Labatt Threatens To Sue Newspaper For Showing Photo of Suspected Killer Holding Its Beer

from the ip-rights-gone-insane dept

Tue, Jun 5th 2012 2:12pm — Mike Masnick

If you follow the news for gruesome murders, you're probably well aware of Luka Magnotta, the Canadian who's been accused of killing Lin Jun -- filming the entire thing (and posting it online), then dismembering the body, eating some of it, and sending parts of it to various political offices (separately, he was also accused of making a series of videos in which he tortures and kills cats). Either way, he's become something of a news sensation -- and after a relatively short manhunt, was tracked down and arrested in Berlin. All of that, of course, has nothing to do with stuff that we normally talk about here.

However, as David Canton alerts us, Canadian beer giant Labatt Breweries is now threatening to sue the Montreal Gazette, because in reporting on this story, the Gazette used a photo of Magnotta, showing him holding a bottle of Labatt Blue:

“As I am sure you can understand, this image is highly denigrating to our brand, and we are disturbed that this image remains on your site despite repeated requests and the many images available of this person,” Karyn Sullivan, Labatt’s associate general counsel, wrote in a letter to the Gazette.

Of course, as even the article about this explains, Labatt is "exacerbating the damage" by not just mentioning it, but threatening to sue to get the picture taken down. There's simply no legitimate legal issue here. As the Gazette properly pointed out in response: "The image originally appeared on Magnotta's personal Facebook page and on his blog and thus is newsworthy. There is no connection made between the brand and the suspect in the accompanying caption, headline or news story."

Except that, now that Labatt has threatened to sue, there is a connection. If someone at Labatt had simply understood the very basics of the Streisand Effect, they would have known better. It seems like perhaps Labatt should spend a bit more time hiring better lawyers, rather than worrying about a photo of an accused killer drinking its beer.

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Filed Under: canada, luka magnotta, streisand effect, trademark
Companies: labatt breweries, montreal gazette

59 Comments

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Anonymous Coward, 5 Jun 2012 @ 2:16pm

they should perhaps be grateful for the free advertising?
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sehlat (profile), 5 Jun 2012 @ 2:22pm

I can see the next ad campaing for the brand.
Labatt Blue. Just go berserk.
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Glen, 5 Jun 2012 @ 2:23pm

Jeez, even psycho murderers get thirsty too.
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BentFranklin (profile), 5 Jun 2012 @ 2:23pm

I don't always kill people, but when I do I prefer to drink Labatt's Blue.
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STStone, 5 Jun 2012 @ 2:27pm

Re: I can see the next ad campaing for the brand.
The other beer companies could have a field day with this.
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Josef Anvil (profile), 5 Jun 2012 @ 2:32pm

LMFAO
Now I can't stop associating Labatt Blue with psychopaths and murderers.

Funny thing is that I don't associate beer in general with murders, just Labatt Blue. OMG it's amazing how a single picture can control my thoughts so completely.
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radiatorninjaen (profile), 5 Jun 2012 @ 2:38pm

If reddit discovers this story, the tsunami of memes created from this well suited meme picture will surely please Labatt...
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Chris Rhodes (profile), 5 Jun 2012 @ 2:41pm

It's obviously a case of . . .
Felony interference with a brand's public image!
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This comment has been flagged by the community. Click here to show it

Anonymous Coward, 5 Jun 2012 @ 2:41pm

Already dropped. Techdirt == behind the times
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Anonymous Coward, 5 Jun 2012 @ 2:41pm

Geez, Labatt must be having quite the hangover from this.
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MrWilson, 5 Jun 2012 @ 2:46pm

I think this is just a part of the absurdity that is advertising. Corporate marketing people spend their lives trying to make people associate their brands with particular things. Therefore, any association is either positive or negative marketing. They actually believe that consumers are so stupid as to accept those associations (and granted, some probably are, even if subconsciously). For the rest of us, marketing in general is transparent bullshit, so the negative marketing is also just bullshit.
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silverscarcat (profile), 5 Jun 2012 @ 2:53pm

Re:
Post to reddit, nao!
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hmm (profile), 5 Jun 2012 @ 3:20pm

how about
Labatt Ice (pick) blue......
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Anonymous Coward, 5 Jun 2012 @ 3:24pm

Re: I can see the next ad campaing for the brand.
...or... maybe:

"I'd kill for a Blue!"

too obvious?
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Some Other Guy (profile), 5 Jun 2012 @ 3:26pm

Re: Re: I can see the next ad campaing for the brand.
Drat. Didn't notice I wasn't signed in. :(
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sehlat (profile), 5 Jun 2012 @ 3:29pm

Re:
It's OK. Nothing moves faster than a troll.
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That Anonymous Coward (profile), 5 Jun 2012 @ 3:35pm

Re:
The fact they thought they had a case to begin with is the story.
Or do you believe we should edit factual information like they do in movies to blur out logos and such to protect companies special rights?

