I Don't Understand


I love the show, but wonder how they can get away with using advertising icons(Keebler elves, Geico Gecko, etc.) without being sued by those companies.

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The gecko isn't really the gecko (it's parody and the gecko looks and sound signficantly different). Keebler must have given them carte blanche to do whatever they wanted, but the use of real products is definitely one of the most interesting things about the show.

http://chriscolleytvblog.blogspot.com

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I realize that they're parodies(Keebler too), but if trademarks aren't protected, they are soon lost.

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There's no way they're doing this stuff without permission.

http://chriscolleytvblog.blogspot.com

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I agree. It just surprises the hell outta me. Especially Coke; they've always been extremely protective of their name..and litigious as all get out.

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I think they're protected using Coke, as it's criticism of the brand (and branding), but they're actually the advertisers for stuff like Keebler and New York Life, and anything they do in the creation of those campaigns could theoretically "harm" the brand. I'm obviously most curious about Keebler, because they went over the top with the sex angle, and I have no idea how Keebler didn't have any objections.

http://chriscolleytvblog.blogspot.com

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That part of the episode was hilarious and disturbing all at the same time.

Actually, though, I'm glad to see so many legitimate brands being used. Way back when, it was very common to get companies to allow shows and movies to utilize particular products/brand names. It was terrific free advertising. Look at ET and Reeses Pieces. M&M was originally approached, and turned them down. Reeses was then approached and gave permission. Sales of Reeses Pieces skyrocketed. So, I'm guessing that Keebler saw this as an opportunity of free advertising. I'm curious to know if sales are going up for Keebler now. My only concern was if they really are considering getting rid of the elves. I grew up with the Keebler elves. They're an icon and should (and hopefully will) always be the "spokespeople"/identity of Keebler.

Anyway, it's also like The Crazy Ones. They managed to get real brands for their fake advertising agency.

Major companies ceased allowing shows to use their names for a long while. I'm glad to see the return of real brands in shows.


EMOTICONS ARE BACK! YAY!   

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That's a total fallacy. You do not lose your trademark if you don't protect it. There may be cases where a brand name has fallen in to general use as a verb and lost protection, but that's not the same thing as the brand use that appeared in Happyish. Not even close.

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The companies are probably receiving free advertising and are probably overjoyed that they're getting it.

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I suppose it does humanize a corporation if it displays a sense of humor about itself.

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I think that the logo is the hardest thing to use without permission.

It's possible that one or more of the brands is being used without permission under satirical fair use. It probably also depends on the Showtime's guts.

You can say anything you want about Coke. Showing their logo or ads is different, though.

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An artistic, expressive work has wide , wide latitude on fair usage.


The US. Trademark Act is narrowly “construed to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression.”

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If you look carefully at the font of the CocaCola ads, it' not quite the same, especially where it says "Coca Cola Company"
Then after that, go ask Andy Warhol.

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