I’m usually a mild mannered individual. But when it comes to my team, My Nation…I don’t play. If you’ll remember about a week ago I wrote a Marketing Matters post entitled “Strapped Condom Ad Featuring Lil Wayne Misses ‘The Whole.‘ You’ve probably seen the ad somewhere if not here first. Well last Friday we received a cease-and-desist letter from an attorney “representing” Strapped Condoms which, among other things, accused me of using the “images and likeness of the [Strapped] in a defamatory context.” The letter then went on to THREATEN us to remove the images or face “legal actions” and “immediate equitable relief, including damage claims, should you fail to remove this material.” I have included a copy of the letter below. I have blacked out certain names to protect their privacy.

To Whom It May Concern:

I am representing ######## and Strapped LLC. It has come to our attention that materials (the likeness of characters, video and graphics concerning Strapped Condoms and the Artist “Lil Wayne”) posted on your Website are the sole property of our client Strapped. The images that you currently have posted, in regards to Strapped Condom Campaign Ad, have not been approved for release by Strapped Condom LLC. Strapped and ########## has not approved and disassociates themselves from the public dissemination of this material. Strapped has never authorized this material to be disclosed or published and your continued display of the material could result in your company being held liable for violating Strapped’s proprietary rights, and for the possible defamation of #########. Your continued dissemination and use of this material is in violation of Strapped’s statutory and legal rights. All images and likeness of the said parties are being used in a defamatory context and need to be removed from your sites & or publications to avoid any further legal actions.

Therefore, Strapped demands that you cease and desist from disseminating the material posted at the referenced web site or publication immediately, including any hyperlinks to other locations where the information may be available from all web sites and servers under your control. Strapped reserves its right to seek immediate equitable relief, including damage claims, should you fail to remove this material.

Please contact this office and provide confirmation of your compliance with this request.

Sincerely,

##############
So here’s my open letter to you:

Dear Strapped,

You picked on the wrong cat and the wrong company. See contrary to your belief, Highbrid Nation is NOT a two-bit blog that you can intimidate. The comments I made on the aforementioned blog post were not only covered by my First Amendment right to Free Speech but I’m also covered under “Fair Use.” You see my blog was based on OPINION…a very informed opinion but an opinion none the less. If you want to protect your content, perhaps you might not want to use Myspace as your site host. Their policies further make any content you post more public.

So I tried to be nice, give you a heads up that I thought your ad was putrid. Apparently you took my constructive criticism very seriously because since my comments you’ve actually changed the ad creative (shown below). Don’t worry I won’t charge you for the marketing consultation…that one is on the house; the next one won’t be.

This is another example of the sensitive ass business of Hip Hop. I think you, the brass over at Strapped should really pull the leash on your legal team. The NEGATIVE attention you’ve received from blogs like Highbrid Nation and others only boosted your brand recognition…EXPONENTIALLY. Before last week you were a little known regional brand and now because of what I called a “marketing foul-up,” one could argue your brand has gone national…maybe international. Who cares if I feel your ad was basura, maybe you should keep your mouth shut, ride the wave and make some bread. I’m sure your phones are buzzing off the hook…but no. Instead you want to make this a bravado competition, showing off your lawyer. Well I got suits too…and mine are tailor made. See I’m the best researcher in the game and the Freedom of Information Act is a bitch…one might be best served to have their facts in order before you go barking up the wrong tree.

The funniest thing about this whole ordeal is that in my original post I tried to BIG YOU UP!

“I do want to send a strong shout to Omar and the dudes at Strapped Condoms however. They’re doing some tremendous things to not only build black business but raise PREVENTION awareness and safe sex campaigns. Its not easy competing with incumbent industry giants like Lifestyles and Trojan. So although the creative doesn’t exactly hit on this one, the message is clear, Stay Strapped!”

I guess that’s what I get for trying to reach out to other black businesses. I’ve drawn the line in the sand…

Juan Perez
Highbrid Nation
Brooklyn, NY