This article caught my attention because we had actually been discussing this promotion recently in my other class. Just so happens that it has become a legal issue as well.
NEW YORK (AdAge.com) -- That Axl Rose kept Guns N' Roses fans waiting 17 years for "Chinese Democracy" didn't seem to bother the corn-rowed rocker all that much. But when Dr Pepper was unable to deliver a free can of soda to everyone in the country upon the album's release, that was more than Axl and his lawyers could stand.
Axl Rose's lawyer has fired off a letter to Dr Pepper. Click on the image to read the missive.Last week the singer's lawyer pounced on the soft-drink marketer, claiming it failed to deliver on its promise to give out the free sodas, turning what began as a great public-relations stunt into a public-relations mess for Dr Pepper. Ketchum is Dr Pepper's PR agency of record. Lawyer fires off letter Alan Gutman, the lawyer representing Axl and Guns N' Roses, sent a scolding letter (which cited Advertising Age's coverage of the campaign), to Larry Young, president-CEO of the Dr Pepper Snapple Group. The letter stated that Dr Pepper's campaign had exploited the singer's reputation and the "eagerly awaited" album, and stated that payment would be sought for the unauthorized use of the Guns N' Roses brand.
Here is the link to the full article: http://adage.com/article?article_id=132925
There appear to be a few issues surrounding this ordeal. The biggest one I feel is that Dr. Pepper had never entered into a contract with the band. Doing so would have eliminated the problem in the first place. As stated above there is alos the unauthorized use of the bands brand and Axl's name. Which they could claim under the appropriation of likeness. Dr. Pepper also might have another issue with regards to misleading advertising, since they were unable to make good on their promise of providing everyone a free beverage.
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I remember hearing about this on the radio. A station here in St. Louis was promoting the new release and was telling everyone to go to Dr. Pepper's website and register for a free soda - even if you weren't a fan of the music, it's a free soda.
Because I work in the field of public relations this case brings several things to my mind. First off, yes, as you mention Dr. Pepper never entered a formal contract with the band (or Axl for that matter) which means that the use of the brand and the name are not legal. Also, it brings up a point about how much public relations (and free advertising)Dr. Pepper actually got out of this PR stunt. Like I said, a radio station in St. Louis (granted we are not the smallest market out there, but if it reached us, you know that it got to the larger markets as well) mentioned the offering.
It will be interesting to see what dollar amount they give to the damages in this case. Great post!
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