Story = Cell C's complaint against Vodacom's use of the slogan “Power to you” in its advertising, has been dismissed by the Advertising Standards Authority (ASA).
Cell C argued that Vodacom's use of the slogan exploits the advertising “goodwill” that the complainant has established in the “power” theme through its own slogan “The power is in your hands”.
Cell C said it believes Vodacom's sudden use of “Power to you” in local advertising is a result of the dispute between the two companies ruled on in February.
Vodacom argued that the use of the “Power to you” slogan in SA is in line with its parent company Vodafone's global marketing. It was noted that Vodafone launched a marketing and brand campaign under the global tagline, “Power to you”, in September 2009.
Vodacom argued that it used the “Power to you” slogan on billboards at airport terminals, during June and July 2010, both at OR Tambo International and Cape Town International. The slogan was also used in print media and was extensively used in Vodafone's sports advertising, including the Ashes Cricket Series.
Cell C had claimed it had only become aware of Vodacom's use of the “Power to you” slogan in January 2011.
It was also reported that Cell C has spent R208 070 599 on rolling out its advertising campaign. Cell C also submitted a consumer research report that allegedly showed South African consumers associate the “Power to you” and “The power is in your hands” slogans with Cell C.
Power monopoly?
It was, however, found there is no likelihood of confusion between the two slogans. The ASA ruling also said Vodafone and Vodacom were the first to use the word “power” in or as part of a slogan, and Cell C cannot claim monopoly on the concept of “power”, since it is “non-distinctive and generic”.
Vodacom also submitted numerous examples of other instances where the slogan “the power is in your hands” has been used around the world.
“Although the complainant has used the statement 'the power is in your hands', it has not proved its argument that the claim has become the signature for its services, much less that the theme of 'power' is synonymous with Cell C in the mind of a hypothetical reasonable consumer,” said the ASA ruling.
“The 'power' theme is associated to many products across different industries and, therefore, not so novel and distinct to warrant protection.
“The complainant's advertising spend cannot be relied on as proof that it now has advertising goodwill on the word 'power' or any of the thematical variations,” said the authority.
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