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Captain D's, Domino's refuse separate cease and desist orders

Despite letters from Red Lobster, Subway, brands continue to run comparison ad campaigns. 

January 21, 2009

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Separate comparison ad campaigns by pizza chain Domino's and Captain D's Seafood Kitchen have drawn the ire of the different competing brands featured. Subway has issued Domino's Pizza a cease and desist letter for its comparison ad campaign, and Captain D's has received a cease and desist letter from Red Lobster for its comparison ads.
Instead of complying with the cease and desist orders, Domino's and Captain D's have responded with in-your-face campaigns flaunting their initial claims.
Domino's Pizza launched its TV ad campaign Dec. 29, promoting a taste test that found consumers preferred the brand's Oven Baked Sandwiches over Subway's comparable flavors of Fresh Toasted sub sandwiches by a 2-to-1 margin.
Domino's launched its response ads on TV Jan. 21 during the popular American Idol. In the 30-second spot, Domino's chairman and CEO David A. Brandon playfully burns up Subway's letter in one of the ovens used to bake its sandwiches.
On Jan. 21, Captain D's sent out e-mail news alerts to its opt-in subscribers featuring a response video informing viewers of Red Lobster's cease and desist letter and proclaiming that Captain D's refused to comply. The video also invited viewers to visit the Web site www.irefusetoceaseanddesist.com for a free "I Refuse to Cease and Desist" T-shirt to the first 1,000 visitors.
Captain D's senior vice president, marketing, Sandy Clingan Smith said the Captain D's ad campaign was intended to promote the brand's quality while comparing it to another brand also known for quality.
"We felt like letting Red Lobster guests talk about the quality and value of our food would be the most credible way to share the message," she said. "In today's economy, we want people to realize we offer a chance to get great seafood at a great price."
Captain D's has not complied with the cease and desist order because the brand is "just trying to give people a choice when they are looking for great tasting seafood," Smith said.
Consumer response to the ad campaign has been positive, with sales increasing since its launch, she said. The brand gave away 1,000 free T-shirts "by lunch time the first day" of the promotion and has received "many supportive e-mails and phone calls from guests."
Rich Jeffers, spokesperson for Darden Restaurants, said the company has submitted the claim to NAD for review, and the matter has been referred to the Federal Trade Commission.
"We have chosen to address it through the proper channels and will take appropriate action based on the outcome of the outgoing process," Jeffers said.
Captain D's Smith said that the company did not participate in the NAD process because "we feel we have met the burden of proof" and that the company is waiting for the decision from the FTC.
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