Domino's Turns A Loss In A Lawsuit It Wasn't Involved In Into A TV Commercial
from the wow dept
People have been discussing, lately, how Domino’s new advertising campaign is certainly on the gutsy side. Basically, the company started running commercials that admitted pretty clearly what anyone who’s ever eaten at Domino’s has known for years: its pizzas were dreadful. The new commercials effectively admitted this in touting a brand new recipe that they insist is much, much better, and saying that customers hated the old pizza (in slightly different words). It seems the ad campaign continues to break new grounds, as well, as the latest ad actually uses a lawsuit between two competitors as the key point to bash Papa Johns — even though the Papa Johns won that lawsuit. Found via Rebecca Tushnet, the ad itself mocks Papa Johns for “puffery” in its advertising slogan of “Better ingredients. Better pizza.” Watch it below:
You have to hand it to Domino’s ad team, though, for taking a lawsuit that didn’t even involve itself, and then creating a TV ad about it, which doesn’t even mention how the competitor they’re mocking won that lawsuit. That’s bold.
Filed Under: advertising, lawsuits, pizza, puffery
Companies: domino's, papa johns, pizza hut
Comments on “Domino's Turns A Loss In A Lawsuit It Wasn't Involved In Into A TV Commercial”
I liked Domino’s old pizza better.
Re: Re:
From someone who knows his pizza, the phrase “I liked” and the word “Domino’s” do not belong anywhere near one another…
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“From someone who knows his pizza, the phrase “I liked” and the word “Domino’s” do not belong anywhere near one another…”
Objection! Your honor, Dark Helmet is using puffery, implying Dominos never had good pizza.
I’m with Rose on this one. Despite the blog’s “Jesus, what was on it before?” remark, it was much better than other leading chain pizzas.
So, DH, I can only assume your comment distinguished pizzas from chains vs. Mom-and-pop eateries? Let’s hope so (and I’d agree, given most franchise pizzas aren’t on par with “home grown” shops).
As for Papa John’s pizza, how anyone can shovel this garbage into their gullet stumps me. Disgusting stuff, it is. Though, Pizza Hut isn’t far behind with their battery-acid-laced-with-sugar pizza sauce will attest to.
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“Objection! Your honor, Dark Helmet is using puffery, implying Dominos never had good pizza.”
If it please the court, I regret any appearance that I was implying that Dominos never had good pizza. My intention was to state it outright, leaving no room for misinterpretation. People’s exibit A is Dominos pizza. There is no need for any further exibits….
“I’m with Rose on this one. Despite the blog’s “Jesus, what was on it before?” remark, it was much better than other leading chain pizzas.”
(Chuckles, then begins shaking his helmeted head Sam Waterston syle) Your honor, I think an Article 30 examination is in order. Clearly there is some kind of deep psychosis going on here that is causing a disconnect between both Mr. Miles’ and Ms. Welch’s brains and tastebuds, such that they are able to even speak within 30 days of ingesting Dominos pizza without bazooka barfing…
“So, DH, I can only assume your comment distinguished pizzas from chains vs. Mom-and-pop eateries?”
If, in the course of normal commerce, any distinction was made by the defendants and their peers to this effect, such a consideration might be worthy of the Court’s consideration. As it stands, no distinction was made, and I must vociferously object on the grounds of the statement’s irrelevance to these proceedings, Your Honor. Pizza is pizza, and it’s either worth eating or not. The people that have half a brain have vested in this court of the City of Chicago the judgement as to that consideration, and Your Honor knows that Dominos pizza should never be eaten except as use as an alternative for waterboarding terrorists….
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…and this is why you don’t argue about pizza with someone from Chicago.
Re: Re: Re:2 Re:
Giordano’s is the pizza by which all other pizza shall be judged….
Re: Re: Re:3 Re:
“Giordano’s is the pizza by which all other pizza shall be judged….”
Close, by you’re one degree of separation off. Uno’s is that pizza. In fact, the history of deep dish pizza in Chicago is actually REALLY interesting (if you’re into food evolution and that type of thing). There was a really cool hour long show on WTTW about it.
