Jamba Juice has issued a response, but it's pathetic:
Jamba Juice would like to expressly communicate that the Summer Bliss promotion was not intended to imply any affiliation with Mr. Rees, Mr. Rees' endorsement of Jamba Juice and its products, or Jamba Juice's endorsement of Mr. Rees' work."
Jambattorneys, if you're reading, here's why that's pathetic: what's at issue isn't that people think Rees "endorses Jamba Juice and its products" (he says he "prefers wine") but that to my non-lawyer eyes, Jamba Juice appears to have ripped of Rees' well-established body of work.
I don't know if what Jamba did is illegal or not, I just know it seems unfair and uncool.
Snip from Rees' step-by-step analysis of the Jamba campaign (a sample ad is inset, below):
# The clip art is public domain, of course, anyone can do anything with it ... but check out the word balloons! JAMBA JUICE TOTALLY BIT MY GYWO WORD BALLOON STYLE! Rounded-edge text box with single line pointing to mouth? I developed that in 2001 using Quark XPress 4!!! THAT'S MY SHIT!!! Jamba Juice, you're a bunch of BALLOON-BITERS.Look, IANAL, but it doesn't take a lawyer to smell something fishy in the wheatgrass. There's even a Get Your War On book, for cryin' out loud. Lazy ad agencies, if you're gonna copy someone's work without credit, at least pick on lesser-known, web-only artists whose work hasn't been online for 8 years. They're easier targets.
# First person to sue Jamba Juice on my behalf CAN KEEP ALL THE MONEY. All I care about is destroying Jamba Juice and their overpriced dumb-ass juices. EAT A PIECE OF FRUIT, you morons, you're missing most of the fiber.
I'd like to see Jamba Juice apologize and buy David Rees a box of chardonnay, then call it a day.(thanks, Sean Bonner)
Update: Cory weighs in on the controversy.
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Boing Boing editor/partner and tech culture journalist Xeni Jardin hosts and produces Boing Boing's in-flight TV channel on Virgin America airlines (#10 on the dial), and writes about living with breast cancer. Diagnosed in 2011. @xeni on Twitter. email: email@example.com.
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