Brand Psyche
19 June 2009 – 11:05 amHaving lunch yesterday with a lawyer friend. We touched on the legality of a brand not profiting from the goodwill of another brand.
At the weekend I saw a press advert for cakes, using a clock, cartoon style lettering and garish pastel cake colours. This is very similar to another company’s advertising, also making associations with tea time, but advertising much more heavily, and I think having started their campaign earlier.
Immediately I thought the advertiser was the heavy ubiquitous advertiser we are used to seeing. The campaign has been around for three months or so now. When looking more closely it wasn’t, it was the rival brand, looking very similar.
They were tapping in to my psyche. Definitely. I had a two second confusion window, thinking it was the ubiquitous advertiser. But how can this be proved in court?
Most non-media people would not realise they were being manipulated in this way. Partly because I saw LOCOG lawyer Alex Kelham’s excellent talk at the IPA, I was extra aware to what degree a brand can pursue an infringing advertiser.
These two tea time examples may be a co-incidence, but I am not so sure.
Both could be interpreted as legitimate images and messages. They are associating with tea time, being tea time products. The two adverts do look far too similar to be a co-incidence.
What do you think? Is measuring brand physche an impossibility? Are we taking image and rights too far? Should we relax a little and be less uptight? Do the public care? Do they notice this sub conscious mind-manipulation?
Images will appear shortly.