Long story short, deep dish pizza was invented by Ike Sewell, the guy that owned Uno’s, who wasn’t even Italian, he was Jewish. But what’s also interesting is that most of the well-known deep dish pizza restaurants here in Chicago were started by guys that WORKED for Sewell at Uno’s: Lou Malnatis, Giordanos, etc.
Re: Re: Re:4 Re:
I drove 5 hours from Louisville to Chicago to try Lou Malnati’s. I was disappointed.
I drove back another time to try Giordano’s. I was even more disappointed.
I drove back again and this time went to Gino’s East…twice.
The taste buds have spoken, we have a winner!
Re: Re: Re:5 Re:
Gino’s was another product of Uno’s, FYI. You HAVE to go to the original Uno’s or Duo’s to taste where they all came from…
Re: Re: Re:6 Yes, a thousand times YES
Uno’s and Duo’s are WHERE IT’S AT.
We just recently had a Gino’s East open up in my hometown and it was like heaven on Earth.
Re: Re: Re:7 Yes, a thousand times YES
“Uno’s and Duo’s are WHERE IT’S AT.”
I made the same mistake, so I’m also correcting myself here, but the correct names would be Uno’s and DUE’S.
In any case, I might have to send one of those frozen Giordano’s overnights to the Floor64 crew so they know why I’m so adamant about my pizza, if that isn’t too creepy of course….
Re: Re: Re:8 Yes, a thousand times YES
It would suck if they were all vegetarian or vegan and didn’t end up eating it.
Re: Re: Re:9 Yes, a thousand times YES
They can post what they want on their pizza if they like in the comments section, though I absolutely refuse to waste money on a vegetarian Chicago pizza, as there really is no such thing….
Re: Re: Re:10 Yes, a thousand times YES
What, you mean you don’t want your pizza to taste like a soggy salad? That’s crazy!
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Giordano’s is the best
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Ha! I expected nothing less, DH! Good stuff!
Though, in reading your other comments, you are indeed grouping chains with mom-and-pop stores, and that’s not really fair when I can’t do such thing. Bastages!
;_;
Believe me, I’d give up franchise pizza in 10 seconds if there were any shop around my home to which I could enjoy a really good pizza.
Thus, my comments must be focused on chain pizzas, and with that, I still stand by my words the best franchise pizza is, er, was Dominos (brain damage notwithstanding over years of ingesting their “cheese”).
I’ve not tried their new offerings. Instead, I’ve stepped down to DiGiorno’s or Red Baron. Only because I don’t eat as much pizza as I used to. My waistline can’t handle any more expansion.
Re: Re: Re:3 Re:
“Believe me, I’d give up franchise pizza in 10 seconds if there were any shop around my home to which I could enjoy a really good pizza.”
Obviously you wouldn’t do this all the time, but might I suggest Giordano’s UPS delivery below. They will cook your pizza, freeze it immediately, then overnight it to you. It’s true Chicago pizza by air. I send these to my customers that once lived in Chicago but no longer do….
http://www.giordanos.com/shop/pages.php?pageid=1
Re: Re: Re:4 Re:
Thanks for the link, I will be ordering today 🙂
Domino’s, Papa Johns, and Pizza Hut should be sued for Gross mis-representation of what they sell, its not pizza, its not food, its cardboard, red sauce, and a some packing foam made to look like greasy cheese…
Kinda like MRE’s – 3 Lies for the price of 1, not meals, not ready, not edible. Same can be said of the others.
I always make a bee line for the hole-in-the wall Mom and Pop place if i am not in my home city, always the best pizza’s to be had…
And for you CA and NY lovers, sorry but heres the absolute truth, Chicago is the place for Pizza, sorry, ive been to all 3 and Chicago wins everytime.
Re: Re: Re:4 Re:
I never got to try Uno or Due’s. However, I did love Giordanos. Thanks for the link. I can now share my Chicago style pizza love with my friends.
Not to upset you, but I do love New York style as well (from certain places). Your other comment about XFL being the only football is right on though. They’re two different beasts entirely.
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Amen!
I just had Domino’s pizza last night. Slime on a shingle.
