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Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
Aussie wrote:I don't get it - why do people think that there would be a lawsuit for Dr Pepper mentioning GN'R in an independent marketing campaign, unless GN'R authorised it first???? It's not like Dr Pepper has said "this promotion is endorsed by Guns N' Roses" or anything similar.
It's a promotion based upon an event either happening or not. They haven't defamed GN'R or anything else. There are no grounds for suing. To say that simply because they mentioned the name is the basis for suing is ridiculous - it's akin to saying anybody that might mention the name GN'R in a sentance can be sued. Well radio DJ's etc that make jokes about CD not being released better look out
Extending that logic futher GN'R better watch themselves otherwise they will have a lawsuit from China for using that countries name and promoting a form of government that they vehemently oppose.
Journalists and DJs don't stand to profit from using the GNR name. They're protected by free speech and freedom of the press anyhow. If Dr Pepper is using the GNR name to promote its product, then its likely that they received permission. Otherwise, the company would face legal ramifications. Advertising campaigns can be very tricky, but if they're connected to a separate entities products or services and that entity does not endorse the connection, that's the tort of passing off. Such can be subject to C&D orders or lawsuits.
I hear what you are saying, but it's not like they have used the GN'R name to specifically endorse their product or anything e.g. "Axl would never be caught in the jungle with anything but a Dr Pepper". It's kinda like saying "if Hilary Clinton gets into government then we will give out a free Dr Pepper'. Personally I can't see anything wrong with that (although you may disagree with the politics of the individual, but that's a personal opinion not a legal matter). Whilst I admit I am not up on the intracies of the law on this type of thing (so I stand to be corrected) but I'm just struggling to see the basis for a law suit.
On a side note I would obviously love it if GN'R were somehow in on this because as others mentioned it would most likely mean the wait is almost over. Plus it's kinda weird this comes out at the same time as the new management team announcement, but I don't know?
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
I hear what you are saying, but it's not like they have used the GN'R name to specifically endorse their product or anything e.g. "Axl would never be caught in the jungle with anything but a Dr Pepper". It's kinda like saying "if Hilary Clinton gets into government then we will give out a free Dr Pepper'. Personally I can't see anything wrong with that (although you may disagree with the politics of the individual, but that's a personal opinion not a legal matter). Whilst I admit I am not up on the intracies of the law on this type of thing (so I stand to be corrected) but I'm just struggling to see the basis for a law suit.
Guns N Roses is a registered trademark. Therefore, you cannot use the term without consent. BS is right about freedom of the press. But as for your Hillary analogy, could Dr Pepper say "We'll giva away a free soda if LeBron James wins the Championship" or if "Sidney Crosby gets to the Stanley Cup" No. Why?? You have to pay millions of dollars to use those guys names in advertising. Same thing with sponsoring a movie.
Believe me, it was worked out in advance. Maybe GnR or the label wasn't directly paid $$, but approval was given.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
all evidence points to saying they didn't know....for God sake, Axl isn't going to lie about everything....:rolleyes:
no it doesn't. in fact, the opposite is true. several persons across the forums have claimed to have called dr pepper and gotten confirmation by phone and e-amil that it is a collaberation and posted about it. the evidence that it is a collaberation holds more weight than the evidence that it isn't for this reason: there are several reasons for dr pepper people to lie or simply not know about it by denying the relationship exists and there are zero reasons for them to make it up.
the info we have right now is a leak of a promotional campaign. certain people at dr pepper either do not know about it yet because they haven't been trained and/or informed yet since it is not time OR they have been instructed to deny it until the campaign is officially underway.
- DoubleTalkingJive
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Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
Aussie wrote:I hear what you are saying, but it's not like they have used the GN'R name to specifically endorse their product or anything e.g. "Axl would never be caught in the jungle with anything but a Dr Pepper". It's kinda like saying "if Hilary Clinton gets into government then we will give out a free Dr Pepper'. Personally I can't see anything wrong with that (although you may disagree with the politics of the individual, but that's a personal opinion not a legal matter). Whilst I admit I am not up on the intracies of the law on this type of thing (so I stand to be corrected) but I'm just struggling to see the basis for a law suit.
Guns N Roses is a registered trademark. Therefore, you cannot use the term without consent. BS is right about freedom of the press. But as for your Hillary analogy, could Dr Pepper say "We'll giva away a free soda if LeBron James wins the Championship" or if "Sidney Crosby gets to the Stanley Cup" No. Why?? You have to pay millions of dollars to use those guys names in advertising. Same thing with sponsoring a movie.
Believe me, it was worked out in advance. Maybe GnR or the label wasn't directly paid $$, but approval was given.
But, before Axl knew about it, it was only mentioned it on these forums and sent to the press, it's not on any of their products nor on their website...yet. So they aren't advertising their product in this challenge in commercials or ads or anything of a professional promotional way, they mentioned it and now Axl knows thus I am sure they are getting permission to do the above. If GNR knew ahead of time and gave consent, you'd see this on TV, in promotions ads, on their website, on the product itself none of which had been done yet.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
PaSnow wrote:Aussie wrote:I hear what you are saying, but it's not like they have used the GN'R name to specifically endorse their product or anything e.g. "Axl would never be caught in the jungle with anything but a Dr Pepper". It's kinda like saying "if Hilary Clinton gets into government then we will give out a free Dr Pepper'. Personally I can't see anything wrong with that (although you may disagree with the politics of the individual, but that's a personal opinion not a legal matter). Whilst I admit I am not up on the intracies of the law on this type of thing (so I stand to be corrected) but I'm just struggling to see the basis for a law suit.
