Burning Man As A Marketing Tool

[1durphul]

Saw this today on Facebook in my ads column.

Doesn't the BRC LLC generally frown on this sort of thing?

[Elderberry]

Well that's an interesting twist. They aren't actually selling anything. All they're asking you to do is like them, and they are then raffling off tickets. I think this might be hard to prevent, though I could be wrong. They aren't using the name as any sort of endorsement for their product.

[1durphul]

Well that's an interesting twist. They aren't actually selling anything. All they're asking you to do is like them, and they are then raffling off tickets. I think this might be hard to prevent, though I could be wrong. They aren't using the name as any sort of endorsement for their product.

What about the image of the man though?

[Elderberry]

Well that's an interesting twist. They aren't actually selling anything. All they're asking you to do is like them, and they are then raffling off tickets. I think this might be hard to prevent, though I could be wrong. They aren't using the name as any sort of endorsement for their product.

What about the image of the man though?

Don't know. They are using logo's from other companies in their promotion as well.

Dibbs San Francisco.png

[BBadger]

That "Like" button is absolutely commercial exploitation of the BM logo. Some sites will go to extreme lengths to get people to click their "like" button to generate "social interaction" and interest around certain pages and products, and this certainly seems the case. If it were not so, this site would not be supposedly giving out tickets for people who clicked that button. Even if such marketing motives were not in place, the "Like" button is also used by Facebook to generate data for marketing trend information; by clicking that "Like" button you are effectively endorsing a site, its products, and its market.

I've just reported this abuse of the BM logo and namesake so that it is taken down as the commercial exploitation it is.

[Elderberry]

That is actually a screen capture of the Facebook Page.

[Drawingablank]

Yah, giving away tickets as part of the promotion may be in questionable taste but within the rules, but use of the logo is a definite violation.

[AntiM]

You can report it to the BMORG directly. Last email address I had was:

[email protected]

[BBadger]

I sent it to the press@ address, but I've sent a copy to the IP@ email as well.

[Elderberry]

I'll be curious how or even if they reply.

[Savannah]

I don't think they reply to the person who submits a trademark violation, but I think they contact the violator. The org has to defend the trademark to certain degree in order to keep it, if what I remember is true.

If a merchant has a comment area, I've been known to leave a (fairly) polite comment with a link to the trademark page.

[Elderberry]

Maybe not. But the reason I'd be curious is that I'm nit sure it's a violation of use. There are lots of companies that give away products or services made by other companies as incentives, and often use the company's mark in their advertising. Banks giving away toasters is the first thing that comes to mind, but there are many others. I did a promotion where I was giving away copies of Microsoft Software and used their mark, as the software I was giving away was theirs and the mark identified it as an authentic product.

I would think if I were to have a promotion and the prize was burning man ticks that I bought and paid for, the use of their mark as proof of authenticity would be OK.

Again, I'm not an attorney, but this topic intrigues me.

[Savannah]

I'm not addressing the topic at the top of the page--which I feel two ways about. I'm merely saying that one will probably not receive a message back from IP@.

However, I still find it worth doing. Especially when I think someone is a sneaky, opportunistic git . . . or their workmanship is shoddy. That's the worst.

[Elderberry]

I'm not addressing the topic at the top of the page--which I feel two ways about. I'm merely saying that one will probably not receive a message back from IP@.

However, I still find it worth doing. Especially when I think someone is a sneaky, opportunistic git . . . or their workmanship is shoddy. That's the worst.

Agreed.

[Eric]

I'll be curious how or even if they reply.

I send stuff like this to press@, and I've always gotten a reply thanking me. I don't know if they'll do that this close to the event, however...

[BBadger]

Maybe not. But the reason I'd be curious is that I'm nit sure it's a violation of use. There are lots of companies that give away products or services made by other companies as incentives, and often use the company's mark in their advertising. Banks giving away toasters is the first thing that comes to mind, but there are many others. I did a promotion where I was giving away copies of Microsoft Software and used their mark, as the software I was giving away was theirs and the mark identified it as an authentic product.

Sure, Microsoft didn't mind, but that was done with their tacit approval because companies like the free advertisement if it's in an acceptable context. If you were tossing around the Microsoft logo to help you advertise for some horse porn campaign they might send you a letter requesting you to disassociate yourself with their brand, or else face legal recourse for trademark infringement.

I would think if I were to have a promotion and the prize was burning man ticks that I bought and paid for, the use of their mark as proof of authenticity would be OK.

Just because you're using a product of BM as a marketing lure doesn't entitle you to abuse their logo and namesake for commercial exploitation, tickets in hand or not. Otherwise, any company could easily "give away" some product and plaster the product's company's logo all over their marketing media for whatever purpose giving the impression of endorsement and sponsorship. Unauthorized use is trademark infringement, and the owner of the trademark can legally force any violating party to have the trademark removed. This is why the BM logo was trademarked in the first place.

[BBadger]

BMOrg got back to me. The problem has been fixed. Great work on everyone's part.

[Elderberry]

BMOrg got back to me. The problem has been fixed. Great work on everyone's part.

That's good to hear. I see they removed the logo and replaced it with the name http://www.facebook.com/pages/Dibbs-San ... 1149485546