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“”I liked” and the word “Domino’s” do not belong anywhere near one another…”
The only real pizza is NYC pizza …
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“The only real pizza is NYC pizza …”
Please. That’s like saying that the only real football league is the XFL. It’s just not even close. And if I hear one person from California pipe up with their deplorable nonsense, I’m going to absolutely lose it…
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Agreed! Domino’s,Pappa Johns, etc. might be OK round flat dough things with tomato sauce and stuff on them, but they are certainly not Pizza.
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Buffalo style is where it’s at. It’s not pizza on a flatbread, nor is it pizza on a loaf of bread. Just right.
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I liked ever pizza that I at that wasn’t Domino’s.
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I never liked their pizza. But I have to say. The new Domino’s pizza surpasses decent. A MAJOR improvement over their old pizza.
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My friends and family all love Domino’s as well. Especially their barbecue pizza with extra cheddar. Delicious!
Also, we have a few mom-and-pops here in the Ft. Sill area, but they all serve cheesy grease on bad bread, as opposed to pizza.
Possibly Domino’s is just awesome by comparison?
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Ya, I actually love the “old” Domino’s! I haven’t tried the new but i already know i am not going to like it. (How’s that for “grown up”?)
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Same here. And I thought the old pizza beat Papa Johns by a little, and Pizza Hut by a lot.
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Judging by your pic, no shit.
I’m just kidding.
Jets Pizza ftw, nt
You have to hand it to Domino’s ad team, though, for taking a lawsuit that didn’t even involve itself, and then creating a TV ad about it, which doesn’t even mention how the competitor they’re mocking won that lawsuit. That’s bold.
I’m not sure I understand your emphasis on Papa John’s winning the lawsuit. They didn’t win that suit because their pizza actually had better ingredients and was better, they won because the statement is subjective, not a declarative fact, and not deceptive in advertising.
So Domino’s is pointing out that Papa John’s claim of ‘Better Ingredients, Better Pizza’ is admittedly a subjective advertising claim, not a factual statement. I don’t see why it matters if Domino’s was involved in the suit or not, or if Papa John’s won.
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… just as someone can say that Domino’s current claims are subjective. Companies in glass houses…
Re: Ad
> I don’t see why it matters if Domino’s was involved in the suit
> or not, or if Papa John’s won.
Exactly. Who won the suit or who was suing whom is irrelevant. The point of the ad is to show that Papa John’s admitted in court that its slogan doesn’t really mean anything.
it is brilliant
They are exploiting the Streisand effect in a case in which they are not even involved, to reinforce the marketing message they are trying to put across. Well played domino’s
On the down side, cardboard and ketchup have better taste, texture and flavor than their pizza.
Love the new recipe
As someone who tried the new recipe simply based on the commercial, I have to say I’m a big fan. Dominoe’s new recipe is now my favorite delivery pizza (This only applies to delivery, nothing beats Ledo’s Pizza).
The old Domino’s pizza was great. It didn’t exactly taste like pizza per se, but its different taste was what set it apart from its competitors.
you can debate the policy all day long
claiming your product is “better” or “best” or “#1” has always legally been puffery. the rationale is that these terms are too unspecific and subjective to mean anything. it’s generally not illegal to claim you’re #1, or “the best”. even when you add qualifiers and examples, it’s still hard to get out of subjective-land.
(and no, i am not calling mike an idiot in this post… i don’t see any mistakes… i’m just explaining the rationale of the law)
on a side note, whenever you move somewhere, you have to try out all the local pizza to find who has the best. there’s usually some local pizza gig that’s better than your corporate chain.
I gotta say, Domino’s old pizza was pretty crappy. Also, I’m with R.Miles, Papa John’s pizza is barely edible. If I have to order from a nationwide chain, Pizza Hut is best, but in Boston it’s Upper Crust ftw.
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Upper crust is fantastic. But I think we’re talking about like 4 stores, here.
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They’ve actually expanded quite a bit in the last ten years or so, for a total of like 14 or 15 locations throughout Boston and the surrounding area. If you live anywhere in the city, you can get it delivered.
