AT&T, Christo, Disclaimers, Lawyers and Rampant Stupidity

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by Friction Marketer on July 25, 2010 · 0 comments

AT&T just can’t get it right.

I thought they finally had – their blanket commercial seemed so good – it ignored Verizon, gave an impressive stat countering a primary complaint (we cover 97% of Americans), and used exquisite, meaningful visuals.  Unfortunately the saffron drapings across American landmarks looked just a little too close to the 2005 Central Park installation The Gates by artists Christo and Jean-Claude.   Soon after the ad first aired, Twitter and the blogosphere exploded with denunciations of AT&T for lifting the idea.  In May, The New York Post reported that Christo complained through an attorney.  A week later AT&T responded . . . not be pulling the ad, not by apologizing, but by getting their lawyers involved.  The marketing brains at AT&T decided that the best solution would be to affix a legal disclaimer to the ad:

“The artists Christo and Jeanne-Claude have no direct or indirect affiliation or involvement with AT&T.”

AT&T is now engaged in a massive advertising spend that culminates in a small print disclaimer reminding everyone who sees it (especially anyone who lived in New York in 2005) that their artistic integrity is best interpreted by a legal department.  And fairly or not, most people feel AT&T is guilty of creative lip syncing.  Adweek call is “clearly borrowed” and  an unscientific poll from the Huffington Post indicates that more than 85% of people feel that AT&T ripped off (Huffington’s words) Christo and Jean-Claude.

AT&T – why do you continue to confuse legal and marketing?

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