Tobacco Documents Online

c ~-Ac., A~% 7,vl-ir.S'~ " S UPREthE COURT OF TH,E STATE OF NEW YORK COUN OF1NEW YORK JL(Exhibit.. a .' enL . . ............ Evid. Mr. John Bresnahan P. Lorillard Company 200 East 42nd Street New York, New York • Dear John: Delores J. Ryarr;=R: Official Court Reporter One of the first assignments our company received after being retained by your company on June 1,. 1970 was to think about the packaging on your current brand of Kent Cigarettes. Specifically, Mr. Irving Guberman, Brand Manager asked us to think about updating the exterior package of Kent and perhaps suggest a change of color combinations. During~ the creative meetings we came up with several visual ideas and, in fact, conceived a new name for a different brand of cigarettes. The new.name was Kicks. Though _ we were not authorized to conceive a new name and a new package it nevertheless provided so much "creative stirnulation" that we decided to present this the following day at lunch to Mr. Guberrnan. He, thereupon, rejected the name and even offered one,.flf his own. 'At that time he asked us to please stop working on that assignment and continue on other assignments he had given us in the interim time. Several months later during the month of August our creative director, Mr. Phil Gaberman, on his own initiative and withflut the knowledge of our staff and without the authorization of our client, P. Lorillard Co. , wrote two letters to two different schools for art and, design requesting that these schools consider working into their curriculum the assignment of dedigning a package for Kicks cigarettes with consideration being shown for its appeal to a young adult market. His action came to my attention when I perused~ a recent article in Consum er R eports that quoted excei ~~ his --1. CY

Cont. Mr. Ere(- than C letter . I contacted Mr. Gaberman at home,( for he is no longer a member of our staff and has not been since December 11th ), summoning him to my office on December 22nd and questioned him at length about the two unauthorized letters he• wrote. Though he was not authorized to have considered this project after Lorillard rejected it back in July he nevertheless decided upon is own initiative to pursue creative packaging for the proposed brand of kicks. He stated that one school never answered his letter and the other rejected his request. He thought no more about this and did not, in fact, bring this to the attention of either myself or our staff . As your sales promotion agency, we are engaged in designing, conceiving and producing your point-of-sale material and we do not get involved in packaging, advertising or- any of the other services that are adequately covered' by other agents of your company. Each - assignment that we are engaged in is written up in our status reports and submitted to the brand manager of Kent. Since our only business with Lorillard is the management of Kent Cigarettes sales promotion, at no time dies the word kicks or the assignment to design a new brand name and new package for a new brand appear in any, of our status reports. We hope that this letter clearly sets the parameter more clearly for the total work 'which we are clalled on to perform on your behalf. If you have any questions that require clarification please do not hesitate to call. Sincerely yours, Robert M: Sandelman, President