. | ||
# Torturous interference | #Torturous interference | ||
# Unjust enrichment Covered in section 4 in the introduction:<blockquote>On information and belief, McNally is affiliated with and/or an agent of Covert Instruments (hereinafter "Covert"), a company that sells lock-picking tools. McNally lists Covert's website on his social media pages, and Covert Instruments' website features McNally and benefits from the misleading content McNally produces.</blockquote>This claim has been cited as questionable by consumers<ref name=":1" /> and the media considering the fact that the shim was made from an ordinary object rather than any product sold on the website.<ref name=":2">{{Cite web |last=McNally |first=Trevor |date=May 23, 2025 |title=They called me out…now they’re suing me. Proven Locks |url=https://www.youtube.com/watch?v=MbQp5JcQwLA |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref> | #Unjust enrichment Covered in section 4 in the introduction:<blockquote>On information and belief, McNally is affiliated with and/or an agent of Covert Instruments (hereinafter "Covert"), a company that sells lock-picking tools. McNally lists Covert's website on his social media pages, and Covert Instruments' website features McNally and benefits from the misleading content McNally produces.</blockquote>This claim has been cited as questionable by consumers<ref name=":1" /> and the media considering the fact that the shim was made from an ordinary object rather than any product sold on the website.<ref name=":2">{{Cite web |last=McNally |first=Trevor |date=May 23, 2025 |title=They called me out…now they’re suing me. Proven Locks |url=https://www.youtube.com/watch?v=MbQp5JcQwLA |access-date=Jun 18, 2025 |website=[[YouTube]]}}</ref> | ||
# Civil conspiracy | #Civil conspiracy | ||
# Trade libel | #Trade libel | ||
Additionally, Proven attempted to file an emergency injunction against McNally<ref>{{Cite web |last=[[Proven Industries]] |date=Jun 2, 2025 |title=Preliminary Injunction |url=https://www.courtlistener.com/docket/70036390/10/proven-industries-inc-v-trevor-mcnally/ |access-date=Jun 18, 2025 |website=Court Listener}}</ref> to prevent further posting about the flaws of their locks, called for within this injunction was emergency relief for damages that exclude engineering costs to resolve the lock's vulnerability, meaning if Proven Industries is to win this case, the company will neglect to resolve the flaws of the lock itself. | Additionally, Proven attempted to file an emergency injunction against McNally<ref>{{Cite web |last=[[Proven Industries]] |date=Jun 2, 2025 |title=Preliminary Injunction |url=https://www.courtlistener.com/docket/70036390/10/proven-industries-inc-v-trevor-mcnally/ |access-date=Jun 18, 2025 |website=Court Listener}}</ref> to prevent further posting about the flaws of their locks, called for within this injunction was emergency relief for damages that exclude engineering costs to resolve the lock's vulnerability, meaning if Proven Industries is to win this case, the company will neglect to resolve the flaws of the lock itself. | ||
=== Rebuttal <!-- Read documents from: https://www.courtlistener.com/docket/70036390/proven-industries-inc-v-trevor-mcnally/ --> === | ===Rebuttal<!-- Read documents from: https://www.courtlistener.com/docket/70036390/proven-industries-inc-v-trevor-mcnally/ -->=== | ||
{{Incomplete section}} | {{Incomplete section}} | ||
To be added - Read comments.<!-- Coverage in this video to eventually watch: | To be added - Read comments.<!-- Coverage in this video to eventually watch: | ||