Once a False Advertiser...

Mason theft of  NFL Superbowl trademark, decapitation of NFL player Aaron Hernandez (No 81) and lies- officials came back BEFORE the game, were there for business development for Superbowl 2014 at Giants Stadium 

A GA reader sent me this:

It's not the first time Beth Mason's gotten in trouble for lying in an ad.  Back in the 90's she was president of an ad agency, Friedman Benjamin, that got sued in federal court for false claims that Wilkensen Sword provided a shave six times closer than Gillette's.  Gillette won and got a huge award for damages- from Beth's agency.  Mason had to pay almost $1 million for her agency's lying ad.   That ruling bankrupted her ad agency and they went out of business.

So you think stealing the NFL trademark was an accident?   No one reaches that level in advertising without knowing Lanham like the back of their hand.

Wow.  My reader claims that Mason tanked her ad agency for lying in a campaign?   Is that true?  

GA had heard an old story floating around...

Let's see, it looks like the Mason case was cited in Major Principles of Media Law on   page 596:

OK, but...

Was the Beth Mason who pilfered the NFL trademark and performed a head transplant on Patriot No. 81, Aaron Hernandez, without permission from the Patriots organization, their owner Kraft, Inc., or the NFL for a political attack on Superbowl weekend, really at the helm of this ad agency when it was forced to pay $1 million dollars in punitive damages for lying in an ad in 1992?

NY Times, August 26, 1992

Wow.  I guess my reader was right!

You know, this case set a precedent because for the first time, an ad agency was held liable for the false claims made in its advertising.  And it was headed by our Beth Mason!  See Judge Kimba Wood's reasoning for holding  Mason's agency liable;  this from her ruling in Gillette Co., vs. Wilkenson Sword, Inc., Benjamin Friedman, Inc.:

This Court's Amended Opinion and Order of January 31, 1992, found that Wilkinson was liable to Gillette under the Lanham Act for an award of damages of $953,000 plus prejudgment interest. Hence, applying the reasoning above, we find that if Friedman Benjamin knowingly participated in the creation, development and propagation of the Ultra Glide false advertising campaign, then Friedman Benjamin and Gillette are jointly and severally liable for an award of damages of $953,000 plus prejudgment interest and costs. On the basis of the proceedings before this Court and the submissions made to this Court, the court found that Friedman Benjamin did participate in the creation, development and propagation of the Ultra Glide false advertising campaign with knowledge of its falsity, and we therefore hold that Friedman Benjamin is liable to Gillette for $953,000 plus prejudgment interest and costs, the liability being joint and several with Wilkinson.

My goodness.

One would expect a little humility, and far more care in the content of one's advertising going forward, after receiving this kind of public repudiation by a Federal court.

Well, Judge GA has reviewed the evidence, and here is MY ruling:

Judge GA's'  Amended Opinion and Order of February 7, 2012,  found that Mason was liable to the NFL, the New England Patriots, and Kraft, Inc.  under the Lanham Act for an award of damages to be determined by an actual court judge, not a snickering blogosphere. 

Hence, applying the reasoning above, we find that Beth Mason knowingly participated in the creation, development and propagation  of the "15 Yards for Roughing the Taxpayer" false advertising campaign, in which false claims were made about taxpayers footing  the bill for 'political supporters' to attend the Superbowl game.  In fact, the officials returned from Indianapolis prior to the game.  They had gone for meetings with NFL officials regarding business development for Hoboken for the 2014 Superbowl at Giants Stadium.

Further the fraudulent ad hijacked the NFL Superbowl trademark with neither license, permission nor fees paid and it performed an illegal head transplant on NFL player, Aaron Hernandez, for a childish political attack.  Further, head transplantation being experimental in nature, may adversely  affect the endorsement opportunities for the headless,  in this case Mr. Hernandez, whose head was replaced with that of a woman,  Hoboken Mayor Dawn Zimmer.  

This Court determined that Beth Mason and her unibrowed minion are jointly and severally liable for an award of damages  to be determined in a real court- Ricky bring your wallet. Minion, what size orange jump suit should we order?  In the boy's department? 

On the basis of the proceedings before GA's Court and the submissions made to this Court, the Court found that Beth Mason did participate in the creation, development and propagation of the "15 Yards for Roughing the Taxpayer" false advertising campaign with knowledge of its falsity, and we therefore hold that Mason  is liable to the NFL, the new England Patriots  and Kraft, Inc., for the entire contents of Ricky's wallet plus a handful of baubles from their safe deposit box. And NOT the ones from QVC.

Wow.  Imagine that.  Three plaintiffs. I wonder how they'll divvy up the award?  Let's hope it's divisible by 3.

Judge GA