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(India Resource Center)   Coca Cola threatens to sue photographer in India when one of his photographs prominantly features one of Coke's unavoidable ads.   (indiaresource.org) divider line 100
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39220 clicks; posted to Main » on 12 Jul 2005 at 7:20 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2005-07-12 02:08:23 PM
Um ... maybe the poster should read the article. Maybe the moderator should to while we are at it...

The billboard is in effect slandering Coca Cola, and I can see why they would be a bit upset about it.
 
2005-07-12 02:12:08 PM
I guess freedom of speech would surrender to capitalism if Coke had its way. No way that shiat would fly here in the US, IMHO.
 
2005-07-12 02:13:44 PM
forcebender: The billboard is in effect slandering Coca Cola, and I can see why they would be a bit upset about it.

How is it slander? I see no false accusations being made about Coke.
 
2005-07-12 02:19:25 PM
Ok, it's art and it isn't a direct statement, but given the article, anyone familiar with the situation can interpret the message as CC being responsible for the water shortages

Coca-Cola is in serious trouble in India. A massive rural movement has emerged to hold the company accountable for creating water shortages and polluting the remaining water and soil.

I'm not saying CC is innocent here, just saying the billboard is a bit in the slander/libel area since those acusations against CC aren't proven via a court or anything like that.
 
2005-07-12 02:20:25 PM


No it isn't. Slander is spoken. That's libel.
 
2005-07-12 02:21:24 PM
My mistake .. always get the two confused.
 
2005-07-12 02:28:02 PM


Was the above not subtle enough?
 
2005-07-12 02:29:58 PM
forcebender, I don't know much about the laws in India, but in the US this would fall under freedom of speech.



Would Coke sue for being compared to oil?
 
2005-07-12 02:33:44 PM
untrustworthy, you could distribute it privately, but I think once you put it in the public eye, like a giant sign, I think you'll be looking at a lawsuit. You may see stuff like this on TV from time to time in the US, but I would bet you'll see whoever did it being sued.
 
2005-07-12 02:34:38 PM
I would also take a stab that CC might sue on trademark infringement, in that the artist is trying to hype himself using their brand.
 
2005-07-12 02:43:23 PM
forcebender: untrustworthy, you could distribute it privately, but I think once you put it in the public eye, like a giant sign, I think you'll be looking at a lawsuit.

People criticize companies, individuals, and organizations all of the time. They do it through letters to the editor, music, stories, public performances, etc. There is no rule that says that freedom of speech only exists when it is distributed privately.

I would also take a stab that CC might sue on trademark infringement, in that the artist is trying to hype himself using their brand.

Trademark is intended to protect the consumers more than the company. It is to protect them from confusing one product from another. I doubt any viewers would be confused about this being an actual ad for Coke, and would likely view it as an editorial on the company.
 
2005-07-12 02:49:14 PM
I don't know untrustworthy ... I'm not a lawyer mind you, but this sort of thing seems to cross a line into the gray area. I don't see a public action group here being able to take out an full page ad on GM saying they poisen a lake and kill people without some sort of action by GM to sue them. I think a lot of this has to do with intent and where it is done and the context in which it is done.
 
2005-07-12 03:09:43 PM
forcebender: I don't see a public action group here being able to take out an full page ad on GM saying they poisen a lake and kill people without some sort of action by GM to sue them

Yeah, but that's a pretty pointed statement. You'd have to have proof if you are going to cite specific accusations. I doubt lawyers would have much to stand on if one were to make a painting representing their cars polluting the environment. No specifics are necessary to make that statement.

The painting in question is open to some interpretations and doesn't actually make any direct accusations against Coke. The implication that Coke is exploiting an area with severe water shortages to make their product (which, ironically, can dehydrate the body) is made in the mind of the viewer.
 
2005-07-12 03:15:57 PM
...Coca-Cola would seek Indian Rupees 2 million (US$ 45,000) for "incalculable damage to the goodwill and reputation"...

If the damage is incalculable, did they just pull those numbers out of their ass?...cuz ass-numbers hurt.
 
2005-07-12 04:13:38 PM
When you look at the painting, I think Coke's threat to sue this guy says all you need to know about the situation.
 
2005-07-12 04:17:05 PM
Dear India:

By following the path paved by the USA, your country will soon be owned and ruled by corporations, if it is not already. Do not resist. It is for your own good. Continue to buy useless things like your western counterparts. We have learned our lesson and know not to disobey corporations.
 
2005-07-12 05:54:55 PM
Someone needs to post the "Coke kills Union People" crap that appears in every Coke thread.

/Diet Coke with Splenda is Splendid!
 
2005-07-12 06:22:52 PM
Coca-Cola would seek Indian Rupees 2 million (US$ 45,000) for "incalculable damage to the goodwill and reputation" of Coca-Cola

Coca-Cola is in serious trouble in India. A massive rural movement has emerged to hold the company accountable for creating water shortages and polluting the remaining water and soil.




Coca-Cola: "Hey you, stop damaging our reputation. That's our job."
 
2005-07-12 06:53:58 PM
splishsplashfark:
Someone needs to post the "Coke kills Union People" crap that appears in every Coke thread.

Look up.
 
2005-07-12 07:29:46 PM
Jeez, India has all our call centers and IT people - doesn't anyone over there own a copy of Photoshop?
 
