<![CDATA[Gawker: peter p. mastrostefano]]> http://tags.gawker.com/assets/base/img/thumbs140x140/gawker.com.png <![CDATA[Gawker: peter p. mastrostefano]]> http://gawker.com/tag/peterpmastrostefano http://gawker.com/tag/peterpmastrostefano <![CDATA[Open letter to Puma]]> It's the best ad that's been done for your company in years, and you didn't design it. Thousands of people are circulating images emblazoned with your brand and you didn't even pay for product placement. It's sexy and a bit risque, but your primary competitor just hired a well-known porn star to push their wares, and you look prudish and stuffy in comparison. So you pop open the champagne, pat yourself on the back for work not done, and lazily watch your sales numbers climb.

Oh, wait. No you don't. You call your lawyer and threaten to sue anything that moves. Not like corporate counsel has anything better to do, you laugh.

Note to Puma's marketing department: these people passing around your images? The web-savvy pop culture addicts? They're your target market. The people telling you that the ads are offensive? (The Christian Coalition? I'm just guessing here.) Those people wouldn't have bought your sneakers anyway. You'd be very hard pressed to make the argument that the ad is affecting your sales in a negative manner, which I would think would be necessary for a defamation suit.

But we don't really think you're that naive. Somewhere in the deep recesses of Puma marketing, someone is snickering into their computer monitor and toasting Photoshop. And by god, we're going to find him! Or her. Or them.

The ad itself, however, is beside the point. The ad is fake, and we've stated as much, but if someone wants to insinuate that Puma sneakers remind them of blow jobs, isn't that freedom of expression?

RELATED LINKS:
&#183; Kate Winslet photomanipulation
&#183; More "BJ" marketing: Flirt ad
&#183; Pony and porn stars

FASHION LINKS:
&#183; Raelian fashion
&#183; Gym fashion
&#183; Fashion fatigue
&#183; Fashion wars
&#183; Bonnie Fuller's fashion faux pas
&#183; Sean Combs and fashion week
&#183; Rainbows and fabulous fashions for peace

UPDATE: See also:
&#183; Legal bloggers hash out the issue
&#183; Adrants' response
&#183; Felix Salmon's response
[send your responses to tips@gawker.com.]

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=11585&view=rss&microfeed=true
<![CDATA[Puma cease-and-desist letter]]> PUMA
PETER P. MASTROSTEFA NO, CORPORATE COUNSEL .
PETER.MASTROSTEFANO@PUMA.COM
PUMA NORTH AMERICA, INC . 5 LYBERTY WAY , WESTFORD, MA, 01886, USA
TEL : (978) 698 - 1000 . FAX (978) 698 - 1228

March 12, 2003

Re: Unauthorized PUMA Image

Dear Sir or Madam:

It has come to PUMA's attention that an unauthorized, sexually suggestive and defamatory image portraying the PUMA brand is currently being depicted on the Internet web site http://www.gawker.com, a site which I understand is owned and controlled by your company.

Please be advised that such offensive image was created without our knowledge or consent and is extremely damaging to the PUMA brand. Your intentional publication of the image will likely injure PUMA s reputation/ good name and excite adverse and derogatory opinions against PUMA. The image is obviously defamatory in nature and PUMA will not tolerate its continued use.

Further, your use of the offensive image infringes upon the trademark rights of PUMA in that it unlawfully depicts PUMA's registered trademarks, which are protected under various unfair competition and trademark laws and have been used by PUMA for many years.

Based on the foregoing, PUMA demands that you IMMEDIATELY cease and desist
from all further display, use and publication of the offensive PUMA image. If you fail to comply with these demands, please be assured that PUMA will vigorously protect its rights and will take all action necessary, including but not limited to, bringing a claim for damages and/ or injunctive relief. Nothing in this letter shall be construed as limiting, in any way, PUMA's legal/ equitable rights.

Your prompt attention to this matter is appreciated.
Sincerely,
Peter P. Mastrostefano

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=11584&view=rss&microfeed=true