Can Samsung get away with putting down the iPhone in their commercials?

[onthecouchagain]

I dont see anything wrong with pointing out a feature, directly or indirectly comparing a feature that is on one's own product, that isn't included on one's rivals product in an advertisement.

Yup. And like I said earlier, this is a staple technique used very very often.

 

[AppleMark]

Can Apple sue for defamatory?

No.

How is an advert comparing features and highlighting absent features defamatory?

It is not.

 

[ChazUK]

I don't know about you lot, but this is one of the greatest ads I've seen in a long time.

http://mashable.com/2013/05/07/zachary-quinto-leonard-nimoy-audi-ad/

Even though it's an Audi ad, it features a Mercededs in it prominently!

 

[Switchback666]

Never seen the car commercials op ?

 

[paulsalter]

So if that's the example you want to use to claim marketing against the competition is bad or unsuccessful marketing, what do you say to people who don't want to buy everything based on a commercial that does show what the product does?

Not saying it's bad or unsuccessful

Just different

As I mentioned earlier, in the UK we mainly do not point out the negatives of the competition, ads are there to sell a product, by whatever means they chose, but talking about the competition is not one of them

If we go to the US model for ads, then I will ignore them even more than I do now

 

[The-Real-Deal82]

I think the closest thing we have in the UK to putting down competitors is supermarket ads where they point out why they are cheaper and often name rivals to make their point. Its not so much putting the opposition down but producing a price war to get more customers. They all offer different products and people will shop where convenient rather than going out of their way to get something cheaper. Not in every case, we are in a recession after all.

 

[paulsalter]

I think the closest thing we have in the UK to putting down competitors is supermarket ads where they point out why they are cheaper and often name rivals to make their point. Its not so much putting the opposition down but producing a price war to get more customers. They all offer different products and people will shop where convenient rather than going out of their way to get something cheaper. Not in every case, we are in a recession after all.

That the only thing I can think of, but like you say it's not really putting them down

It would be like an o2 ad saying we can sell you an iPhone for £450, if you go to Vodafone it will cost you £500

 

[The-Real-Deal82]

That the only thing I can think of, but like you say it's not really putting them down

It would be like an o2 ad saying we can sell you an iPhone for £450, if you go to Vodafone it will cost you £500

Indeed yeah.
As I said originally I think tit for tat advertising works in some countries and not in others. I think the UK generally gets turned off by negative marketing and people like to know why something is so good, rather than why a rival is so bad if you know what I mean? In my field if we publicly criticised our main competitors, we'd be the laughing stock of the industry. The consumer industry is very different though, and the phones market has developed very much as a team game with consumers it seems. The 'my phone is better than your phone' mentality has evolved unfortunately and this has led to big expectations that the phone companies have to try and live up to. The Samsung S4 is a great phone, but it appears it hasn't created as much excitement as the S3 because its like a iPhone 4S was to the iPhone 4. Its got some fantastic improvements but I got the impression from reading the tech sites the reception was a little muted as the expectation was built right up. That doesn't mean its not one of the best phones on the market of course.

 

[Himanshus]

Samsung has reduced Apple's market share by 10%. Obviously Apple will find excises to sue samsung. But this is surely not one.

 

[aerok]

You market your product by selling it's strengths. Just saying. Everything else is a waste of money imho. Especially that stupid Nokia wedding commercial which does nothing to promote or market the Nokia.

You sincerely don't know how marketing works nowadays.

Some of the most succesful commercials don't talk about the strengths of products, look at GoDaddy, Volkswagen, Red Spice and many more.

 

[0dev]

You sincerely don't know how marketing works nowadays.

Some of the most succesful commercials don't talk about the strengths of products, look at GoDaddy, Volkswagen, Red Spice and many more.

GoDaddy's commercials are terrible but you're completely right, as long as it gets people talking about the ad and sticks in peoples' heads it's a quality ad.

Samsung's ads in particular often do talk about their products though. The Apple attack ones certainly do. So I don't see why that's even relevant to this thread.

 

[Vegastouch]

Apple NEVER put down Windows in their commercials

 

[0dev]

Apple NEVER put down Windows in their commercials

Nope, never

That one is particularly funny because they're now basically in the same situation with Windows 8

 

[Shrink]

When I took an Advertising class as an undergrad (wwwaaaaayyyyy back in the day!), we were taught there was an unwritten rule in advertising...never mention the competition.

That rule changed many years ago.

 

[VulchR]

I think the closest thing we have in the UK to putting down competitors is supermarket ads where they point out why they are cheaper and often name rivals to make their point. Its not so much putting the opposition down but producing a price war to get more customers. They all offer different products and people will shop where convenient rather than going out of their way to get something cheaper. Not in every case, we are in a recession after all.

If I understand the UK advertising laws correctly, it is not allowed to broadcast a commercial that ridicules a product from another company. As you note, comparisons are allowed and that is all.

In any case, I find the Samsung ads infantile and misconceived. Or at least these ads are unlikely to cause long-time Apple users to switch. I have never understood the point in mocking and ridiculing the very consumers a company wants to attract. I am considering buying a Android tablet, but I rather doubt that I will buy one from a company like Samsung that is disrespectful of potential customers.

 

[0dev]

If I understand the UK advertising laws correctly, it is not allowed to broadcast a commercial that ridicules a product from another company. As you note, comparisons are allowed and that is all.

Apple's Mac vs. PC ads aired in the UK (in fact Apple went to the expense of filming different versions with British actors) so I don't think this is true unless the ASA has only just added this rule in the past few years.

 

[VulchR]

Apple's Mac vs. PC ads aired in the UK (in fact Apple went to the expense of filming different versions with British actors) so I don't think this is true unless the ASA has only just added this rule in the past few years.

From the ASA's web site:

'3.42 Advertisements must not discredit or denigrate another product, advertiser or advertisement or a trade mark, trade name or other distinguishing mark. '

I suppose denigrating the a competitor's customers or employees might be fair game...