He posted a picture of him drinking a beer, there was not a story attached about how Blue allegedly made him a murderer.
The fact they went stupid deserves to be reported and the should be a discussion about what kind of idiots run Labatt that their biggest concern is ZOMG we look bad by association.
Maybe we missed how many drunk driving accidents are caused by people using their product as intended and we should focus on how much they spend on advertising and how much they spend on the drink responsibly message.
(I'm still a big believer in personal responsibility, but if their product being incidentally shown in a news story has their panties this bunched why not the number of deaths they contribute to?)
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Anonymous Coward, 5 Jun 2012 @ 3:37pm

Think about the drunk children!
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crade (profile), 5 Jun 2012 @ 3:50pm

Looks to me like it's a fact that this suspected serial killer was holding a labatts blue bottle and labatts is unhappy with the facts and wants them supressed.
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Anonymous Coward, 5 Jun 2012 @ 4:02pm

Re:
So you mean that if I drink beer, I won't suddenly be surrounded by a bunch of sexy women that all want to hang out with me?

Damn, there goes that plan...
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Anonymous Coward, 5 Jun 2012 @ 4:13pm

Oh, Canada...
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Rekrul, 5 Jun 2012 @ 4:16pm

I think I have the solution; Just censor the beer bottle from the photo. I think the following image will be much more to Labatt's liking;

http://imageshack.us/photo/my-images/534/hdo0g.jpg/
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MrWilson, 5 Jun 2012 @ 4:32pm

Re: Re:
Nope.

And what I think is terrible about marketing is that it makes you want the fictional "features" that the advertisements show that you know aren't a part of the actual features. Awesome 3d animation will not pop out of your smart phone and dance around you when you use it. People don't just randomly hand you the keys to their car and expect you to do the same to another stranger where ever you end up going in it.

Sometimes it's a good thing the features shown in advertisements are fictional. If my cat went on a fantasy acid trip every time it had some fancy feast, I'd be in trouble.
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That Anonymous Coward (profile), 5 Jun 2012 @ 4:52pm

Re:
I like it
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Bloomman (profile), 5 Jun 2012 @ 5:04pm

I didn't even know (or care)
But now, not only do I know that this lover boy chugs the Labatt's, but that also Labatts is worried about it. Should I be worried about it? Am I gonna go Labatt sh*t crazy!?
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Anonymous Coward, 5 Jun 2012 @ 5:08pm

Coca-cola has a patent on the shape of their bottle ( Making illegal to photograph... or so they claim )
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Overcast (profile), 5 Jun 2012 @ 5:19pm

Sue the killer, not the messenger.
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That One Guy (profile), 5 Jun 2012 @ 5:38pm

Re:
Seconded, that's awesome.
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gorehound (profile), 5 Jun 2012 @ 5:51pm

Re: I can see the next ad campaing for the brand.
Labatt Blue !
Best Beer to Drink when you gotta SUE !
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Colin, 5 Jun 2012 @ 6:39pm

http://www.thespec.com/news/article/738002--update-labatt-backs-off-legal-threats-over-photos-showin g-canadian-psycho-luka-magnotta-clutching-a-blue
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Anonymous Coward, 5 Jun 2012 @ 6:55pm

If you have tasted that beer. You already know a serial killer is the least of it's problems.
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Beta (profile), 5 Jun 2012 @ 7:03pm

Re: I can see the next ad campaing for the brand.
Labatt Blue. Do you want a head on that?
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Beta (profile), 5 Jun 2012 @ 7:04pm

Re:
Are you saying that he had questionable tastes?
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Anonymous Coward, 5 Jun 2012 @ 8:02pm

Re: Re: Re:
For all the crying "think of the children" that they use when trying to censor or restrict, you sure don't hear about it when it comes to advertising. All advertising to children is harmful and impacts children negatively. And now FakeBook will be gathering data on the 13 and unders to better target them with manipulative messages and propaganda.
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Austronymous Coward, 5 Jun 2012 @ 11:34pm

Re: Re: I can see the next ad campaing for the brand.
Naw, "Are you kidding me? I'd kill you for a Klondike Bar!" XD
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Anonymous Coward, 5 Jun 2012 @ 11:48pm

fake pic
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That Anonymous Coward (profile), 6 Jun 2012 @ 12:00am

Re:
"As I am sure you can understand, this image is highly denigrating to our brand,"

Your actions seemed to hurt your brand a hell of a lot more.
But feel free to pick some new slogans your "fans" on twitter have offered you...
https://twitter.com/#!/search/%23newlabattcampaign

Labatt Blue: Tastes great, less filling, and won't cost you an arm and a leg. #newlabattcampaign

Labatt Blue: All Beer, No Head. #newlabattcampaign

This Beer's for You. And the Voices in Your Head. #newlabattcampaign

Damage control.... your doing it wrong.
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Anonymous Coward, 6 Jun 2012 @ 1:41am

Re: Re:
I think that their concern is that their logo isn't "incidental", it's pretty much the only focus point of the image aside from the guy's face. While it may have been accidental, the image looks very much like an attempt to do the "beer spokesman" look (the murder was an aspiring model and douche nozzle).

The image could easily have been cropped to remove the label. They didn't, and they are well within the law. Labatt only appears to be pointing out that it's a pretty poor choice.

