Lawyers for Molson Inc. have asked a maverick ad agency to stop broadcasting unauthorized television commercials for Molson Canadian beer.
In an effort to win business from Molson, Toronto-based Vaughn Whelan & Partners Advertising Inc. developed an ad for Molson Canadian without the company's knowledge or consent. The ad aired over the weekend in television stations in Toronto and Burlington, Vt. It can also be viewed at http://www.projecthijack.com -- a website set up for the task.
"It's concerning to us on a number of levels," Molson spokesman David Jones said yesterday. "I don't think anybody wants anybody representing your product or brand to a potential audience that you have no say over. It's not something we would encourage anybody to do."
Molson's chief marketing officer, Les Hine, communicated the company's concerns to Vaughn Whelan on Tuesday, Mr. Jones said, and followed it up yesterday with a letter from Molson's lawyers.
The ad, which was only broadcast twice, tells the story of a bike courier who takes on Canada Revenue Agency, arguing that his food bill should be deductible as fuel, and won. It concludes with "Respect -- It's a Canadian Thing."
Molson is currently reviewing its relationship with Toronto agency Bensimon Byrne, which has developed advertising for the flagship Molson Canadian brand since 1999. Three other firms are on the short list: Cossette Communication Group Inc., Zig Inc. and Taxi.
Molson says Vaughn Whelan wasn't on an earlier longer list.
"The whole project had one function. To get me an hour in their boardroom -- which is not going to happen, I think," Mr. Whelan said yesterday.
He said he did not take the decision to produce the unauthorized ad lightly. Before airing the ad, he consulted presidents and vice-presidents of marketing at various companies. They told him the ad couldn't hurt, as long as it didn't denigrate Molson's brand. Mr. Whelan said he also consulted lawyers, but got conflicting advice because intellectual property law is grey in this area.
Mr. Whelan says he stands by the initiative.
"All I've done is what every other agency does. I've made a speculative piece of work and instead of showing it in a boardroom or in the confines of a focus group, I've put it out for public opinion," he said.
Molson has asked the agency to stop broadcasting the ad on television and over the Internet. Mr. Vaughn said the ad has only run twice -- once Friday night in Toronto on CFMT on Late Night with David Letterman, and once early Sunday morning on an NBC affiliate based in Vermont, which is picked up in Molson's home town of Montreal.
Mr. Vaughn said the campaign was always intended to be brief, and it will soon stop being broadcast over the Internet.
Mr. Jones said Molson is concerned about more than just an abuse of trademarks. The other issue is that breweries routinely submit their ads to Advertising Standards Canada to make sure that they abide by the federal Canadian Radio-television and Telecommunications Commission Act and by rules of the Alcohol and Gaming Commission of Ontario.
Mr. Whelan said he intended to secure such approvals, but was unable because he ran out of time before the ads were scheduled to run ahead of the Thanksgiving Weekend.
© The Globe and Mail
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