Ad Agency Claims It Owns The Right To Product Placement; Sues Competitors
from the is-it-april-first-already? dept
A few months back, we wrote about how ad agency Denizen wasn't just claiming to have patented product placement (check it out: patent 6,859,936) but was suing another ad agency, WPP, for violating the patent. Perhaps Denizen's next patents will be on claiming ownership of obvious ideas and suing your competitors, because it's still at it. The latest is that it's suing media agency Mindshare for incorporating the brand Vaseline into the TV show Maneater.What's really odd here, though, is that Denizen isn't actually asserting that patent in this particular lawsuit -- even though it mentions that it has it. Instead, it's claiming a trade secret violation, noting that it met with Mindshare way back in 2004 and shared this groundbreaking concept of integrating products into show, and worked out an agreement that "Mindshare wouldn't use, publish, disclose, communicate, or divulge information shared on Denizen's proprietary method of product integration." Specifically:
"During the meeting, Denizen disclosed to MindShare certain techniques...that could be used to implement program integrated advertisements, such as, but without limitation, ways to shoot the advertisements, strategies for obtaining Screen Actors Guild contracts, methods to gain access or rights to television program content, and how and when an advertising agency could work with a production house or network."I'm at a loss to think of how any of that can be "proprietary," but perhaps Denizen has a creative lawyering department in addition to its regular creative advertising/marketing people.
Filed Under: patents, product placement
Companies: denizen, mindshare, wpp