An Ethics Question for Ya'll....

[East_TX_Spa]

If a company sells a certain brand of spa that is not Jacuzzi brand, yet they advertise on the radio to "come in and see our Jacuzzis", is this ethical?  Is it legal, for that matter?

Terminator

[cooltoy2000]

Probably not, but they may have a case that the word "jacuzzi" has become more then just a brand name and is used as a synonym for spas.

[Dr. Spa™ Ret.]

According to Wikipedia (http://en.wikipedia.org/wiki/Jacuzzi);

"The trademarked Jacuzzi name is commonly misused to refer to any bath with water jets, and can thus be considered a genericized trademark. Sometimes spas and hot tubs are also mistakenly referred to as Jacuzzis."

And Merriam-Webster Online Dictionary;

"Function: trademark
-- used for a whirlpool bath and a recreational bathing tub or pool"

My opinion (like it's worth anything)

Though the word has a generic meaning with the general public, it is still a trademark, and a "professional" probably should know better. Still, a very good argument can be made for the words genericness and as you quoted, the phrase seems to indicate a generic use rather than a brand name. Were it to say, come in and see our Jacuzzi spas, that might be something different.

[wmccall]

I would think not. The courts can't punish us poor consumers for misusing a brand name as a generic thing like Kleenex, but if a retailer who clearly understands the difference that seems like clear deception.

Reminds me though of when I was at The Price is Right and Barker kept calling the Beachcomber tub a jacuzzi.

[drewstar]

It's misleading. If I was looking for the Jaquzzi brand tub specifially, I'd be a little peeved if I went out of my way and found they only carry Sea Monkey Spas.  


However, I do understand that many folks use the word "Jacuzzi" to refer to ALL hot tubs. (Just like we use Kleenex for tissues, BandAid for adhesive bandages, and some folks south of Mason-Dixon line refer to all soft drinks as "cokes".

Unethical? No. But it depends on the dealers intent. Are they trying to mislead people?

Ignorant? Yes. Espically for a dealer who should know better.

Illegal? Yup.

[wmccall]

I'm assuming this isn't a generic what if question. I suspect some dealer in East Texas, who frequently does questionable things has thought of a new one?  I was thinking of my local Jacuzzi dealer, you know him here as MJB.  If the store up the road did this, I'll bet at the very least there would be a cease and desist type of letter going out.

[Silent Water]

By the letter, it's false advertizing, no doubt - althought the dealer may not consider it to be so.
I'm in an industry where clarity in advertizing is very important.  

I've encountered this same issue in Real Estate.  Over the years, "Jacuzzi" has become synonomous with "jet tub", regardless of the actual brand.  For a long time it was acceptable to use the brand name to describe any bathtub with jets.  However, in recent years, regulations have become much more specific; if a Realtor uses "Jacuzzi" as an adjective when describing an alternate brand of tub, the Realtor could be held responsible if the Buyer insists on having an actual Jacuzzi. This could cost the Agent not only the price of a tub but a serious fine or even his/her licence.  Regulations are pretty strict for Realtors 'round here; not sure what they're like in the States.

So... it's possible that the advertisers using "Jacuzzi" on the radio are not being deliberately misleading, but they might want to find a more generic term to describe their tubs!  Couldn't hurt to gently point it out to them.

[Chas]

I used to sell Jacuzzi.

They were called, "Jacuzzi Whirlpool Bath" at the time, and there was a guy in town who was related to the Jacuzzi family somehow. He sold 'Jason International" tubs, which was an offshoot company started by one of the Jacuzzi family members. So he called his store "Jacuzzi Family Spas."

The HotSpring Prodigy, Jetsetter and Personal Spa (the Prodigy was called the "Home Spa" at the time) all had pumps from "Jacuzzi Brothers," which was a division which built and sold pool and spa equipment for all sorts of applications.

I also sold Coleman for awhile, and they had "Jacuzzi" right on the jet faces: they bought them off-the-shelf from JB.

