This is an update to my previous story regarding the anti-American ads designed by Ogilvy & Mather. I mentioned in that article that History Channel parent A&E Television Networks has been issuing cease & desist letters to websites and others who were running the Ogilvy designed advertisements that featured the History Channel logo. This afternoon, I found one website which has already received a letter: MarkLives.com.
MarkLives received a cease and desist letter from AETN, parent company of The History Channel, demanding we remove advertising material for The History Channel from this site. For the record, the campaign in question was submitted by Multichoice agency Ogilvy Johannesburg, along with the information in the copy still below to MarkLives.com who published it in good faith.
The AETN letter read in part;
AETN is the owner of numerous trademarks associated with its History network, including the world famous marks THE HISTORY CHANNEL and the H logo (which are the subject of numerous trademark registrations worldwide).Neither the use and display of AETN’s trademarks nor the purported advertisements themselves were authorized by AETN. As such, your display and hosting of this unauthorized content violates our rights under relevant law and constitutes, among other things, trademark infringement, dilution and tarnishment of our brands and marks, misrepresentation, interference with contract, and unfair business practices.
A&E is not taking this apparent abuse of their brand lightly, nor lying down. Please note the date of the original post at MarkLives is yesterday, presumably prior to my article at 9pm last night.
It also seems clear I’m not the only person who can’t get a response from Ogilvy.
Normally we would stand firm against such editorial interference. However, in an email to AETS, Ogilvy Johannesburg and MarkLives.com, Graham Pfuhl, Marketing and Sales Director at Multichoice, stated that the campaign in question was in fact rejected by Multichoice, and confirmed “no History Channel ads can be published without the prior authorization of AETN.”
Would an ad agency really go ahead and produce a campaign without some sort of authorisation? The point remains unclear as no official correspondence was received from Ogilvy Johannesburg at the time of publication.
That’s certainly the question, isn’t it? Multichoice is a major Cable/Satellite television provider. But the big news comes at the end of the article. MarkLives.com has posted the copy provided to them along with the ads, by Ogilvy Johannesburg:



