Boca Raton company claims Microsoft copied its commercials, files lawsuit

BOCA RATON, Fla. - A Boca Raton novelty company has sued Microsoft and its advertising agency for allegedly copying its product's commercials for the Windows 7 phone TV ad campaign.

Cellrderm sells a gag gift "Cell-r-derm abuse aid" patch to help reduce cell phone use– mimicking the concept of cigarette patches.

In 2009, the Boca Raton company launched two YouTube videos promoting its product: "In the Bathroom" and "In the Bedroom."
In 2010, Microsoft launched the "Bathroom Really" and "Bedroom Really" commercials, which according to the complaint filed on July 11 "incorporated substantial creative content from Cellrderm's commercials." The advertising agency Crispin Porter + Bogusky created the commercials for Microsoft.

Fred Schwartz, one of the attorneys representing Cellrderm, said that before filing the lawsuit, the company sent a letter asking Microsoft to stop running the commercials or compensate Cellrderm, but the corporation denied the commercials were similar. CPB and Microsoft declined to comment.

Cellrderm seeks to be compensated for a portion of the sales of the Windows 7 phone. Schwartz said they are seeking more than $1 million.

Do you think Microsoft's commercials resemble Cellrderm's?

Click here to watch the videos.

Reported by the Sun Sentinel