How do you figure it complies? It doesn't say "registered trademarks" or anything like that. It bans advertising. If the barcode is representative of Marlboro, I fail to see how that's kosher. And nobody has come up with a reason why PM is paying Ferrari $100mm a year, if not for promotion (read: advertising).
Not only that, there was at least one year when the barcode was run in places that banned tobacco advertising, and this was changed out with the Marlboro name in places where it was allowed - building the connection and equivalency between them. Not to mention the same logo is run on other Marlboro sponsored motorsports teams. It wasn't something Ferrari just happened to think looked good on the car. And as you say, that is (the most) prime advertising space on the car. If that space was not Marlboro's, it would be resold in a microsecond to another sponsor.
That was my point exactly. The bar code and logo were used interchangeably. Would be nice if it were otherwise but...
If they had simply left a blank spot on the car when the Marlboro logo couldn't be used, then would the EU be trying to get all blank spots on the car covered up?
OK. I suppose that was the idea at some point. In reality it is a political institution that pursues legal (and other) issues selectively based on representation and deal making. In the process it has made mockery of itself. On a national level, EU seems to have added an additional level of complexity to political and legal processes which, IMO, is one of the reasons Ferrari will easily escape the tobacco ban in Europe. And I'm all for that for purely ideological reasons. Personally, I have probably gotten a net benefit from the EU but to be totally honest, it is a waste of pretty much everything I can think of.
That's why I said the EU has made mockery of itself. I think that there are still laws in the US/state books too that are constantly violated but just not enforced anymore. Something about line-drying underwear comes to mind but cannot recall the details. And in my part of the US it seems that under normal circumstances highway traffic flow up to 15 mph over the limit is always tolerated as long as no one stands out with attention getting maneuvers. I ain't complainin'.
If the barcode isn't Marlboro's barcode, how is it representative of Marlboro? Actually this has become quite boring... F1 racing in Jersey City: Now THERE'S something that should be illegal!
PM is not paying just for the bar code. My understanding is that for their $100MM they own all the advertising space on the car. So other sponsors (like Alice) negotiate with and pay PM for the privilege of promotion by Ferrari. If true, PM may be getting quite a good deal for their money.
+1 I can't remember where I read it, but IIRC they (PM) get the *majority* of that $100-large back from the "minor" sponsors. I also think the major chunk of $ is for the *honor* of the team being known as "Scuderia Ferrari Marlboro"..... I don't have an issue with the barcode (I don't believe the guy on the street associates it with cancer sticks), but "SFM" definitely gets their name out there. Cheers, Ian
It's not a scannable barcode - it is just a design that resembles a barcode. And it was used interchangeably with the Marlboro logo for at least one year. And it is on other vehicles (non-Ferrari) that Marlboro sponsors. And it is in the same places as the Marlboro logos. And it is reminiscent of Marlboro packaging/branding. If you asked F1 fans "what is that barcode like thing on the Ferrari?". Everyone would know it was the "Marlboro barcode, that's there because they can't put 'Marlboro'". It's representative of Marlboro. It doesn't need to specifically say Marlboro. It doesn't need to be a "real" barcode. It doesn't need to be a registered trademark of Marlboro. Fact is, it is associated with Marlboro. It represents Marlboro. It is not something that was put there because Ferrari just thought some white lines looked cool on the car in those places. It is an attempt to circumvent the rules. PM isn't paying Ferrari $100mm a year for fun. It's for advertising. And as such, should be removed from the car and team name.
Indeed. But, the key here (IMHO) is who you ask - Sure, F1 fans know what it represents - The team is called "Scuderia Ferrari Marlboro" after all. However, I don't think the average joe (or the mythical kid they're trying to get addicted) would have a clue what it was and wouldn't associate it with Marlboro. It'll be interesting to see what the committee decides - If they decide to ban it, it'll definitely be gone for the British GP. Cheers, Ian
Well, if F1 fans know what it represents, and Ferrari is promoting Marlboro products to F1 fans, then I would submit that what the average joe thinks isn't relevant. Most F1 viewers aren't people who just tuned in to watch one race on a whim. They follow the series and the results. I would guess a plurality of F1 fans know what the barcode means. And even if only 10% know what it means, it's still advertising to that 10%.
"Barcode" logo is gone... http://f1.gpupdate.net/en/formula-1-news/233828/ferrari-removes-barcode-from-livery/ Ferrari removes barcode from livery 06 May 2010 Following speculation that the barcode on Ferrari's engine cover was 'subliminal advertising' for tobacco company Phillip Morris, courtesy of its Marlboro brand, the Italian team has elected to remove the area from its livery. With tobacco sponsorship strictly forbidden in Formula 1, leading doctors have claimed that the Ferrari barcode logo is illegal as it subconsciously reminds smokers of a Marlboro cigarette packet although the team - which does have the Marlboro name in its official title - has strongly contested the claims. However, the Maranello squad revealed on Thursday in Barcelona that it has now removed the pattern from its cars. 'Together with Philip Morris International we have decided to modify the livery of our cars starting with the Barcelona Grand Prix,' reads an official statement from the Scuderia. This decision was taken in order to remove all speculation concerning the so-called 'bar code' which was never intended to be a reference to a tobacco brand. By this we want to put an end to this ridiculous story and concentrate on more important things than on such groundless allegations.'
I think a photo of a Pit Babe with the slogan: "Buy a pack of Marlboros and I'll give U a BJ!" Would work better.
In the end Marlboro has certainly gotten a lot of publicity out of this. If folks didn't associate them with Ferrari before they do now
Uh-oh.....The thing that replaced the barcode reminds me of the barcode that used to be there....which cast a spell over me that compelled me to buy Marlboros! We haven't heard the end of this!!
Honestly, they are still playing games. If they weren't, just make it red. Rather than having a box that essentially says "LOOK WHAT IS NOT WRITTEN HERE". Disappointing.
It is a game of seeing how far they can go, get paid and not have the EU paint it for them. Sad, childish and as Napolis said promotes cancer. There must be an element of truth in that argument for LdM to have essentially blinked and have this done to the car.