2005-07-12 07:31:32 PM
Dear corporate lawyers,
Please die.
Sincerely,
Me.
 
2005-07-12 07:32:05 PM
Let them eat cake.

/if you get that, you understand the art in that bill board.
 
2005-07-12 07:32:48 PM
No surprise that an American company looks to surpress the free speech of others given the success they've had here.
 
2005-07-12 07:32:54 PM
Have a Coke and a motherfarking smile with this restraining order.
 
2005-07-12 07:33:23 PM
Great photograph, good one Mr. Sharad Haksar.
 
2005-07-12 07:34:25 PM
I'm not trying to spark a huge debate, but I am an avid coke fan. If anyone says coke and pepsi taste the same ase liars.
 
2005-07-12 07:34:56 PM
The man from mars beat me to it...
 
2005-07-12 07:35:52 PM
I actually drink Coke, but then again, Coke's not taking all my water away either
 
2005-07-12 07:35:58 PM
I need to proof-read these.
 
2005-07-12 07:37:08 PM
They don't taste the same but they are similar enough not to elicit the fervent coke/pepsi love that I sometimes see. It's like saying dust is dirtier than fine dust.
 
2005-07-12 07:37:22 PM
I like the photo.

Artistic and profound.

Not detrimental to Coke at all.

Just a person's observation of the town and environment he's living in.


Coke heads: have a Pepsi and a smile, and shut the fark up.
 
2005-07-12 07:38:15 PM
Could be worse. It could be an adv for Union Carbide.
 
2005-07-12 07:41:34 PM
Dear Corporate Giant,
Remember McLibel.
Yours sincerely,
A Farker.
 
2005-07-12 07:41:53 PM
That font hurts my eyes, maybe its a firefox thing

/the goggles they do nothing
 
2005-07-12 07:42:56 PM
hey splishslpashfark.

you are a fool if you consume products containing splenda

generically known as sucralose, splenda is in fact an organochloride...in the same class of chemicals as PCB's
and dioxins
 
2005-07-12 07:43:19 PM
No Coke..... Pepsi..... No fries.... chips....

/ too vague?
 
2005-07-12 07:47:10 PM
organchloride, any chlorine containing organic compound. I won't even list them all, I can't, there's thousands. Like any class of compounds, some are good, some aren't.

Diacetylmorphine

Not for any Chicagoan. SNL scene based on the Billy Goat Tavern in Chicago, where yes they talk like that, and the signs clearly tell you, no Coke, and yes they serve hamburgers for breakfast.
 
2005-07-12 07:47:57 PM
I like it. I think he is a L33t Haksar for standing up against Coca Cola for his artistic rights.
 
2005-07-12 07:54:02 PM
That article made me want to go drink a coke. Damn advertising.
 
2005-07-12 07:54:13 PM
Standard Operating Procedure of companies is to suppress artistic expression that uses their trademarks. The courts have difficulty, some times, in telling the difference between some guy who is selling a t-shirt with the Three Stooges faces on it and Andy Warhol's Campbell's Soup can lithographs. The guy is clearly "borrowing" the image without changing it to make some quick scratch, while Andy's work is clearly art. It's everything in between that gives courts pause.

http://www.illegal-art.org/

Let's hope this guy gets in contact with Volunteer Lawyers for the Arts.
 
2005-07-12 07:54:23 PM
Mom just give me a Pepsi please. All I want is a Pepsi, and she wouldn't give it to me! All I wanted was a Pepsi, just one Pepsi, and she wouldn't give it to me! Just a Pepsi.

/hopefully not too obscure?
 
2005-07-12 07:54:34 PM
I hear the omelets at the Billy Goat are pretty good too, but I've never been there in the morning to try 'em.
 
2005-07-12 07:59:40 PM

Great Coca-Cola poster scene.
 
2005-07-12 08:00:05 PM
 
2005-07-12 08:00:33 PM
nice billboard.... i think coke will win the case though coz the photographer is clearly infringing on coke's copyrite..
 
2005-07-12 08:02:12 PM
The basis of Coke's threat is that the photographer used their trademarked logo, which is intellectual property of Coca Cola, without their consent. I'm not sure how Indian laws are, but the threat does have some weight if it were here in the US.

For those who would bring up free speech, well, free speech is not an issue. Coca Cola owns the logo. The fact that it was used without their consent is.
 
2005-07-12 08:03:06 PM
the original studio recording of the Kinks 'Lola' goes
"tastes just like Coca Cola", after Coke made a stink, all live versions performed since go "tastes just like cherry Cola"

/I thought all publicity was good
 
2005-07-12 08:03:24 PM
2005-07-12 07:43:19 PM Diacetylmorphine


No Coke..... Pepsi..... No fries.... chips....

/ too vague?

Cheeseburger cheeseburger cheeseburger
No, not at all
 
2005-07-12 08:04:21 PM
You know, if any radical Indian water activists are looking for a place to try their hands at a car bomb or something ...

/trying to googlemap Hindustan Coke
 
2005-07-12 08:07:05 PM
Two of my coworkers are from Kerala (a state mentioned in the article). I just showed them this article. Apparently, Coca-Cola bottling plants have been associated, time and again, with a severe negative impact on the surrounding communities, particularly water resources (what isn't dried up is poisoned). Coke Corp. has not tried at all to mitigate the impact. So my coworkers tell me... And I've no reason not to trust them...

That's pretty messed up.
 
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