Also I need to say this because some people here don't know what Trademark is (and I am not exaggerating... given some responses here)
You do need to say this - I'm a moron who doesn't know what Trademark is. I do know, however, that insulting what could be your own audience will definitely (not) endear them to your way of thinking. Definitely.
In the case of Jim Sterling he has a Trademark claim because he posted a video because in the EULA under Trademark says that he cannot post videos of said product without their set permission.
Now assuming the EULA was 100% legally binding and legal (instead of it being dubious as a contract with additional dubious legality with what is written inside)...
It still wouldn't be a trademark violation... because Jim Sterling in no way presented said Trademark as his own nor presented something else as a genuine product.
You cannot make up the law.
You cannot, for example, write in a contract that "a breach of contract shall be treated as murder" because the law doesn't work that way. Such a case if it went to court would be seen as a fraudulent case.
Which is 100% what is going on with the EULA argument. They have written down conditions in which you violate Trademark separate from the written law.
The lack of commas in the first sentence makes your first sentence difficult to understand, but other than that it makes sense. It would be nice if you linked to an article that said the same thing, though (one from a well-known source, preferably).
Which I thought was obvious, but I had to explain it here.
See my very first comment. I don't know, I'm a moron, but the reminder doesn't help anybody.
The MOST you can argue is because the EULA says you MUST have permission... you might be breaking Trademark because you are falsely presenting yourself as someone with permission. Yet there is no stipulations on content of said video.
Again, this makes sense. Is there a place where I can find the EULA, though?