Case 8.2 : Eminem vs. Audi Chrysler ran an ad featuring Eminem during the Super

Question

Case 8.2 : Eminem vs. Audi

Chrysler ran an ad featuring Eminem during the Super Bowl in February 2011, and the ad was rated as one othe the best for the game. In May 2011, Audi ran an ad at a German auto show that had the "feel" of the Eminem Cherysler "Lose Yoursef" ad. Subsequently, the German auto show ad made its way onto the Internet.

The German ad caught the attention of Eminem and 8 Mile, Eminem's publishing company.They notified Audi that the ad constituted an unauthorized use of their intellectual property and then obtained injuctions in several European countries that stopped the ad from airing. A spokeperson for 8 Mile said that the Audi ad "copied the look and feel of the Imported from Detroit commercial." Audi then entered into a settlement with Eminem and 8 Mile that involved Audi making an undisclosed amount of donations to Detroit charities. chrysler was not part of any of the legal actions or settlement.

Please answer the below questions of case study.

1. Is copying the "look and feel" of an ad ethical?

2. Was there a likelihood of confusion between a Chrysler and an Audi?

3. Evaluate this comment from someone who viewed the two videos. "I am So Glad Eminem and his compnay forced Audi to do the right thing. I played both of the commercials; the copying was apparent!

How COULD they think they would get away with this?? The world is a small place, and in this case IMITATION IS NOT THE SINCEREST FORM OF FLATTERY ... it's ILLEGAL!"

Is the writter correct? IS this illegal? What is the difference between an illegal act and a civil wrong that is settled as in the case?

Explanation / Answer

As per my knowledge, Eminem and 8 mile, sought legal action not for the look and feel of the advertisement but for using Eminem's Oscar winning song 'Love Yourself' without his authority.

However the visuals were quite similar and many argued that the look & feel of the advertisement was the same. Copying the look and feel of the advertisement is unethical but not clearly illegal.

No doubt, the act of using someone's music without authority is illegal and unacceptable by the law.

Illegal act is an act or action that violates law.

Murder, Acquring someone's property, Drug dealing, Stealing are some examples.

Civil wrong includes breach of contracts, trust etc. It may not directly harm someone. It is unethical and morally unjustified.

This case in my opinion is a civil wrong. Audi apologized and the advertisement never went on air in the US.

An illegal act is a broader term.

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