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DO I HAVE A CASE?

Carcass Removal Advertising

Mae West supposedly said, “There is no such thing as bad publicity”.  Apparently, a restaurant in Montana thinks differently.

Bar 3 Bar-B-Q made the decision to not place a yellow page advertisement from Dex Media. Despite that, in 20o9 the yellow page company provided a “free” advertising listing for the restaurant. In 2010, it again gave the restaurant a free listing,  but also added an online free listing to the Internet version of the directory.

Free sounds good, Right? Well, not so much when the restaurant listing was put under the category of “Animal Carcass Removal”. (Story)  In 2011, Jay Leno even featured it as a joke on the Tonight Show.

The restaurant did not think that its free listing was very funny. It filed suit against Dex Media Inc. claiming that the advertisement was placed by an angry salesman of the yellow page company, after the restaurant would not buy an ad from him.

The lawsuit was filed for claims of negligence, defamation and slander and sought damages for lost business and profit as a result of having the restaurant’s reputation damaged. A carcass removal ad hurt the BBQ.

Initially, the yellow page company did not take the claim very seriously. Then, the Judge overruled their motions including a motion to dismiss. That brought their “carcass” to the settlement table. The indication was that there was evidence of company documents that would not have helped in their defense. The prankster salesman had left a trail of emails that did not seem as funny in the light of a courtroom. So, it leads me to believe that Mae West was clearly not well-versed in yellow page advertising.

For pic o’ day, I went with a remembrance from “Cyber Monday”… or something like that.


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