Lugz sends Apple cease-and-desist over Eminem spot
Lugz footwear has sent a cease-and-desist letter to both Apple Computer and its ad agency, TBWA/Chiat/Day, over similarities between a commercial "Arrow," which Lugz aired in 2002, and a spot with Eminem that launched earlier this month for Apple's iPod and iTunes, AdWeek is reporting.
Both television spots are strikingly similar -- as first noted in an October 13 AppleInsider report -- featuring urban images on a red, yellow and orange background, with black silhouettes dancing to a hip-hop soundtrack.
Larry Schwartz, executive vice president and a principal of New York-based JSSI, which makes Lugz, said in a statement: "If you look at these spots, common sense would tell you that there's a problem here. The Apple commercial uses the most powerful elements of our campaign, making the ads disturbingly similar. We are prepared to vigorously pursue all legal remedies in order to protect our rights."
Immediately following the debut of the Eminem iTunes spot last month, Apple abruptly pulled copies of the commercial from its website with out offering an explanation. Speculation as to the reasons behind Apple's move ran wild for a couple of days before the commercial ultimately aired on network television and reappeared on the company's website.
Ironically, in February of 2004, Eminem's record label, Eight Mile Style, filed a lawsuit in U.S. District Court in Detroit against MTV, Apple, MTV's parent Viacom Inc. and advertising agency TBWA/Chiat/Day, claiming that Apple used one of the rapper's hit songs in an advertisement for iTunes without permission.
A year later, Apple settled the lawsuit with Eminem for an undisclosed cash sum that was rumored to have been in the millions.
Both television spots are strikingly similar -- as first noted in an October 13 AppleInsider report -- featuring urban images on a red, yellow and orange background, with black silhouettes dancing to a hip-hop soundtrack.
Larry Schwartz, executive vice president and a principal of New York-based JSSI, which makes Lugz, said in a statement: "If you look at these spots, common sense would tell you that there's a problem here. The Apple commercial uses the most powerful elements of our campaign, making the ads disturbingly similar. We are prepared to vigorously pursue all legal remedies in order to protect our rights."
Immediately following the debut of the Eminem iTunes spot last month, Apple abruptly pulled copies of the commercial from its website with out offering an explanation. Speculation as to the reasons behind Apple's move ran wild for a couple of days before the commercial ultimately aired on network television and reappeared on the company's website.
Ironically, in February of 2004, Eminem's record label, Eight Mile Style, filed a lawsuit in U.S. District Court in Detroit against MTV, Apple, MTV's parent Viacom Inc. and advertising agency TBWA/Chiat/Day, claiming that Apple used one of the rapper's hit songs in an advertisement for iTunes without permission.
A year later, Apple settled the lawsuit with Eminem for an undisclosed cash sum that was rumored to have been in the millions.
Comments
When (approximate date) did the Lugz commercial originally aire?
apple will either settle or pull the add.
it isn't just the colors, it's the concept. just like if someone else used the original apple sillouette concept, apple would be all over them.
someone at apple's ad agency screwed up royally and has probably already been fired over this. apple created a large sh!t sandwhich and they are going to have to take big bite.
doesn't matter who you are or how big. you can't steal other's intellectual property. whether intentional or not. it's one of those things and they will move on.
my .02
chung lee
2002? give me a freaking break, no one even rememebrs their commercial.
Originally posted by Elixir
oh shut up lugz.
2002? give me a freaking break, no one even rememebrs their commercial.
I'm sure you wouldn't be saying that if it was Apple suing Lugz for the same infringement.
-M
We'll see what happens.
Originally posted by moazam
I'm sure you wouldn't be saying that if it was Apple suing Lugz for the same infringement.
-M
That's right, because Apple rocks!
Here's a thought, it was a coincidence. Is it that hard to accept, that coincidences DO happen?
how funny would that be?
Music is, or at least used to be, cool though. But please just drop the ads...
All in all it's great publicity all for the cost of a couple hours legal dept costs. Cheap in comparison to an ad campaign!
Originally posted by vikingstad
So, when is Apple going to learn? Just stay AWAY from Eminem, that's all. You don't want to relate your company with people with shady criminal backgrounds!
it's like if other companies started using an apple for their brand identification. doesn't matter what they sell apple would sue them.
this is obviously a mistake by apple because they did not vet the concept which would have been very easy to do. especially when the original add is not that old. this is emabarrising for apple and they should just move on.
apple's whole mindshare is about thinking different. even if the courts rule for apple, it damages their brand.
this is one where they would lose even if they won.
other then the 1984 commercial and the sillouette adds, apple's other adds have been quite pedestrian. the add for the g5 powermac, how should i say this, looked like it was thought up by freshman in high school.
apple has set a high standard for everything they do but for a couple of examples, their advertising has been subpar.
my. 02
chung lee
Originally posted by DeaPeaJay
That's right, because Apple rocks!
Here's a thought, it was a coincidence. Is it that hard to accept, that coincidences DO happen?
WORD DPJ... Lugz - smugz!
Get real... I guess ALL of the car commercials (and many others) should sue each other for jumping on a THEME cause that's all it is! Apple is not trying to sell shoes pal!
THEY SELL ELECTRONICS!!!! Dumb shoemaker!!!!!!!!!!!!!!!!
I own a pair of their boots and I totally forgot about their commercial until it was mentioned. If one of their own customers can't even remember an ad, what does that say about its relevance?
Sit 12 people down, all who claim to be Hip-Hop fans, show them the Eminem promo, and then ask them if it reminds them of another commercial. I'm willing to bet everyone would draw blanks.
I am neutral on this case though, I can see it being just a coincidence and I can see it being otherwise.