Chrysler is asking a federal court to block a Motown clothing distributor from using “Imported from Detroit” tagline the automaker introduced as part of its widely-discussed commercial presence in the Super Bowl.
The lawsuit claims Moda Group LLC, which operates the Pure Detroit website, has been using the “Imported from Detroit” line to merchandise its goods without Chrysler’s permission.
The tagline wrapped up an unusual – and hugely expensive — 2-minute commercial starring rapper Eminem. Chrysler has since made the line its new theme, and has even begun marketing an array of its own merchandise billed as “Imported from Detroit.”
Moda’s owners, Kevin Borsay and Shawn Santo, both from the Detroit suburb of Grosse Pointe, were named as defendants. But their spokesman said they had “no comment at this time,” adding, “We’ll be in touch.”
Chrysler’s commercial was ostensibly built around the launch of the new 200 model, but many analysts saw it more as a way of reintroducing the brand, which was nearly lost during the company’s 2009 bankruptcy.
The visually striking spot featured artist Eminem driving through a city struggling to revive, wrapping up as he took the stage at Detroit’s Fox Theater. With a gospel choir behind him, the rapper declared, “This is the Motor City, and this is what we do.” The commercial ended with an announcer revealing the new “Imported from Detroit” tagline.
The spot was considered one of the strongest of the Super Bowl, an event that often serves as the proving ground for the advertising world. Chrysler quickly followed by rolling out T-shirts and other goods using the brand’s new theme.
But, “Pure Detroit began selling (identically-themed) merchandise soon after the Super Bowl and in fact referred to themselves as ‘exclusive distributor’ of IFD merchandise on its web site,” said Chrysler spokesman Mike Palese in an e-mail.
“We asked them to cease and desist. PD took the web references and IFD merchandise down but continues to sell IFD merchandise in its stores. We even asked PD to share a portion of (its) proceeds with charities but PD has refused. We have offered very reasonable settlement terms and have made attempts to avoid litigation. But we feel we had no choice at this time,” Palese said, insisting the Detroit marketer “opportunistically sought to usurp Chrysler’s goodwill and exploit Chrysler’s investment for themselves.”
While Chrysler has declined to discuss its precise Super Bowl ad budget, the Eminem spot reportedly was the most expensive in the history of a broadcast event that has traditionally demanded the highest advertising rates. CEO Sergio Marchionne has suggested that including airtime, talent and production costs Chrysler invested something under $9 million – though some of that budget has supported the shorter versions of the commercial that have been running on television since the game – and a longer spot being run in cinemas around the country.
Chrysler has meanwhile revised the visuals used for the “Imported from Detroit” campaign, while also adding to the line-up of merchandise it is offering.
Paul A. Eisenstein contributed to this report.