I had no trouble keeping it all straight, but it sure confused the consumers.

But I had heard that Jacuzzi used to go around suing people for wrongfully using the name. Don't know if its true...

 8-)

[East_TX_Spa]

The ad is being run by the local Artesian Factory Outlet dealer and goes something along these lines:

"How nice would it be to own an Artesian Spa or Healthmate Sauna...blah..blah....blah...

whatever you want to call it: a hot tub, spa, or Jacuzzi.....blah...blah

come see our large selection of Jacuzzis....blah....blah"

When I first heard the commercial a couple of weeks ago, I immediately thought that they were now carrying Jacuzzi Spas.  Turns out they're not, they're just using the Jacuzzi name to attract customers.  Pretty smart idea...as long as it's ethical.

We had a local competitor put up a large billboard a few years ago.  It had a beautiful picture of a family enjoying a large, well-made spa on it.  I saw it one day, thought "That picture sure looks familiar...", went to the store and looked in my Tiger River catalog and sure enough, it was a picture of a TR Siberian lifted straight out of our brochure!

I got a picture of it that I got a lot of use out of.

Terminator

[xrdirthead]

That is just plain wrong and sleazy.
It is fine for an uneducated consumer to be mistaken and call any "spa" a "Jacuzzi" when they don't know any better.

[webboy]

The ad is being run by the local Artesian Factory Outlet dealer and goes something along these lines:

"How nice would it be to own an Artesian Spa or Healthmate Sauna...blah..blah....blah...

whatever you want to call it: a hot tub, spa, or Jacuzzi.....blah...blah

come see our large selection of Jacuzzis....blah....blah"

Talk about grey area. I believe in this advertisement Jacuzzi is used both correctly and incorrectly.
"whatever you want to call it: a hot tub, spa, or Jacuzzi.....blah...blah" = correct
"come see our large selection of Jacuzzis....blah....blah" = incorrect and misleading.

[sledjunkie]

Is this a joke or something?
What's the problem? Is this dealer taking business away from you or something? Cry me a river

Mr. Texas, you use beer and women in bathing suits to lure customers in.
And you’re asking about the ethics of someone using the generic term of a Jacuzzi?

Unbelievable...

[Silent Water]

I think that someone uses vinegar as sanitizer in their tub!

Tell us how you really feel, Sled.

[Dr. Spa™ Ret.]

Don't forget, he also has firearms to help close the sale


DUDE! Might I suggest some medication for you? It really would help, and you can get it at a discount from one of the many international pharmacies that I'm sure send you spam every day. They'll deliver right to your door. And if needed, I'm sure many of us would chip in for a part time nurse to help administer it...... Maybe term will even volunteer one of his lovely ladies?

[East_TX_Spa]

Is this a joke or something?
What's the problem? Is this dealer taking business away from you or something? Cry me a river

Mr. Texas, you use beer and women in bathing suits to lure customers in.
And you’re asking about the ethics of someone using the generic term of a Jacuzzi?

Unbelievable...

They's plenty o' bidness to go around, me little amigo!  I'm sure they are getting some customers and more power to 'em!    Lord knows we's doin' okay!

If you go back and read what I wrote, I commented that it was a good idea.  Most spa dealers actually go through all the hassle of becoming a Jacuzzi dealer in order to use the Jacuzzi name.  Truth be told, I know of a former HS dealer who brought Jacuzzi spas on board simply for name recognition.  My boss even toyed with the idea many, many years ago.

Hell, if all you had to do was just use their name without actually having to become a dealer, then them fellas are pretty dang smart to do so!  I was just wonderin' about the ethics and all that.  I'm curious to hear what any real life, dues-paying Jacuzzi dealers think about it. :-/

Guns, beer, cigars, womenfolk....any respectable hot tub dealer should keep them on hand in droves!

Your amigo,

Mr. Texas