My main beef is that they cost about 25% more than a mom-and-pop joint in the city, but they’re generally worth it.
Pertinent research on this subject:
http://www.theonion.com/content/video/dominos_scientists_test_limits_of
People who like Domino’s should be ashamed of themselves.
Gutsy, and successful.
I had avoided Domino’s pizza for nearly a decade, even going so far as to turn down free slices at public events, over how wretched I found their pies. The new ad campaign convinced my wife and I to put them down on our list for “Long day, don’t want to cook.” Haven’t gotten to them yet, but they will have earned at least one more sale from us for this campaign than they would have before.
Mike,
I think you’re pretty baseless here. I fail to see what the fact that Papa John won the (fundamentally trademark and libel) lawsuit, or that Domino’s was not involved, has to do with Domino’s point in this commercial.
Papa John’s has a trademarked slogan, that states their pizza is better. They made statements in court to effect “that’s just something we say, it isn’t necessarily true.” Domino’s then mentions that their pizza beat Papa John’s in a taste test.
I’m sure there were shenanigan’s with the taste test (their often are, anyway), but still the point is fair.
It’s not misleading. It’s in fact fairly fact based.
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Matt Bennett, I cant find where mike said anything bad about dominos for this. He seems to be congratulating them for it.
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I think you’re pretty baseless here. I fail to see what the fact that Papa John won the (fundamentally trademark and libel) lawsuit, or that Domino’s was not involved, has to do with Domino’s point in this commercial.
I wasn’t saying it was good or bad, I just thought it was interesting. You don’t see that every day where a company uses a lawsuit that another company *won* as a basis against them in an ad. I just found it interesting.
You seem to think I implied it was somehow bad. I wasn’t saying anything of the sort.
I think that whatever benefit Dominoes does for themselves, they also indirectly do for Papa Johns. By naming a competitor directly, they admit that there is competition, and re-enforce their tagline. Even as they attempt to mock it, they are giving their competition top of mind awareness.
Mike, I would think you would be against this, because it is using your old Steisand Effect to put Papa John in front of even more people. Good or bad, mentioning the name puts them on the map, and starts the whole sequence.
It is an incredibly hard piece of marketing to try to stand yourself on top of another product, especially one that uses the “puffery” to good effect.
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“””
I think that whatever benefit Dominoes does for themselves, they also indirectly do for Papa Johns. By naming a competitor directly, they admit that there is competition, and re-enforce their tagline. Even as they attempt to mock it, they are giving their competition top of mind awareness.
“””
Excellent point. I always felt like the “bash the competitor” type commercials were a stupid idea, it’s much better to hype your own positive aspects.
Domino's
Domino’s are pulling out all of the stops. Let’s see who can win the race to Social Media Marketing. On a side note: I’ll take Papa John’s puffery any day!
Clever...
Note that they say “when challenged in this court…”, NIT “WE challenged them in this court”. Also, by failing to mention that the verdict was overturned on appeal, Domino’s ad agency (and, Domino’s, by approving the spot) is guilty of deception by omission… not sure that’s a crime, but if, for example, you say “he was found guilty of grand theft” but forget to mention “the verdict was reversed on appeal” you’ve effectively damaged a person’s reputation… slander? I’m not a lawyer, but I think Domino’s crossed the line.
Re: Clever...
once again, the verdict, one way or the other, is totally unimportant. It’s only Papa John’s statement about their own slogan that matters.
It is not entirely the taste of the food.
Stop eating Domino’s food when I walked in and they where using the big pizza flipper (spatula) to clean gum off the front entrance. THEN they used that same flipper/spatula WITH OUT CLEANING IT to take the pizza out of the oven.
I left my order and never ever went back to Domino’s Pizza. There are many more local franchises that are better and cleaner with out using the flipper/spatula to clean gum off the front entrance.
Re: It is not entirely the taste of the food.
Flipper? What kind of pizza are they making now?
Having worked at Dominoes when I was but a wee kid out of high school, I worked in at least 4 different stores over a 4 year career, including some management time (had to pay for college somehow). I submit that my credentials make me an expert witness on Dominoes pizza.
