Trouble ahead for former advertising executive Beth Mason, who tried to score a touchdown with this Super Bowl-themed political ad but instead... fumbled big time!
Shall we address the NFL trademark theft first? Or the LIES the ad is packed with?
OK...
Mason's LIES: Zimmer sent 2 political supporters to the Super Bowl Game.
FACT: The administration sent 2 officials to meet with NFL Executives to develop business contacts for Hoboken business, hotels and entertainment for the 2014 Super Bowl (to be hosted at Giants Stadium). Other agenda items were crowd control and maintaining a safe and secure environment in Hoboken during the 2014 Superbowl weekend.
CITY OFFICIALS ARE NOT ATTENDING THE SUPERBOWL GAME.
I believe they're already back.
Further, City Council members were invited to join this effort AT THEIR OWN EXPENSE, to meet with NFL officials and strengthen ties with our City, encourage a business partnership for the upcoming Super Bowl event. Only Jen Giattino went AT HER OWN EXPENSE, and she is NOT attending the game. And Jen has 3 young children at home. By the way... how come the uber-monied Mason didn't contribute to this effort to help Hoboken's business community? Too busy cranking out dopey ads and stalker videos then farming them to Hoboken411?
The amount of money spent was nominal- the figure GA heard was in the hundreds not thousands.
LESS than cost of a half-page lie-packed ad in the Hoboken Reporter.
Now... the real trouble for Mason. (How could a former advertising executive not know this?)
The NFL protection of it's trademark, it's players, their images, it's photography, it's logo, even use of the words 'Super Bowl' is legendary.
Yes, they've even trademarked the words "Super Bowl":
The term "Super Bowl" is a trademark owned by the National Football League, and it is protected very aggressively. What does that mean? The biggest no-no of all is to use the term "Super Bowl" in any advertising or promotional announcements that are not sanctioned by the NFL. Advertisers pay high licensing fees to the NFL for the right to use the term "Super Bowl" in their advertising. You will almost certainly hear from the NFL's attorneys if you use the term in advertising without explicit authorization from the NFL. So no "Super Bowl sales" in your ads - and don't refer to your station as the "Super Bowl Authority" in your promotional statements. These restrictions explain why you often hear it referred to as "The Big Game." But this restriction does not mean you cannot utter the words on air under any circumstances.GA was contacted by an advertising executive who has worked extensively with NFL licensing and called the Mason ad "intellectual property theft".
The exec noted that explicit permission is required from the NFL (via licensing division NFL Players, Inc.) to use the image of ANY player in or out of a team jersey, and the image of no less than 6 players. The NFL owns and controls the rights to “League Marks” which includes the names, words, symbols, emblems, logos, slogans, designs, program titles or depictions, trade dress, colors and helmet and uniform designs of the National Football League and its member clubs. And just about every photo of every NFL player/ event ever that can be licensed for use in ads, on products, etc. ANY use of any photo must be obtained with permission and payment of licensing fees to the NFL.
Further, the doctoring of photos is prohibited. (Like replacing a player's head with Dawn Zimmer's)
And the use of NFL players, logo, trademark etc. for political advertising is prohibited.
Not-Stempler just phoned me- he's at the Superbowl! When I told him about the Mason Super Bowl ad, he said that he'd done licensing agreements with the NFL, and that the penalties for what Mason's intellectual property theft are steep. That she'd hijacked the SuperBowl trademark- their protected intellectual property- for use in a local political hatchet job containing lies that are easily disproven.
Not-Stempler asked me who the NFL player was who had lost his head to Zimmer- No. 81. I looked it up: Aaron Hernandez. Not-Stempler asked me if Mason had Hernandez's permission to use his photo (minus head), if she had gotten his Agent's permission, and the NFL's permission.
If he has time (doubt it) we may hear from Not-Stempler on the ad.
My legal eagle had me look up the Lanham (Trademark) Act- something every competent advertising executive knows. A lot of mumbo-jumbo if you ask me.
So... what happens next? Giants or Patriots?
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| The Hoboken Reporter, Volume 29, Number 24, February 5, 2012- page 3 |
forward the link to this post to NFL headquarters, ask them to share with their legal department. hopefully they will followup with a lawsuit.
ReplyDeletewhat's the point of an ad like this? it's not election year, and you don't see anyone else buying political ad space. what kind of sick mind a) thinks anyone cares, and b) pursues the mayor's office 12 months a year, year in year out??? it really boggles the mind, but then you realize beth mason is petty, immature and entirely self-absorbed. even the old guard are snickering about this faux-pas.
also, the ad isn't even clever!
Thanks, JAM. I posted the ad at the bottom for anyone to download and forward as they wish.
ReplyDeleteJust another in her legion of transgressions. Trademark infringement is the least of her legal problems, these days. More about being indicative of/consistent with her overall naricissistic & sociopathic behavior than such a super-serious legal matter. Just add it to the list....
ReplyDeleteJust curious, if folks are making the effort to contact the NFL, for example, how about starting to call the FBI? As in, PLEASE! WHAT'S TAKING YOU SO LONG?
I'm actually glad Beth used the NFL analogy. It go me thinking of the applicable calls:
ReplyDeletePersonal Foul, unsportsmanlike conduct for so vehemently attacking the mayor at every chance.
Interference..for messing up the running of a city or the sale of the hospital.
Illegal Procedure.. trying to circumvent Roberts rules at every turn..
the list could go on and on...Thanks Beth.. You are a tool.
How did the HR, even though it is a rag, allow such an obviously problematic ad to run? Not sure that they are off the hook on this one.
ReplyDeleteAnyone believe that Bet knows what a point after is? Anyone want to guess who was the genius behind the ad? It certainly was not her and doubt it was any guy who is a normal football fan. Just sounds too hokey.
ReplyDeleteBeth claims to have some passing familiarity with advertising. So why would she make her hated rival out to look like a buff NFL receiver heading for a touchdown?
DeleteI would score the ad "uncomprehending."
Meanwhile, back in reality... hotels are already booking rooms for the 2014 Superbowl; the logo has been created and released for merchandizing.
You don't have to love the Superbowl. You can regard it as a massive bloodless corporate event. Whatever. But if you have the interests of a city at heart, you have to do a careful assessment of what is a once-in-a-lifetime business opportunity and, yes, figure out how best to cash in. Beth's indifferent understanding of the business of this game is visible in her way-off-the-mark ad from her 24/7/365 campaign.
If Zimmer doesn't start planning for this opportunity, Team Beth will say she is letting businesses down (like our perpetually absent Chamber of Commerce president Mike Novak lets them down). If she invests in fact-finding and trying to get ahead of the curve, they portray it as a boondoggle and reward to supporters.
You just have to ignore Beth like the gnat she is and do your job.
Bottom line, there has never been a Superbowl in the NYC area. Do you think NYC isn't doing the same thing? 1st choice for hotels will be Manhattan. Who will be #2? Hint: not Secaucus.
Advertising on this year's Superbowl was $3.5million for 30 seconds. The NFL does not need to come to you. You need to go to them.
ReplyDeleteGeez, Griswell. Unless it's grifting & the underground economy, some Hoboken politicians might have some legitimate, pro-active business/strategic planning savvy? What a concept!
ReplyDeleteBingo, MBB. This is not like the St Puketricks parade where we can ask them to move to another day. (Though our reality-indifferent 2nd Ward councilperson may give that a go.)
DeleteA storm is coming on 3 Feb 2014 whether anyone likes it, loves it, it hates it, or not. We have to decide whether we want to sell some umbrellas.
Perhaps we should...
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ReplyDelete