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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.
maybe there will be a commercial of axl sharing his dr pepper with buckethead and the narrator saying "we wanna share our dr pepper with you. upon release of the long awited chinese democracy by guns n roses, dr pepper will provide everyone in america with free soda. so stay tuned for brand new guns n roses and free dr pepper.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
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???
Here's the deal, is it possible (legally speaking) that GnR didn't know about this and Dr P went ahead with it anyway, and now GnR & Axl are choosing not to sue. Yes. Is it likely a corporation would partner with another registered trademark without consent. Not really. If Axl got upset & sued, the entire marketing department of Dr P would be fired. Now, imagine you're the VP of Mkt'g at Dr P, worked 20 years in the biz to get to where you are. Are you going to risk getting fired over something like this (no matter how successful it ends up being). If Axl Rose (not the most reasonable person) chooses to file suit, your fired. period. The CEO of Dr P isn't going to take your side, they'll fire you & your staff so it looks like they are taking measures to correct the problem.
As for your Coke v Pepsi debate. Actually yes, Pepsi CAN demand you take their name off of the advertising. If Michael Jackson released a CD during his saga with children do you think Pepsi would allow him to use their product tie in. Absolutely not. Even STP with all Scotts drug problems, company's may ask they not be associated with them. Can Viagra do a campaign w/The Rolling Stones name without the Stones consent? Hell no. The Trademark holder does own when & where their name is used, and can demand compensation for a price. Verizon can't issue a campaign saying $10 off your phone bill if the New England Patriots go 16-0 again. The NFL & NE Pats would be all over them. McDonalds cannot issue a product tie in saying "Get a free Big Mac when you turn in a Batman The Dark Knight ticket" They pay huge amounts of money to use those trademarks.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
Untrue, ones 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.
You're allowed in advertising to show a competitors brand. This wasn't always the case. In the 50's & 60's you couldn't which is why older commercials would simply say "Here's the other brand". I don't know when, myb the 70's, but the law was revised to use competition in advertising, so no in that case you do not have to pay.
BTW - Don't say 'you can bet your sweet ass'. That's kinda lame when I know what I'm talking about.
- NY Giants82
- Rep: 26
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
PaSnow has hit the nail on the head. He has this thing down to a tee. Good job!
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
As for your Coke v Pepsi debate. Actually yes, Pepsi CAN demand you take their name off of the advertising.
No, they can't.
If Michael Jackson released a CD during his saga with children do you think Pepsi would allow him to use their product tie in. Absolutely not.
Ah, correct. But that is because they can claim that the connection would tarnish their good name. As a matter of fact, what would be more realistic is that Pepsi takes distance from MJ, and MJ decides to stop promoting the brand 'cause he won't receive a dime from Pepsi anyway.
The Trademark holder does own when & where their name is used, and can demand compensation for a price.
Nope, untrue.
Verizon can't issue a campaign saying $10 off your phone bill if the New England Patriots go 16-0 again.
Sure thay can.
McDonalds cannot issue a product tie in saying "Get a free Big Mac when you turn in a Batman The Dark Knight ticket" They pay huge amounts of money to use those trademarks.
Actually, in this example, it would be Warner Brothers who's paying McDonalds.
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.
or how about this:
in the commercial axl will be sharing his dr pepper with buckethead and the narrator will say"hey axl, wanna share your dr pepper with the rest of us? upon release of the long awaited chinese democracy by guns n roses, dr pepper will provide everyone in america with free soda. that's right, free soda. so stay tuned for brand new music from guns n roses and free dr pepper.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
Thanks NYG. All I'm trying to say is:
is it possible (legally speaking) that GnR didn't know about this and Dr P went ahead with it anyway, and now GnR & Axl are choosing not to sue. Yes. Is it likely a corporation would partner with another registered trademark without consent. Not really.
I don't buy that nobody at GnR knew about this or gave consent. I don't buy it for a second.
Re: DR. PEPPER ISSUES CHALLENGE TO AXL ROSE!
PaSnow wrote:Verizon can't issue a campaign saying $10 off your phone bill if the New England Patriots go 16-0 again.
Sure thay can.
PaSnow wrote:McDonalds cannot issue a product tie in saying "Get a free Big Mac when you turn in a Batman The Dark Knight ticket" They pay huge amounts of money to use those trademarks.
Actually, in this example, it would be Warner Brothers who's paying McDonalds.
No offense Mole, but these two statements right here tell me you don't know about this issue. You're drastically wrong on these two it's astonishing. Fast food resturants pay huge amounts of money to use a movies subject matter & name in promo tie-ins.