Guns N Roses is a registered trademark. Therefore, you cannot use the term without consent. BS is right about freedom of the press. But as for your Hillary analogy, could Dr Pepper say "We'll giva away a free soda if LeBron James wins the Championship" or if "Sidney Crosby gets to the Stanley Cup" No. Why?? You have to pay millions of dollars to use those guys names in advertising. Same thing with sponsoring a movie.
Believe me, it was worked out in advance. Maybe GnR or the label wasn't directly paid $$, but approval was given.
But, before Axl knew about it, it was only mentioned it on these forums and sent to the press, it's not on any of their products nor on their website...yet. So they aren't advertising their product in this challenge in commercials or ads or anything of a professional promotional way, they mentioned it and now Axl knows thus I am sure they are getting permission to do the above. If GNR knew ahead of time and gave consent, you'd see this on TV, in promotions ads, on their website, on the product itself none of which had been done yet.
we will.
when the campaign officially beings. this is a leaked promotion plan, whether it is intentional by dr pepper or not.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
So is that where it's at right now?? It is going to be a campaign but DR P hasn't released it yet. I wonder how hig it will be. Will kinda suck if I'm watching TV & I see a commercial saying "If Chinese Democracy doesn't come out, you'll get a free can of soda". Hopefully due to the weblogs over it, they revise it & make it more of a viral, grassroots campaign. Maybe put something on youtube.
BTW, slightly off topic, how many emails did you guys get from friends about this?! I got 5. 5 different emails from firends, not all replying to each other, but different people who heard it on the radio, on the web, even msnbc.com. So I guess I'm the defacto GnR authority among my friends. Also, I think one of my friends visits a site. He saw it pretty quick after it was posted on the forums.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
Aussie wrote:I hear what you are saying, but it's not like they have used the GN'R name to specifically endorse their product or anything e.g. "Axl would never be caught in the jungle with anything but a Dr Pepper". It's kinda like saying "if Hilary Clinton gets into government then we will give out a free Dr Pepper'. Personally I can't see anything wrong with that (although you may disagree with the politics of the individual, but that's a personal opinion not a legal matter). Whilst I admit I am not up on the intracies of the law on this type of thing (so I stand to be corrected) but I'm just struggling to see the basis for a law suit.
Guns N Roses is a registered trademark. Therefore, you cannot use the term without consent. BS is right about freedom of the press. But as for your Hillary analogy, could Dr Pepper say "We'll giva away a free soda if LeBron James wins the Championship" or if "Sidney Crosby gets to the Stanley Cup" No. Why?? You have to pay millions of dollars to use those guys names in advertising. Same thing with sponsoring a movie.
Believe me, it was worked out in advance. Maybe GnR or the label wasn't directly paid $$, but approval was given.
Ok maybe it's my ignorance on this issue now so please forgive me, plus I am trying to use logic and common sense (which we all know the law has none of that).
What if I said "my CD is on sale today please everyone buy it, plus if you hate Coke as much as me and prefer Pepsi please buy it.
Do I need permission to promote my personal opinion on Coke Vs Pepsi in my marketing campaign - I didn't think so?? My understanding was that just because it was a registered trademark it didn't mean that you could never use those words???
Im not disagreeing that the whole marketing campaign couldnt have been worked out in advance with GN'R and I would love it if it was. I guess I am just being a dick or maybe pragmatic about what's actually occurred and some finer points on whether it could actually be litigious to do what they did or not.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
But, before Axl knew about it, it was only mentioned it on these forums and sent to the press, it's not on any of their products nor on their website...yet. So they aren't advertising their product in this challenge in commercials or ads or anything of a professional promotional way, they mentioned it and now Axl knows thus I am sure they are getting permission to do the above. If GNR knew ahead of time and gave consent, you'd see this on TV, in promotions ads, on their website, on the product itself none of which had been done yet.
I was born on a day, but that day wasn't yesterday. No way on earth do I believe this wasn't worked out ahead of time. Not a chance. Dr P had it all worked out, ready to go (probably on April 1st) but somehow (Kaneda??) word got out about it & it spread. Irregardless, the prior consent was already obtained. No matter what people are saying employees of GnR, Dr P, or Universal are saying.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
Guns N Roses is a registered trademark. Therefore, you cannot use the term without consent given.
Untrue, one does not need to pay a company to use their trademark. Take Line6 (guitar amps), for example: http://www.line6.com/legalDetail.html
They use their competitors trademarks to point out the quality of their tones & sounds, you can bet your sweet ass on the fact that they didn't ask permission to do so.
Again, a trademark can be freely used to describe the product associated with it, without permission from the trademark owner. And think about it: if Pepsi can advertise their drink by comparing the product to CocaCola's and use their brand name, logo, etc... in their commercials, why would a non-competitor have to pay, or ask permission to use the trademark in their advertising campains?
As long as they don't tarnish or dilute the trademark's value, they can flat out do whatever they want with it.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
But, before Axl knew about it, it was only mentioned it on these forums and sent to the press, it's not on any of their products nor on their website...yet.
that's what you know based on info passed on to you. the only thing we can do is assume at this point.
gnr and dr pepper, if they are in this together, clearly are basing their whole marketing on the "will it come out or not" suspense. of course axl won't go and say "hell, yeah, i know about dr. pepper". the question mark above the release of cd has to be kept there for people to actually be drawn into this "dilemma". you have to keep people guessing.
