OT copyright/trademark question

[robert_roaldi1]

I live in Ottawa, Canada and there is a Pepsi television ad appearing

locally (maybe elsewhere) in which a Coke truck pulls up beside a

Pepsi truck at a blocked railroad level crossing. Some cute stuff

happens and the Coke driver steals a few cases of Pepsi. What I am

wondering about is how Pepsi can get away with displaying the Coca-

Cola logo on the truck and its drivers' hats.

[keith turrill]

One year they had similar advertisements in the US. My recollection was a holiday truce or something like that.

 

I had often wondered the same thing. Even if the companies entered into limited agreement to swap trademarks for an advertisement, I would think that any agreement would get the attention of anti-trust regulators.

 

The question would probably have to be answered by somebody with experience in trademark and anti-trust law.

[bert_krages1]

Trademark infringement is different from copyright infringement. The basic gist of trademark infringement is whether the use of the mark would tend to confuse consumers. Putting a Pepsi logo on a bottle of Coke would constitute infringement because it might confuse consumers as to whether the product was Coke or Pepsi. Using a mark in a hostile commercial is not infringement because consumers are not likely to be confused about to the origins of the products.

 

I really doubt that there is any kind of holiday truce. Executives with Coca-Cola are probably fuming. Last year, some of the US networks pulled three Miller Brewing Co. ads, including one that showed a Budweiser delivery person wearing Capri pants. The reason was that Anheuser-Busch complained to the networks that its products were being inappropriately disparaged.

[john_h.1]

"Using a mark in a hostile commercial is not infringement because consumers are not likely to be confused about to the origins of the products. "

 

Especially since the purpose of the commercial is to contrast and differentiate the products. Excellent point.

[keith turrill]

<p>I don't go into clubs much anymore but I recall that many of the beverage delivery people are Teamsters. At least in the US. Depicting a driver in uniform stealing soda-pop might not side well with a few union locals.</p>

<p>The commercial that ran in the US several years ago depicted two drivers swapping cans at a diner with the Youngblood's song <i>"Get Together"</i> playing in the background. Not quite as adversarial.</p>

[enlightened-images]

If you look closely at many commercials like this, and to further avoid confusion (in Very Smal Type) you should see a legal disclaimer that says "XXXXXX" is a Registered Trademark of "Company".

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<br>

Gary Crabbe<br>

<b><a href="http://www.enlightphoto.com">Enlightened Images</a></b><br><br>

Enlightened Images is a Registered Trademark yada yada yada...<br>