Tobacco Documents Online

'Marley' Trademark: Media

Abstract

This 1993 Philip Morris email confirms that PM registered the trade name "Marley" in France. Journalists at the time were suspicious that PM might have done this to prepare for the potential legalization of marijuana, a subject which had arisen in Europe around that time (according to the email). Bob Marley Music, Inc., protested the move, claiming in the press that by trademarking the name "Marley," PM was "denigrating the name of the late Bob Marley, a Jamaican reggae musician."

In the email, PM denies that they intended to use the mark with Bob Marley in mind. Their response to press inquiries about the trademark was simply, "The name 'Marley' can have a wide variety of associations." PM declined further explanation of why they chose the name, saying only that "for competitive reasons, we do not disclose our marketing plans. This includes reasons for trademark applications."

Interestingly, in March of 1994 (just three months after this email was written) a marketing firm produced a report for Philip Morris called "Marlboro Image Dynamics Study in the Ivory Coast 940300." The study revealed that Bob Marley was one of the two musical artists most frequently mentioned by young males in Ivory Coast when they were asked to name their favorite musicians.

On September 6, 2001, Doc-Alert posted a 1976 marketing document prepared for Brown & Williamson that discussed tobacco companies trademarking street names of marijuana. While not mentioning any specific companies or street names they have trademarked, the report confirms that tobacco companies have done this. It also discusses the rationale behind the move: positioning to cash in on the legalization of marijuana, if it should ever happen. The broadly assesses the industry's potential to fill such a market, and even goes so far as to predict the value a legalized marijuana market would have for the tobacco industry:

"[Marijuana] is the recreational drug; the choice of a significant minority of the population.

The trend in liberalization of drug laws reflect the overall change in our value system. It also has important implications for the tobacco industry in terms of an alternative product line. [The tobacco companies] have the land to grow it, the machines to roll it and package it [and] the distribution to market it" (Reference 20). In fact, some firms have registered trademarks which are taken directly from marijuana street jargon. These tradenames are used currently on little known legal products, but could be switched if and when marijuana is legalized. Estimates indicate that the market in legalized marijuana might be as high as $10 billion annually..."

(The Bates number of the above document is 779122607/2901. You can see the Doc-Alert post on it here: http://tobaccodocuments.org/landman/548359.html)

------------------------------------------------------- Notes: The Doc-Alert posting about PM's Ivory Coast marketing study is here: http://tobaccodocuments.org/landman/2501055626-5716.html

Fields

Notes

The Doc-Alert posting about PM's Ivory Coast marketing study is here: http://tobaccodocuments.org/landman/2501055626-5716.html

Quotes

In the last 18 hours, PMI and PMCInc communications have received a few media inquiries about PM registering the trademark "Marley" in France. There is interest in this because Bob Marley Music Inc. has made claims in the press that PM is denigrating the name of the late Bob Marley, a Jamaican reggae musician. Coinciding with this is the fact that the issue of legalizing marijuana has once again come to the fore in Europe. (Mr. Marley, who died in the early 1980s of a brain tumor, was a Rastafarian; the sect utilizes marijuana in its sacrements, I believe.) The media calls have come from: DAILY MAIL (UK), SUNDAY EXPRESS (UK), and NEW YORK NEWSDAY (a short item did appear in today's "Inside New York" column in this paper.) In addition, PM offices in France and Brussels have received calls on this subject. PM's statement (drafted by PMI, in conjunction with PM Trademarks): * PM has registered the trademark "Marley" in France. This in no way reflects Philip Mords's intention to use the mark with Bob Marley in mind. The name "Marley" can have a wide variety of associations. We do not feel that Bob Marley Music Inc.'s exclusive claim of the name "Marley" across varied product lines is a valid one. It is our opinion that French lawas would not support the claims by Bob Marly Music Inc. * (in response to why did we chose this name) For competitive reasons, we do not disclose our marketing plans. This includes reasons for trademark applications. * (in response is PM preparing for legalized marijuana cigarette sales) ABSOLUTELY NOT! In addition, questions from the reporters have touched on the following: + is Lady Thatcher a consultant to PM? (yes) + are we using Marley because Bob Marley has a large following in LDC countries, and since cigarette consumption in the West is declining, we will be marketing our products there? (No; over 90% of PM tobacco products are sold in the developed OECD nations; less than 1% of sales come from so-called 'less developed countries.') I am checking with PM Trademark department to see if any further action on the Companies' part is warranted. I will keep you posted. Cheers. .cc

Company

Philip Morris

Author

Dennis, Darienne (Mgr., PM Corporate Communications (c. 1992))

Recipient

Fuller, Craig L. (Sr. V.P. Corporate Affairs for PM, 1994)

He was Philip Morris' top spokesman in 1994. (WSJ 6-3-94) He was a Philip Morris Vice President. (PMI's Introduction to Privilege Log and Glossary of Names, Estate of Burl Butler v. PMI, et al, April 19, 1996)

Han, Victor (PM Worldwide Reg. Affairs, Dir. of Communcations c. 1993)

Director of Communcations for Philip Morris Worldwide Regulatory Affairs office circa 1993-95. Directed strategy and implementation of internal and external communications. Also worked for PM Corporate Affairs. Vigorously defends company's sale of tobacco products but refuses to smoke around his two young daughters saying "Certainly I don't want my kids to smoke. As a parent I want to take as many risks out of their lives as I possibly can." (Washington Post National Weekly Edition, January 13, 1997, pg. 9)

Holt, Barry (PM Media Relations)

Region

France

Named Organization

Bob Marley Music

Daily Mail

Inside NY

LDC (less developed countries?)

NY Newsday

OECD -- Office of European Community Development (Certifies labs in Europe)

Sunday Express

Litigation

Stmn/Produced

Named Person

Marley, Bob - famous reggae singer

Thatcher, Margaret (Former British PM, on Philip Morris board)

Type

TELE, TELEX

MEMO, MEMORANDUM

NEWS, NEWS ARTICLE

Subject

marketing

marketing strategy

trademark