Albert Einstein Endorses the GMC Terrain SUV

Really? No, not really. But for reasons that escape me General Motors decided to use the image and likeness of Albert Einstein [allegedly] without a license to promote its new SUV, the GMC Terrain, in an advertisement that was run in People magazine.

The complaint was filed by The Hebrew University of Jerusalem (“HUJ”), which acquired all of the right, title and interest to Einstein’s name, image, likeness, trademarks and other intellectual property rights through a bequest in Einstein’s will.  The complaint alleges that:

GMC, by itself or though its agents, created an advertising campaign for its “Terrain” vehicle that prominently features the image and likeness of Albert Einstein in a four-page advertisement that has appeared in at least one magazine with significant national circulation.

On the first page of the four-page advertisement, Dr. Einstein’s face is superimposed on the body of a shirtless, muscle-bound underwear model bearing an “E=MC 2″ tattoo in a stylized font on his left shoulder. The image of Dr. Einstein on the first page nearly fills the page of the advertisement. The second page includes the following text in bold, all capital text: “IDEAS ARE SEXY TOO.” After turning the page, the third page of the advertisement features additional bold, 28 capitalized text stating “THAT’S WHY WE GAVE IT MORE IDEAS PER SQUARE INCH.” At the bottom of the third page is smaller text reading “If you’re looking for sexy thinking, you’ll find it in our newest, smallest SUV. It’s packed with really big ideas…” A photograph-like rendering of a “Terrain” vehicle appears on the fourth page of the ad, with a portion of the vehicle bleeding onto the third page.

GMC’s advertisement was premised entirely upon Albert Einstein’s image and likeness and plainly sought to capitalize on the value of the same. Professor Einstein’s instantly recognizable face is prominently displayed on the first page of the advertisement and is the first image a consumer sees when viewing the advertisement.

The text of the advertisement further connects Dr. Einstein’s image and likeness with GMC’s product and highlights that Dr. Einstein’s presence in the advertisement represents, supports, and endorses GMC’s “ideas” and “thinking.” To leave no doubt as to Dr. Einstein’s identity, the underwear model whose body is pictured in the advertisement has an “E=MC 2″ tattoo, which is a direct reference to Dr. Einstein’s theory of relativity.

In addition to falsely connecting Dr. Einstein to GMC’s product, the advertisement denigrates the image of Dr. Einstein. Dr. Einstein’s face is superimposed on the body of a shirtless underwear model whose brief-style underwear are on display in the advertisement. The tattooed, shirtless image of Dr. Einstein with his underpants on display is not consummate with and causes injury to HUJ’s carefully guarded rights in the image and likeness of the famous scientist, political activist, and humanitarian.

A picture really is worth a thousand words sometimes:

I’ve advised clients on numerous occasions about the perils of using a celebrity’s name, image, voice, likeness or other personal attributes without a license. Sometimes the client has no prior experience in these matters, so it’s somewhat understandable when they react with surprise.  But it’s a bit unusual for one of the world’s largest companies, with a large in-house legal department and access to plenty of qualified outside counsel, to fail to obtain a license that is so obviously required.  After all, HUJ says that it has extensively licensed Einstein’s intellectual property rights, including to companies such as “Apple Computer, Bell Atlantic, Citibank, Columbia Pictures, Daimler-Chrysler, Dell Computers, Deloitte LLP, Disney, Dow Jones & Company, Eastman Kodak, Einstein Noah Bagel Corporation, Epson, France Telecom, Hyundai Motor Company, IBM, Intel Corporation, Johnson & Johnson, Kraft Foods, LegoLand, Mars, Microsoft, NASA, National Geographic, Nikon, Panasonic, Pfizer Pharmaceuticals, Saab, Sony Corporation, Unilever, Universal Studios, Warner Bros., [and] Xerox.”

It will be interesting to see how GM defends this claim.  Read the complaint below:

[scribd id=32092154 key=key-85h6yrsqkfh61uj6rtd mode=list]