Friday, September 20, 2024

Bing Commercials Infringe on Patent?

A set of product placement ads for Microsoft’s Bing ran during NBC’s The Philanthropist. The ads showed two of the characters from the actual show in scenes in which Bing was being used – clearly ads, but still integrated with the actual program.

Not a bad idea right? Well, that depends on who you ask, because Microsoft’s ad agency JWT and its parent WPP are being sued over the ad. According to AdAge, a Delaware firm called Denizen claims to have patented this, and alleges that the agency has infriged upon it.

https://www.youtube.com/watch?v=nt2r0ibNmJU

The patent Denizen refers to is here, filed November 20, 2001, and issued February 22, 2005. The abstract describes it as:

A method and system for incorporating thematic content from a particular television program into product or service advertisements uses program-advancing elements of a television program in an advertisement for a sponsor of the program in order to entice viewers to watch the advertisements. Increased viewership of advertisements can result in increased revenue generated from advertisements that may be realized by television programs, television producers, networks, and advertisers.

Well, that sounds about like the Bing ad, but who knew such a thing had been patented? The suit would indicate that WPP knew about it, and stole the idea, because according to AdAge, Denizen says it was in contact with top executives at WPP for possible business ventures, but the talks fell through. Denizen claims that WPP breached a confidentiality agreement and that JWT has stolen their advertising strategy. (via TechDirt)

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