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#2641 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 900 weeks ago
PaSnow wrote: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.
Yes, but this is because it was previously ruled that the comparison could devaluate the other brand, this invoking the tarnishing thing again. Later on, they changed this because (and I forgot the actual case), it was not considered tarnishing if you were telling the truth, showing some sort of objectivity.
For instance, the statement "Pepsi contains less sugar than CocaCola" (if this would indeed be true), could in the past have been considered tarnishing (because sugar makes you fat, can fuck with your insuline levels, whatever...). This is what they revised back then. I believe the original case was in 77, the law was revised in '79.
PaSnow wrote:BTW - Don't say 'you can bet your sweet ass'. That's kinda lame when I know what I'm talking about.
My apologizes, English is not my native language and I wasn't aware this could be considered derisive. I thought it was just "colorful".
Damn The Mole - if English isn't your native language you are doing a damn good impersonation. Hat's off! I think your English and grammar is A+
#2642 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 900 weeks ago
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.
#2643 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 900 weeks ago
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?
#2644 Re: Guns N' Roses » Axl/GN'R have new management » 900 weeks ago
This news I have to say is the most positive thing we have heard in a long time!!!
Logically if CD was going to be a long time away - say a year plus, why would you appoint and therefore have to pay a new management team in the meantime.
But, if CD is actually close to seeing the light of day then it seems to make sense to get some proper management in place with some expertise to assist with getting this puppy released etc etc!
#2645 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 900 weeks ago
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.
#2646 The Garden » Funny Suburb Names » 900 weeks ago
- Aussie
- Replies: 21
Since I was a bit Dr Pepper'ed out, I thought I would start a new thread.
I was listening to some suburb names being read out the other day and as always had a chuckle about a couple of them. So I thought I would share them and see if anyone else has any funny ones to add. Here are some from around Perth...
Cockburn (people pronounce it Co Burn though, I can't understand why 
)
The body of water in front of the area of Cockburn is called "Cockburn Sound" - (personally I'm not sure what it sounds like except it sounds painful).
We also have "Upper Swan" - "where do you live?" - "Upper Swan" snigger snigger.
The suburb next to me is called "Innaloo" (I'm not sure if non-aussies use the term "loo" for a toilet, but we do). I'm glad I don't live in a loo.
Then some other stange ones but less funny are:
Dogswamp (sounds like a beatiful place to live - NOT).
Munster (the person who named it must have been a fan of The Munsters).
Clackline (for some reason this just sounds funny, it reminds me of the butt crack on someones clacker).
Anybody got any other funny ones to add???
#2647 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 900 weeks ago
Aussie wrote:why not use the drink Pepsi instead of Dr Pepper (it's more internationally recognised).
Easy... Dr Pepper tastes better and Axl didn't want to set his cornrows on fire.
lol - yeah apparently Pepsi was the choice of the last generation.
#2648 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 900 weeks ago
Aussie wrote:echrisl wrote:Just my opinion, of course, but it seems to me that if GNR wasn't in on this from the start their response to it would have been the same as their response to everything else that isn't singers in bands no one has ever heard of accusing Axl of being *gasp* standoffish and anti-social ... no response at all.
P.S. Just curious, you're suggesting they'll blame Dr Pepper if the album doesn't come out in 2008 to take the heat off themselves? How would that go? (I guess it could lend itself to an amusing fiasco ...
)
lol - I wouldn't put it past them, but nahh I just meant that their bag of excuses for placating fans is empty so they couldn't even throw us a bone to settle us down and keep us quiet - until this came along possibly out of the blue.
That said I hope I'm wrong and that this is part of some grand clever marketing plan that GN'R have been in on from the start. But if that's the case why not use the drink Pepsi instead of Dr Pepper (it's more internationally recognised).
You could be right, if so, I am very surprised they would respond to this in any way ... as for why if it's planned they would go with Dr Pepper, my guess would be that a more globally recognized company would stand to give away a lot more product than a somewhat smaller one, and thus might not have been interested, figuring the cost would be too great. Or maybe Axl just loves Dr Pepper?
I was told by someone else earlier in the thread that Dr Pepper is owned by Pepsi anyhow. But your post still makes sense - a drink like Pepsi would have a much bigger market share than a drink like Dr Pepper (even just looking at the USA), so if people did claim you would presume that there would be less people getting off their butt to claim a Dr Pepper as opposed to a Pepsi - therefore less cost.
#2649 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 900 weeks ago
Aussie wrote:I still think this is purely an indepdent marketing idea by Dr Pepper with nothing to do with GN'R.
GN'R have seen the huge interest it has created and decided to run with it. What was their other option - bascially tell Dr Pepper to fuck off? - in which case fans would moan and read this as a confirmation that CD is not gonna come out this year either or probably any other year.
But by Axl responding to it promptly with what he said it has fans talking about this and whether its true or not etc. Very clever by the GN'R spin machine, it's another good way to take the heat off and have fans getting excited rather than bitching about no album. Just when the GN'R camp thought there was nobody left to blame for the album not being out this comes out of left field. No wonder they are running with it.
Just my opinion, of course, but it seems to me that if GNR wasn't in on this from the start their response to it would have been the same as their response to everything else that isn't singers in bands no one has ever heard of accusing Axl of being *gasp* standoffish and anti-social ... no response at all.
P.S. Just curious, you're suggesting they'll blame Dr Pepper if the album doesn't come out in 2008 to take the heat off themselves? How would that go? (I guess it could lend itself to an amusing fiasco ...
lol - I wouldn't put it past them, but nahh I just meant that their bag of excuses for placating fans is empty so they couldn't even throw us a bone to settle us down and keep us quiet - until this came along possibly out of the blue.
That said I hope I'm wrong and that this is part of some grand clever marketing plan that GN'R have been in on from the start. But if that's the case why not use the drink Pepsi instead of Dr Pepper (it's more internationally recognised).
#2650 Re: Guns N' Roses » DR. PEPPER ISSUES CHALLENGE TO AXL ROSE! » 900 weeks ago
I still think this is purely an indepdent marketing idea by Dr Pepper with nothing to do with GN'R.
GN'R have seen the huge interest it has created and decided to run with it. What was their other option - bascially tell Dr Pepper to fuck off? - in which case fans would moan and read this as a confirmation that CD is not gonna come out this year either or probably any other year.
But by Axl responding to it promptly with what he said it has fans talking about this and whether its true or not etc. Very clever by the GN'R spin machine, it's another good way to take the heat off and have fans getting excited rather than bitching about no album. Just when the GN'R camp thought there was nobody left to blame for the album not being out this comes out of left field. No wonder they are running with it.
