Guns N' Roses' Lawyer Says Dr. Pepper Giveaway Was Fraud... Even Though Axl Rose Liked It

from the you're-a-pepper-too dept

Ben S. writes in to let us know that the lawyer for Guns N' Roses is now accusing Dr. Pepper of fraud for its well publicized give-away of free bottles of the soft drink along with the release of GNR's Chinese Democracy album. As you're probably aware, the album has been delayed for years, and a Dr. Pepper exec announced earlier this year that if the album actually came out in 2008, the company would give free Dr. Pepper to everyone. The complaint from GNR's lawyer seems to pick up on two points -- which somewhat contradict each other. First, he's upset about the giveaway in that it suggests some sort of endorsement by the band of Dr. Pepper. In some ways, this is similar to the recent dispute between 50 Cent and Taco Bell. Like that case, it's difficult to see the damage done here, as there's no explicit endorsement. However, the second part of the "fraud" complaint seems to be that, given that the promotion went forward, GNR is upset that Dr. Pepper screwed it up. There were apparently problems with the Dr. Pepper website on the day of the promotion, meaning that many people who expected to get a coupon for a free Dr. Pepper might not have gotten one.

The fear, then, is that since Dr. Pepper executed poorly on the giveaway (and people might think that the band was behind the promotion), consumers would be pissed off at the band about not receiving a free Dr. Pepper. I can sort of see the logic, though it's difficult to believe that a GNR fan is suddenly going to hate the band because they didn't get a free can of Dr. Pepper. Also, the claim about GNR being upset about Dr. Pepper's use of GNR in its promotion is undermined by the fact that Axl Rose seemed quite happy by the promotion when it was first announced, writing on the band's site at the time:
"We are surprised and very happy to have the support of Dr. Pepper with our album Chinese Democracy as for us this came totally out of the blue. If there is any involvement with this promotion by our record company or others we are unaware of such at this time. And as some of Buckethead's performances are on our album I'll share my Dr. Pepper with him."
To later claim to be upset that this promotion somehow was a "commercial exploitation" of the bands' rights, seems undermined by that statement.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Blah, Dec 1st, 2008 @ 6:42am

    Blah

    No one cares about Guns N' Roses anymore. Stop writing about them.

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Dec 1st, 2008 @ 6:43am

    wah, wah, wah, i didn't get my free dr. pepper. give me a break! go buy one for $.75 or whatever your nearest vending machine charges for one.

     

    reply to this | link to this | view in thread ]

  3.  
    icon
    GeneralEmergency (profile), Dec 1st, 2008 @ 6:44am

    Ahhh, Yes...

    What a lovely start to my post-TurkeyDay Monday.

    Aging rocker AssHats flinging frivolous lawsuits about.

    Tell me, did Guns N' Roses recently graduate from the Metallica School of Public Relations? I hear its quite the program now that they have added the new "Prince" wing.

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    Nose Bot v0.8b, Dec 1st, 2008 @ 6:46am

    Re: Blah

    Just because nobody cares does not mean it is not news...

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Dec 1st, 2008 @ 6:52am

    Re: Ahhh, Yes...

    Technically, this looks like it's coming from the lawyers, probably at the direction of the Record Lable, not the artists themselves. Especially given Rose's blog post.

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Thanatos, Dec 1st, 2008 @ 7:29am

    delete duplicates

    Dr Pepper execs didn't notice the memo that Axl is the only thing driving GNR and GNR is a pisspoor product.

    It was too similar to the 'Tay Zonday is the only thing driving Cherry Chocolate Dr Pepper and Cherry Chocolate Dr Pepper is a pisspoor product' memo.

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Dec 1st, 2008 @ 7:39am

    Well, I'm willing to hate GNR for not receiving a free Dr. Pepper, so long as I don't have to start hating Slash, Izzy and Duff.

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Jason, Dec 1st, 2008 @ 7:43am

    Lawyer Leash

    I would love to see some sort of electronic lawyer restraint device for situations like this...like a bark collar...

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Keybored, Dec 1st, 2008 @ 8:36am

    PCBS

    I know these are the times in which we live but enough of this pop culture bullshit.

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Makes sense, Dec 1st, 2008 @ 8:51am

    Makes sense

    to be honest i heard about this from another person who gave me the number to call but all day long the number was busy

    and up until now i assumed it was a combined GNR/DP promotion

    I even remember seeing a headline someplace that said something along the lines of..

    GNR gives every American a DP

    so I can see them suing... usually i go the other way on issues like this though

    it is a creative but underhanded way to tie your product to a celebrity brand name like with the taco bell / 50 cent ordeal

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    Comboman, Dec 1st, 2008 @ 9:14am

    Duke Nukem Forever

    Dr. Pepper should do a similar promotion with Duke Nukem Forever. They won't have to worry about ever having to give away free soda on that one.

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Anonymous Coward, Dec 1st, 2008 @ 9:46am

    Re: Duke Nukem Forever

    I see what you did there!

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    alex, Dec 1st, 2008 @ 10:16am

    Re:

    75 cents? i miss those days. $1.50 for anything besides water now

     

    reply to this | link to this | view in thread ]

  14.  
    identicon
    RevMike, Dec 1st, 2008 @ 10:18am

    Re: Makes sense

    Makes sense wrote "GNR gives every American a DP"

    GNR is giving every American a Double Penetration? That is something to be upset about!

     

    reply to this | link to this | view in thread ]

  15.  
    identicon
    Anonymous Coward, Dec 1st, 2008 @ 10:49am

    Re: Re:

    Vending machine here in StL has cans for 60 cents

     

    reply to this | link to this | view in thread ]

  16.  
    identicon
    IT Dude, Dec 1st, 2008 @ 10:56am

    Ummmm

    People aren't pissed at GNR because they didn't get a can of Dr Pepper, they are pissed cause the new album sucks ass.

     

    reply to this | link to this | view in thread ]

  17.  
    identicon
    Anonymous Coward, Dec 1st, 2008 @ 11:57am

    lamifying

    Calling Guns N Roses GNR make it seem lame!

     

    reply to this | link to this | view in thread ]

  18.  
    identicon
    Willton, Dec 1st, 2008 @ 2:55pm

    Re: Lawyer Leash

    I would love to see some sort of electronic lawyer restraint device for situations like this...like a bark collar...

    There is in court. It's called Rule 11 Sanctions, and there's also the Character & Fitness Committee of the local state bar association.

    However, if you're looking to restrain statements made in the absence of a lawsuit like those above, there's this thing called the First Amendment that may serve as a roadblock to such efforts.

     

    reply to this | link to this | view in thread ]

  19.  
    identicon
    John Paul, Dec 2nd, 2008 @ 9:04am

    Guns N Sodas

    Looks like the Free Dr. Pepper offer created more of a buzz than this lousy album. I for one will enjoy my Dr. Pepper more than the Guns with no Roses album.

     

    reply to this | link to this | view in thread ]


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