I can say that their pizzas used to be pretty good some 20 years ago. Sometime after my leaving their employment, something changed.
Now, it could just be coincidence that after my departure that the “tastefulness qualities” of their pizzas declined but for the past several years their pizzas have been rather flat on flavor and boring.
Was this a matter of just cutting costs or was I the last person that had the necessary skill set to make a good pizza?
And that ladies and gentlemen of the court, is not “puffery”
The lawsuit wasn't the point at all.
It doesn’t matter whether Papa Johns won their lawsuit. The point made in the commercial is that when questioned about their slogan in court, Papa Johns stated that the slogan was puffery. This means that Papa Johns was forced to admit that their slogan was just unsubstantiated wordplay, and that they couldn’t put together any sort of survey or study that proved that people preferred their pizza. I would assume that they tried and failed, since their pizza is awful, so they just gave up and decided to admit that they are not stating a fact in their slogan, just an opinion on their own pizza.
While I agree that Domino’s new advertising is bold, it seems that you have missed the point of this particular commercial.
Re: The saddest lot here...
The saddest lot here is Pizza Hut. They felt the need to drag this into a court of law rather than trying to compete based on their actual product. Clearly both of these competitors have an inferiority complex when it comes to Papa Johns. It just makes you wonder why…
Re: The lawsuit wasn't the point at all.
It doesn’t matter whether Papa Johns won their lawsuit.
I wasn’t saying it mattered. I just found it interesting from a “gee, that’s odd” point of view.
While I agree that Domino’s new advertising is bold, it seems that you have missed the point of this particular commercial.
No, I got the point of the commercial, I just found the point that Papa Johns won the lawsuit and what they said in court is still being used against them interesting.
Re: Re: The lawsuit wasn't the point at all.
Interesting and different? Yup. Good commercial drawing attention to a supposedly better product? Nope.
Seriously, who stands outside of a courthouse these days except TV reporters trying to look important, all the while asking the lawyers and parties particularly dumb questions.
If Domino’s really wants to take on Papa John’s and Pizza Hut, why not simply have their execs apply to have a dance off on Dancing with the Stars?
Re: Re: The lawsuit wasn't the point at all.
Stop avoiding the damn issue and tell me what you want on your deep dish, you secret East Coast elite West Coast communist!
Re: Re: Re: The lawsuit wasn't the point at all.
Stop avoiding the damn issue and tell me what you want on your deep dish, you secret East Coast elite West Coast communist!
Heh. Well, as a NY native, I have to say that I am still a big fan of NY style pizza, which you can only get in greasy little dives in and around NYC. And those pizzas don’t need any toppings at all.
But… before you get upset… as my in-laws all live in Chicago, I’ve certainly grown to love Chicago style deep dish pizza, as well, particularly Gino’s East, who make an amazing crust (and I believe they do — or at least did — ship elsewhere in the country as well). I’m open to all different kinds of toppings, but generally if there’s an option with Chicago style… I’ll go with either Spinach (if I want to pretend to be healthy) or sausage (if I don’t). I’ve never had Giordano’s, unfortunately, but will have to check it out at some point.
I actually find the argument of NY Pizza vs. Chicago Pizza kinda silly, as they’re basically two totally different types of food, and barely should be considered as the same thing. It’s like comparing hamburgers to steaks. Sure, there’s some superficial similarity, but on the whole, they’re entirely different, enjoyed in different ways and at different times under different circumstances.
Out here in California, none of the NY-wannabe’s get anywhere close to making good NY-style pizza. It’s terrible. But Zach’s up in Berkeley does a decent version of Chicago-style deep dish, though it’s not as good as the original (but it will do in a pinch). There’s also Patxi, which I still think is good, but I’ve been overruled by others who don’t think it measures up to Zach’s.
Re: Re: Re:2 The lawsuit wasn't the point at all.
Great, well I was all set to send you a Gio’s pie to try out, but you’re one of those folks that doesn’t list you’re mailing address on you’re contact page for Floor64. Email it to me if you like…
Re: Re: Re:3 The lawsuit wasn't the point at all.
*AHEM*
Don’t forget about Rose and me!
