Chrysler ran an ad featuring Eminem during the Super Bowl in February 2011, and the ad was rated as one of the best for the game. In May 2011, Audi ran an ad at German auto show that had the "feel" of the Eminem Chrysler "Lose Yourself" ad. Subsequently, the German auto show ad made its way onto the Internet.

The German ad caught the attention of Eminem and 8 Mile, Eminem's publishing company. They notified Audi that the ad constituted an unauthorized use of their intellectual property and then obtained injunctions in several European countries that stopped the ad from airing. A spokesperson for 8 Mile said that the Audi ad "copied the look and feel of the Imported From Detroit commercial." Audi then entered into a settlement with Eminem and 8 Mile that involved Audi making an undisclosed amount of donations to Detroit charities. Chrysler was not part of any of the legal actions or settlement.

 Discussion Questions

1. Is copying the "look and feel" of an ad ethical?

2. Was there a likelihood of confusion between a Chrysler and an Audi?

3. Evaluate this comment from someone who viewed the two videos. "I am So Glad Eminem and his company forced Audi to do the right thing. I played both of the commercials; the copying was apparent!

4. What advice would you give a cellular phone company about its ads and plans?