[Intl-tobacco] Canada: Philip Morris considers suing over charity AIDS ads (fwd)

[Robert Weissman]

Philip Morris considers suing over charity AIDS ads
'Similar' to Marlboro Man
by Chris Eby / National Post, with files from Reuters
Source: National Post, Tuesday, 6/26/01

U.S. tobacco giant Philip Morris confirmed yesterday it is considering
legal action against a Toronto AIDS charity over an ad promoting condom
use that depicts two gay cowboys.

The cigarette company claims the ad is a blatant copy of their famous
Marlboro Man campaign.

"In the look and feel we believe it's very similar and it concerns us,"
said Robert Kaplan, Philip Morris's director of communications. "We object
to any unauthorized use of our intellectual property."

The ad, which was unveiled last week on the eve of the city's gay pride
parade and is being carried on billboards and bus shelters, has the
headline, "Welcome to Condom Country."

It shows two suggestively posed young men leaning across their saddles,
preparing to kiss one another. "HIV is on the rise in Toronto. Ride
Safely," it declares.

The billboard arguably borrows several elements from the 40-year-old
Marlboro Man campaign, including a rustic setting and a ruggedly handsome
cowboy on horseback.

It also copies the cigarette maker's well-known slogan, "Welcome to
Marlboro country."

"Our ad tried to be a parody on any number of ads that have been running
over the past 30 years that target a macho male image," said a defiant
Charles Roy, executive director of ACT.

"There are [General Motors] truck ads that have cowboys and bales of hay
and horses. Any kind of consumer product that targets men has a tradition
of using this macho male cowboy image, and cigarette companies, when they
were able to advertise in Canada, were no exception," Mr. Roy said.

He said ACT sought legal advice before launching the campaign on whether
it would infringe any copyright and their lawyers told them it would not.

If Philip Morris decides to sue, it is likely to face two obstacles.

First, the ad is by a not-for-profit organization trying to raise
awareness of a politically sensitive issue, and legal action may result in
a public outcry.

But Mr. Kaplan said, "We have no problem with the cause, we understand the
importance of the cause ... it's more about the use of what feels like
something that's very similar to our own intellectual property."

Second, Philip Morris does not own the copyright for the Marlboro Man in
Canada.

Imperial Tobacco Canada Ltd., based in Montreal, acquired the property
several decades ago and sells its own lines of Marlboro cigarettes.

However, Imperial Tobacco does not advertise Marlboro cigarettes, nor does
it have an affiliation with Philip Morris and therefore has no immediate
reason to challenge ACT's campaign.

But Philip Morris says it could still pursue a remedy through
international copyright laws.

"We're still studying it," Mr. Kaplan said. "It's too early to say
anything for sure."