It's a non-story, really.
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Niall (profile), 6 Jun 2012 @ 2:53am

Re:
It should only be illegal to reproduce it as a bottle, not to photograph - that would be fair use - it's transformative (ever tried drinking Coke from a photograph?)
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Niall (profile), 6 Jun 2012 @ 2:53am

Re:
It should only be illegal to reproduce it as a bottle, not to photograph - that would be fair use - it's transformative (ever tried drinking Coke from a photograph?)
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Niall (profile), 6 Jun 2012 @ 2:53am

Re: Re:
Meh, sorry, double-clicked Submit.
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Niall (profile), 6 Jun 2012 @ 2:55am

Re:
Ironically, as a total non-beer drinker (I've never liked the taste), Labatt's Blue was the only one I found drinkable. Says a lot, I guess? Also a pain, when it's only normally found in Canada and I live in the UK...
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Anonymous Coward, 6 Jun 2012 @ 4:45am

Hitler ate sugar! SUGAR IS EVIL!
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Anonymous Coward, 6 Jun 2012 @ 6:09am

Was it the Labatt Blue or the person holding the Labatt Blue that caused the crime? That will always be the question. We should require everyone register their Labatt Blue and take Labatt Blue training certification before being allowed to buy a Labatt Blue. Each state or province should have their own regulations regarding the sale and use of Labatt Blue especially if someone wants to conceal carry their Labatt Blue. If anyone moves into a neighborhood after having been found to have committed an offense involving a Labatt Blue they should register as a Labatt Blue offender in the local registry and the neighbors should have flyer handed to them identifying the Labatt Blue offender and what he did with his Labatt Blue so they can take safeguards.

Someone needs to start a petition!
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Chuck Norris' Enemy (deceased) (profile), 6 Jun 2012 @ 6:31am

Re:
Please murder responsibly.
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case, 6 Jun 2012 @ 6:36am

Magnotta is coincidentally the name of a large winery in Ontario. Perhaps they will sue to stop publication of his last name.
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Kaden (profile), 6 Jun 2012 @ 6:39am

Re:
You can tell from the pixels, and having seen a few 'shops in your time, huh?
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Toot Rue (profile), 6 Jun 2012 @ 7:49am

Re:
I'd forgotten about how much I enjoyed Labatts - I think I'll pick up some next time I'm at the liquor store.
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Niall (profile), 6 Jun 2012 @ 8:29am

Re: Re:
Have one for me please!
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Scott Falkner, 6 Jun 2012 @ 10:20am

Let�s help Labatt out
Maybe they�ll feel better if we show their product in other hands.

http://mlkshk.com/p/GHE8
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Joshy, 6 Jun 2012 @ 10:54am

Would they have sued The President or the The Queen or Katy Perry or *insert name of famous person* for having a photo taken while holding their beer???
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PRK (profile), 6 Jun 2012 @ 11:06am

The LaBatt Protect the IP Image Act of 2012
We obviously need a law prohibitting anyone with a criminal mind from associating with any known brand for fear that it will harm the entire inustry of North America.

When asked for comment, Mr. LaBatt said "we are doing this for the children. Think of how they would otherwise suffer from not being able to enjoy a beer for fear of its association with violent criminals.."

Reached in his cozy confines in Berlin, Mr. Magnotta said, "what's a LaBatt? I just used a stick and a knife...?

News was also received indicating Facebook was considering action against LaBatt on the grounds that but for the LaBatt's beer, Magnott would not have seemed interesting enough to have his photo taken and included in Facebook and thus absent the beer, Facebook would not have had its valuable image and IP rights tarnished by the reference in the newspaper.

:-)
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Forgot, 6 Jun 2012 @ 5:55pm

Why not
Used to drink plenty of these when I drank. Labatts doesn't need the money, but why not benefit from the Streisand Effect anda healthy settlement, buy some skeeter spray and throw a party_Labatts style? Eh?!
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btr1701 (profile), 6 Jun 2012 @ 5:56pm

Re: Re: Re:
> Labatt only appears to be pointing out that it's a pretty poor choice.

Well, that and threatening to sue over it.
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What I Didn't Spell it Right, 6 Jun 2012 @ 6:07pm

Cannonballism
It should be obvious to everyone now, that it does help to wash it down with lots of preferably stout beer..
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MrWilson, 6 Jun 2012 @ 11:42pm

Re: Re: Re:
"The image could easily have been cropped to remove the label."

The reporting of the truth shouldn't be distorted just because it damages a brand in the minds of marketing people.
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SoCalDad, 7 Jun 2012 @ 4:21pm

Drinking Labatt Blue must make you stupid.
Drinking Labatt Blue must make you stupid. I wouldn't have known about the killer drinking their brew (I hadn't seen the photo until now) until they sued over it. They need to fire their PR people for letting the legal dept. make such a stupid mistake.
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nasch (profile), 7 Jun 2012 @ 7:27pm

Google and Streisand
The photo now shows up on the first page of google results for Labatt. I doubt it did before they complained.
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Jim, 29 Jul 2012 @ 3:25am

Labatt
Should I sue Labatt for selling rotten Bud light??
That could kill you!
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