😉
Flowchart please/
Could somebody take the rather confusing paragraph and turn it into a flowcart so I can tell when Pizza Hut, Domino’s and PapaJuan’s all made there moves chronologically?
Respect
Ok, I have to say that ever since seeing the first commercial in the new ad campaign I have had a lot more respect for the company. They are owning up to their own failures and are openly doing something about it. Props to them for stepping up and admitting when they were wrong. You don’t see that very often, from companies nor individuals.
It always sucks when you click through and the embedded video is blocked by geographic restrictions 🙁
EX-Pizza Employee
I have worked for 3 different pizza joints in my time. 1st and best was a mom’s and pop’s place in my local town, by far the best place of the 3 I worked at. If you enjoy dough made from scratch and rolled out by hand, fresh vegetables and cheeses and sauce was secret family recipe. 2nd place I worked at was pizza hut… Never eat that shit people NEVER! crust come as tiny 3 inch frozen disks that are put in the pans which they are cooked in filled with 3-4 inches deep of oil, the disk sits all day in this pan of oil till it defrosts and expands to fill out the pan… the rest of the garbage is just that garbage pre-cut, pre-packaged pseudo cheeses, vegetables, and sauce. Do not eat pizza hut! 3rd place I worked was well what do you know it was DOMINO’S! and yes I liked their old pizza it wasn’t half bad being from a large chain, the dough came powdered up, they mix with water and then they would roll and toss out the dough, vegetables and cheeses were fresh not pre-packaged from corporate like pizza hut, and dominos really had the customer in mind unlike pizza hut.
Last time I tried dominos was to get one of their new insanely bomb sandwiches which were made of total win!
I cant attest for every eatting papa johns, I think I might have tried some, but in my town papa johns lasted about 6 months then it vanished… Must have been some reason they did poorly!
Really if you want good pizza or atleast have way decent hit up a mom and pop pizza joint. Want cardboard flavored corn disks soaked in oil all day and topped with more corn by-products for just 10 bucks well you know where to go…
Cant vouch for new domino’s taste, but the old wasn’t half bad for the price or the taste. I’m glad they are pushing the envelope more power to them they were a decent company tips were ok, and the other domino employee’s werent that bad either. I will never work in pizza or any type of food again though, I’m not 19 anymore! lol
Puffery
The actual case in court was Pizza Hut Vs. Papa Johns and had no legal connection in court with Dominos at all. This is all public record and very interesting if you work in marketing and/or legal. Some think Puffery is a term Dominos made up…NOPE it is a real legal term. Papa Johns slogan is truly puffery and nothing more. However if they involve another brand then they honestly may be crossing a thin line regarding the puffery statements.
Dominoe, etc Not if your in Boston or NY
You go to the local corner italian pizza shop as there is no contender for a great pizza as these local mom and pop places…
Dominoes isnt pizza its bread.. Upper crust is high end crap i will settle for Stellas pizza or Pizza Roma in watertown ma anytime against any chain pizza there is no comparrison to it..
their pizza still sux
ad
if dominoes is to learn anything it wont be till the final stats come in from the ad cycle…. you can not build brand loyalty by bashing the the competition. if yamaha tried this against harley it would not do. brand loyalty is built by delivering a great product with consistancy. yes they will gain some market share with new product. but they should have concentrated on the product. trials, ect, as a consumer it actually kind of pissed me off that they went to picking on the other guy instead of working there own product.. felt like a political campaign commercial
Mike Masnick met Philip Levy of Public Citizen when he saw Philip’s name and phone number written on a men’s room wall at a synagogue. Both Phil and Mike are outed Jews and proud of it. Philip Levy is the “smarter” of the two as he is a Kike shyster while Mike is just a down and dirty Hebe. Sometimes they have a threesome with Sergey Brin when his ugly Jewess wife is not around. I heard that Sergey Brin flew his wife to Israel on his nose for their honeymoon. Sergey’s mom said she is so thrilled that Sergey snared a Kike bride as she doesn’t want no shikses at temple!
I just heard about this? And as someone else said…yea, their pizza still sucks.