Palmeiras notified Burger King on Wednesday, December 8, for its latest advertisement. In the commercial for the fast food chain, several fans from different Brazilian teams, including the Italian speaker, taste the new pork hamburger.
The new product, of course, makes reference to the nickname of Palmeiras among the club’s fans, pig. In the notification, the team demands that the commercial be taken off the air, saying the brand did ambush marketing. The practice is considered when a brand makes reference to another without being a sponsor of the team or event in question.
Check out the Burger King commercial that bothered Palmeiras and has generated discussion:
Palmeiras uses some laws and codes as a parameter to support the withdrawal request. Among them are article 87 of the Pelé Law, which establishes symbols such as property of the club, and Federal Law 9,279/96, which in articles 189 and 195 stipulates that the use of registered trademarks without authorization from the owner is a crime.
In an address to the GE website, Burger King says:
“On the notification of Palmeiras, received by Burger King, in relation to the Whopper Costela launch campaign, the brand emphasizes that its objective was to present the new product in a fun way, showing the unique taste of pork. Burger King clarifies that at no time did they mention any football club directly. “
Palmeiras, also in response to the GE, communicated:
“We notified Burger King because there was a clear and illegal allusion to the brand of Palmeiras. Brazilian football is modernizing and qualifying. It is inconceivable that, at this moment, an institution of the greatness of Burger King would prefer to pirate the clubs’ brands instead of licensing them and contributing to the strengthening of this market. “
Decisions on whether or not to withdraw Burger King’s advertising involving Palmeiras should come in the next few days.
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