Answer:
You are the legal advisor of a big advertising company, Clooney Ideas. They have a lot of clients and every month you get various Television Commercials (TVCs) ideas from the art director and concept writers to analyze and give legal clearance. This month the following concepts / idea were presented to you:
Idea # 1 (Japan Chai)
The TVC will show a skinny (thin) person fighting a wrestling match (kushti) at a village in interior Punjab. He is foiled miserably by his opponent (a big pahalwan). The skinny person is then approached by his friend who says “Japan cha sumo wrestler ki pehchan!” The skinny person has the tea and then immediately becomes a big fat sumo wrestler (like Yokozuna). In the next round he thrashes his opponent and wins. He is hailed by everyone in the village. In the last scene the skinny person says “Tussi bhi piyo! Sumo wrestler na banay to Rs. 1000 inam!”
Idea # 2 (Awami insect killer)
A person (famous cricketer Zameer Akram) is shown being bitten by mosquitos. He goes to a doctor and tells him that for some reason mosquitos love him. The doctor (who is the famous hero Fahad Khan wearing a lab coat) says, “Hum nay Awami insect spray, dus (10) patients per kiya, or 100% positive result raha!” In the next scene Zameer Akram is shown playing a night cricket match and all mosquitoes near him are falling dead immediately, a batsman who is about to face him also runs for his life like a mosquito. In the end Zameer Akram is shown holding Awami insect killer and saying “Awami mein hai Awam ki power!”
You are separately told by the makers of Awami insect killer that the 100% success rate is based on lab conditions i.e. the patients were exposed to rare breed of mosquitos found in Africa only. The spray will have very little effect on mosquitos found in Pakistan.
Idea # 3 (Dosti chewing gum)
A group of 6 friends will be shown in the first scene who are sitting idle and getting bored in a university. All of a sudden one of the friends pops out a box of dosti chewing gum and gives it to all of them. After eating the chewing gum, all of them get energized, start to run around, three friends are shown flying in the sky with wings. One of them is riding a flying horse. Two of the friends are shown getting on a rocket and flying to space. In the last scene all friends shout collectively “Dosti chewing gum is so friendly!”
Idea 4 (Afridi whitening cream)
In the first scene, three African Americans are shown trying to give trials for the Chinese basketball team. However, due to their skin tone they are rejected despite having exceptional skills. They go home depressed.
In the next scene their Pakistani friend comes to their place and says “You can be as fair as me, apply Afridi whitening cream for 30 days, if you don’t become fair, you three can win a ticket to Hawaii”
The three basket players are then shown using the Afridi whitening cream and growing fairer each day. Eventually all three of them turn into famous, Pakistani actors. They appear for basketball trials again and are selected for the Chinese team.
At the end of the TVC a voice over says, “Afridi whitening cream, world’s number 1 whitening cream”
Q-1 Discuss the legal implication for each of the above ideas. In particular, which ideas (from a legal perspective) are the best and the worst?
Q-2 Please elaborate how will you change the ideas to cover the legal risks involved.