Like any other site who posted the false adverts for sneaker company we'd rather not name again - we received a c&d order too. Unlike some of the other sites, we're not taking the images down.
click continue to see the reply we sent. it's not very exiting. -----
I have received and read the cease and desist order regarding the sexually explicit not-Puma ads displayed on my site, Adland.
When Puma sent out the statement making it clear those ads were never approved by them, we immediately blurred out all Puma trademarks from the controversial ads, as they clearly had no right to be on those photographs. This was in order to not to unlawfully depict Puma's registered trademarks.
If you look carefully at the article however, you'll realize that is not an article about Puma or those ads alone.
It's an article in a series of articles we call Badland, where we compare similar to downright twin advertising ideas to each other.
The Puma-fake ads have a similar idea to the very real Bulgarian Flirt Vodka ad. Regardless of the fact that the puma ads are fake, the ideas are still similar, and that is what the article is about.
I have the right to quote ideas, in any shape or form included photographed, it's part of paragraph 77 in the Danish constitution. It is also European human rights constitution article 10 protects the freedom of information and this means the right to give and pass on information, it protects against censorship. So the article and the images stay, while we make it clear that those are not real Puma ads.
Unlike any of the others who have received similar letters, I will not post yours to my site, as it is private correspondence. I will however, make my reply public.
You go girl!
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PermalinkFelix Salmon responded in a similar fashion link here.
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