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journal: mac · toy
Apple asked to pull iPod ad
The controversy over the latest iPod ad has heated up again. Lugz has sent Apple and TBWA\Chiat\Day cease and desist letters due to the uncanny similarities between Apple’s newest iPod ad and a Lugz TV spot from 2002. (Read DT’s earlier coverage here) Both ads feature a similar silhouette-on-orangeish-urban-background motif and music. Adweek reports:
Larry Schwartz, evp 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.”
Deep Thought’s Take: One cannot help but notice the irony: Apple is known for handing out cease-and-desist notices to various rumor sites and now they’re the subject of a cease-and-desist notice, though for a very different reason.
One could easily simultaneously make both cases: a) that Apple blatantly ripped off the Lugz spot, and b) that this is a natrual offshoot of the existing iPod ad campaign. This one should be an interesting situation to watch and I’m not going to comment since this is such a dicey issue. But one has to ask, how can you tell the difference between shameless ripoffs and mere coincidence? And what legal issues arise from coincidences?
More Info
Adweek: Lugz to Apple: ‘Cease and Desist’
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thinkback
Come on! Apple users known the difference between shoes and iPods… Lugz has a free ride here after 3 years of running the same old advertisement ;<p
It’s not so ironic for Apple as I’ve seen many ads on tv very similar to the silhouette ads. One that comes to mind is the “Rooms to Go” furniture retailer.
Lugz needs to reach down, grab a handful, and just get a grip. Apple is copied frequently, think of all the office accessories that matched the different colors of the imacs.
So Elmor and Al, I trust you guys are able to exonerate yourselves from being part of that crowd that always cries COPYCAT, COPYCAT whenever anything is done that is even remotely close to what Apple does?
Just making sure, you know, since that would be highly hypocritical and all…
My take on the news? Companies need to use proper judgment when developing anything artistic - such that it doesn’t look too much like another company or person’s work of art. I’m not saying Apple flat-out ripped-off the idea, but if I was the person who created that Lugz ad, I’d be pretty pissed off too - because it looks almost EXACTLY like it. Same color scheme, same idea. I believe Apple (or any company in this situation) should have recognized this and changed it’s idea accordingly.
It’s just dangerous not to pay attention to these things, because then you get into a situation like this - and given that art is HIGHLY subjective, there’s not much of a case that Apple would lose anything by simply changing the color scheme and differentiating it’s work from the Lugz ad.
But it’s not like anyone will hear that and go with it. Most likely it’ll be ignored or someone will flat-out disagree with me - and we, as a computing whole, will just continue down this chicken-egg BS path we always have.
And thus we’ll keep hearing about the Lugz/Apple, Gadgets/Widgets/Konfab etc. To all our detriment.
1.
Imitation is the sincerest form of flattery…