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Mercedes will say the cars image was used to help sell the product.
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What is the world coming too?
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Welcome to the world of greeking.
It is all about the copyright itself, which typically is the logo and such, rarely if ever can an object itself be copywritten. Does not mean they still can not sue the living fuck out of you and waste your time and cash. Afterall many of these companies have a lawyer or a floor of them already on payroll getting paid if they are working or not so tread lightly. |
Mercedes isn't the only car company to bully people trying to make a buck
http://www.nissan.com/Digest/The_Story.php |
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No one is going to see a Mercedes and say "Hey, I should sign up to Lia19". But I'm willing to bet people are seeing Lia 19 on that car and saying "Wow, that's a good looking car". |
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If this rule applies to FTV, then it should apply to every major movie studio also - meaning that Mercedes Benz can never have their car displayed in a movie. Note that Ford has a habit of getting their cars all over movies. I noticed "I Am Legend" was all Ford products, as well the last James Bond movie. All car companies should embrace this, not fight it. |
Then how come Pepsi can have a commercial bashing Coca Cola (with a Coca Cola bottle in the scene)?
Another example would be Miller vs Budweiser. How do these companies get away with showing other logos? I seriously doubt the competition would give permission for these companies to use their logos to bash their own products... |
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i dont think it matters if the cars are in his name or his company name. btw, i think Harley Davidson did something similar and to me that was quite shocking.. |
The exotic cars were used as high-end props to give a classy, elite feel to the website. That's the reason Benz want's the cars removed. I'm not a Benz executive .... I'm just blabbering about their reasoning.
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In the recent Bond movies, and others, companies actually pay to get their car product placement within the film.
However, in most cases, Hollywood production companies rent prop cars from companies that have releases with specific prohibitions attached (not to be used in explicit sex scenes, etc). How much do you think Ford paid to make the new Knight Rider car a Mustang? Here is something even more bizarre. Knight Rider had already finished taping, using Will Arnett's voice as the voice of Kitt (the car), and GMC had a hissy fit, forcing the producers of the show to hire Val Kilmer to do the voice instead: Quote:
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I warn people about this stuff time and time again. Anyone suggesting they should fight it in court has very little idea what the time and expense would be involved to do so and frankly the case law will not be on their side. As Mutt correctly pointed out product placement in movies is big bucks advertising but if Mercedes chooses not to advertise in porn then that is their choice to make. Lambasting them for it is pointless and shows a lack of respect for copywritten and trademarked content.
Companies like Mercedes have firms all over the world to deal with this kind of stuff and ignoring them will be the quickest way to learn a very expensive lesson. |
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notice that when properly notified a respectible company like FTV immediatly acts on this and removes the images to the best of their ability. Shows class. :thumbsup
personally i think this wasn't cool on benz's part, owning one myself I know thier customer service is the worst of any car company i have ever had to deal with. but at the end of the day benz is right, you need their permission to use their logos for staged commericial shoots and if they don't like it you have to take it down or get sued. Just as I'm sure FTV would object to their copywrite images being used for commerical purposes in a manner they don't agree with and felt may potentially harm their company or investors/shareholders. |
Does this all mean that later some car manufacturers will require to remove their cars from affiliate program designs? I see a lot of them using Ferrari's, Lambo's and others. Any thoughts?
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Remember Jay-Z and Cristal champagne ? He even mentioned it in his songs, but Roederer wasn't happy about it. |
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The real problem (in terms of keeping the brand "clean") for Mercedes and BMW are the huge corporate customers, the vast majority of their overall sales. |
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anyway it's quite common problem in every part of production, from low res photography to HD adult video |
I own 2 Mercedes cars and I wouldn't like my cars to be associated with porn .... fuck that shit.
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I got one for Donkey Kong once...
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Moral of the story is...
No one buy a Mercedes. If everyone got rid of the mercedes in this business they would feel it. That has to be at least 400 less car's a year sold. I say we boycott them fucks... |
these companies that are fierce about protecting their trademarks are everywhere - i have no idea how they do it. I grew up in a small city of 45,000 people, i remember my sister when she was in 11th or 12th grade was part of the high school yearbook committe - so anyway the kids designing it and doing the layout put Peanuts characters, Snoopy and Woodstock, in it - lord knows how the company that owns the rights to Peanuts found out but the school heard from them and told them to get the characters out.
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:winkwink::thumbsup |
We received one from Porsche a couple of years ago...lol
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:1orglaugh Lrn to humor. |
Thank god I never launched that site of mine. www.fuckedinthehummer.com
I would have been sued within a week. :) |
Mercedes = stupid ..
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This is a crazy case. I have to admit, I didn't know you couldn't take a pic by a car and use it.
That almost infringes on some civil liberties in a way. Is it illegal to take a pic while you are eating a big mac as well? |
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It's also what has been said a few times... depends on how good their lawyers are and how big their hard on is to try and make you stop. It's their image, their branding and their right to protect it. A candid snapshot of a girl flashing in front of a Mercedes posted on a blog is 10000 percent different then staging a shoot around the same car and placing it in an arena where people have to pay to see it. Regardless, Mercedes will probably treat them both the same, as is their prerogative. |
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That's....... Disturbing... :Oh crap |
Just out of boredom, I started researching trademark law (as this is what is being talked about). A quick review brought up this thought to me.
Wouldn't a disclaimer under the images (on each page) stating that Daimler-Chrysler neither endorses or seeks endorsement nor has any affiliation with FTV or whomever has shots with their cars in it be enough? Seems to me that it would be. I mean seriously... if this were totally legitimate, you couldn't take pictures of just about anything without violating someone's trademark of something. |
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Second.... I can't take a picture of my home office without displaying Dell products. However, I'm not making a profit off of any pictures of my home office (unless perhaps they end up getting stolen and used on some gay site). But you get my point. Speaking of Dell, remember the OJ trial and that great big massive monitor on the judge's desk with the huge Dell logo on the back of it? How's that for product placement? |
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