In the ad, PC is dividing the cash budget into two piles one huge pile devoted to Vista’s advertising campaign and a second, tiny pile designated to “fixing” Vista. This ad begins with PC sitting at an accountant’s desk with a very large pile of cash symbolizing Vista’s cash budget. Returning to the ad campaign itself, the first ad I wish to discuss is that which has been tagged “Bean Counter”. Particularly in the United States where we hold the First Amendment above reproach by any laws, there are many legitimate and legal uses of a trademark, and the right to engage in comparative advertising is among one of those legitimate uses.

A trademark is a limited right and while a trademark is undoubtedly a significant business asset, it is important to remember that simply obtaining a trademark does not entitle the trademark owner to take the trademarked word or phrase out of the world’s vocabulary. This type of comparative advertising is legal, and you see it all the time. In the last few weeks Apple has created several new campaign ads that mock Microsoft’s choice to spend in excess of $300 million (rumored to be up to $500 Million) on an advertising campaign for its Vista operating system rather than to spend that money to fix the issues that PC users have faced with the program.

Have you seen the latest Mac VS PC Commercials yet? If you haven’t, you can go to YouTube or watch them directly on the Apple website.

Does marketing require a mac or a pc