Posted: Nov Fri 2008 8:06 AM CST
Guns N’ Roses Lawyer: Dr. Pepper ‘Ruined’ Chinese Democracy Release
Dr. Pepper hasn’t exactly come through… and now Axl Rose and the Guns N’ Roses are going to make them pay for it.
The soda megacompany made an ill-fated promise in March as a publicity stunt, saying that it’d give a free bottle of its product to everyone in the US if Chinese Democracy was released within the year.
The band came through, although things looked iffy at first. The release of this now notorious album has been awaited-and delayed-since 1994, when they first started recording it.
Chinese Democracy hit stores Sunday
Just this Sunday the full Chinese Democracy hit stores officially, blowing fans away and leaving everyone else in their right minds rather cold.
But the promised overflow of free libation was even more disappointing. Dr. Pepper had an online claiming system set up for one day, on a website that soon malfunctioned.
Now the Rose’s lawyer, Alan Gutman, is taking action. He sent a righteously indignant letter to the Dr. Pepper Snapple Group on Tuesday.
Wee-wonky website upset fans
Gutman claims that many fans were upset by the wee-wonky website offer, and that the band’s name was used and abused without permission.
“The redemption scheme your company clumsily implemented for this offer was an unmitigated disaster which defrauded consumers and, in the eyes of vocal fans, ‘ruined’ the day of ‘Chinese Democracy’s’ release,” said Gutman’s letter.
“Now it is time to clean up the mess.”
He asked for a full-page apology in major newspapers like the New York Times, Los Angeles Times, USA Today and The Wall Street Journal; a longer time period for soda redemption and “an appropriate payment to our clients for the unauthorized use and abuse of their publicity and intellectual property rights.”
The size of the “appropriate payment” asked was not released.
“Should have negotiated a legitimate relationship”
“Had you wished to engage in a commercial tie-in with our clients, you should have negotiated a legitimate relationship,” the letter continued.
Dr. Pepper, as you might expect, had another spin on things. A spokesman ignored the letter in his interactions with the press, and blithely stated that they’d done everything possible to come through on “a fun giveaway.”
“This was one of the largest responses we have ever received for a giveaway and we’re happy we were able to satisfy the thirst of so many Dr Pepper fans,” he said.
They did extend the promotion
They did extend the promotion for 18 extra hours, through 6 PM Monday, as well as setting up a toll-free phone line for coupon requests.
This row comes at a rather significant time for food co and musical artist interaction; earlier this year there was a big lawsuit between 50 cent and Taco Bell Corp.
50 Cent Vs. Taco Bell
The rapper sued the Mexican fast-food chain after his name was used without permission in a set of advertising.
It was pretty clever. The print ad asked if he’d start calling himself 79 Cent, 80 Cent or 99 Cent—the prices on Taco Bell’s value menu.
50 Cent (known from birth as Curtis Jackson) was not terribly eager to oblige them.
















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