Originally Posted by Rocky1974
Here's a copy of the letter that Ford sent GM. They have no sense of humor at all.
Re: Chevrolet's False and Disparaging Super Bowl Advertisement
Dear Mr. Williams:
It is my understanding that Chevrolet intends to run a commercial during tomorrow's Super Bowl that makes false and misleading claims regarding the durability and safety of the Chevy Silverado and disparages Ford's pickup trucks. I write to demand that you refrain from running this commercial.
The commercial at issue, entitled "Chevy Silverado , features a Chevy Silverado owner driving through the rubble of a post-apocalyptic city as Barry Manilow's "Looks Like We Made It" plays in the background. Upon meeting up with a group of fellow survivors, all of whom are driving Silverados, the driver asks about the whereabouts of his friend "Dave." With great solemnity, one of the survivors reveals that Dave did not survive the apocalypse because: "Dave didn't drive the longest-lasting, most dependable truck on the road... Dave drove a Ford."
Chevrolet's "longest lasting, most dependable" claim is, to the extent it is legitimate, based entirely on longevity (as measured by full-size pickup registrations from 1981 to July 2011). However, the commercial, from its use of "Looks Like We Made It" to its reference to Dave's tragic demise, communicates something very different - that the Silverado is safer and more durable than any Ford pickup truck. These two messages are entirely unsupported. With respect to durability, research from R. L. Polk & Co. shows that Ford has considerably more trucks on the road with over 250,000 miles than does Chevrolet, thereby demonstrating that Ford's trucks are more durable than those manufactured by Chevrolet. As to the issue of safety, the 2012 Ford F-150 is an IIHS Top Safety pick, whereas the 2012 Chevy Silverado is not - having received less than impressive results in the IIHS side impact, rear crash and rollover tests. In light of the foregoing, Chevrolet has no basis to imply that the Silverado is either safer or more durable than Ford's pickup trucks, yet that false claim is precisely what is conveyed to the consumer.
In addition to making false and misleading claims regarding the comparative safety and durability of the Silverado, Chevrolet's commercial also unfairly denigrates Ford's pickup trucks. By specifically calling out Ford in its commercial, Chevrolet creates the disparaging impression that Ford owners are at risk because their pickup trucks are less safe and less durable than Chevrolet's pickups. It is black letter advertising law that "expressly or implicitly disparaging claims can damage a product's market share and, therefore, [] such claims [must be] truthful, accurate and narrowly drawn." See The Procter & Gamble Co. (Swiffer Dusters), NAD Case #4226 (9/14/04). As noted above, Chevrolet's claims are neither truthful nor accurate. Thus, Chevrolet has absolutely no basis to disparagingly imply that, in the event of a catastrophic event, Ford's pickup trucks and their respective owners will be reduced to ashes.
Accordingly, Ford demands that Chevrolet immediately cease and desist from making any unsubstantiated and disparaging claims regarding Ford's pickup trucks. Specifically, Ford insists that Chevrolet (i) refrain from running the commercial during tomorrow's Super Bowl; (ii) refrain from any future use of the commercial; and (iii) permanently remove the commercial from its website, its YouTube and Facebook pages and any other Internet sites. If Chevrolet does not comply with the above terms prior to the start of the Super Bowl, then Ford will take all appropriate steps to enforce and protect its reputation.
This letter is written without prejudice to and will not be deemed a waiver of any of Ford's rights, remedies or defenses, all of which expressly are preserved.
Sincerely,
Lynne M. Matuszak
Counsel
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