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#6301 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 946 weeks ago
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.
#6302 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 946 weeks ago
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.
#6303 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 946 weeks ago
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.
#6304 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 946 weeks ago
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.
#6305 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 946 weeks ago
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.
#6306 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 946 weeks ago
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.
#6307 Re: Dust N' Bones & Cyborg Slunks » VR Without Scott » 946 weeks ago
I'd rather they keep it, but if it was Scott who came up with it then maybe they should ditch it.
#6308 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 946 weeks ago
madagas wrote:So no one else is slightly concerned about Gnr possibly selling out to a soft drink company? Not exactly how I would have promoted it....:ummm:
as i highly doubt, that this is all made up and axl knew about it beforehand, it was dr. peppers` idea, not gnr`s. so why being concerned about gnr selling out?
You're right. Remember, it's not selling out, it's buying in.
#6309 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 946 weeks ago
So no one else is slightly concerned about Gnr possibly selling out to a soft drink company? Not exactly how I would have promoted it....:ummm:
That's the main reason I didn't want to go to Woodstock 94 (It was "sponsored" bu Pepsi). Nearly 15 years later, I don't care too much either way. It is kinda lame though. Whatever, I just want the album.... I don't care if it comes in a box of kids sugar cereal.
#6310 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 946 weeks ago
GNR is involved. Period. Like APE said, I'm not in the loop either, far from it. But Guns N Roses is a registered trademark. Therefore you cannot use it without the owners authorization without their consent. Pepsi couldn't just make a campaign "The Yankees will win the World Series" or McDonalds can't create a campaing "Batman will kick ass this summer" Without permission.
Some of you from overseas may not understand how litigious a society America is, but there really isn't any leniancy with legalities & infringement. Even if the free promotion helps Axl.
