Agency may sue NBC over Super Bowl ad


NBC said it will not allow a spot with numerous advertisers in the Super Bowl. We reported that LA-based agency Cesario Migliozzi was discussing such a buy with the network (12/22/08 TVBR #248) where it would pool eight advertisers to jointly buy at least one spot in the 2/1 game. The agency was offering 30 seconds of "Super Bowl Glory" for $395,000 to national advertisers who would otherwise shrink from paying the $3,000,000 which NBC demands for a 30 second spot. The $395,000 price includes creative, production, and the media buy.

"We’ve not given them permission, and there is no way we are going to," Seth Winter, SVP and Olympics sales for NBC told Adweek 12/23.

An NBC rep said the ad was never in the cards, added the Adweek story.

Now, Cesario Migliozzi is threatening NBC with a suit. Agency partner Michael Migliozzi said he had been openly discussing the co-op proposal with an NBC Sports sales rep for two weeks. The agency now wants the network to give a full retraction to statements made in the Adweek article. The letter to NBC comes from the agency’s attorney Joseph Sofio, who says the statements are "untrue and damaging to my client’s professional reputation…If we do not receive the above requested items within three (3) business days of the date of this letter [12/24], we shall file for defamation of reputation against you personally and NBC."

Added the letter: "These statements are untrue and desperate attempts to quell complaints from your existing advertisers to the detriment of my client. My client has been very forthcoming about its intent to co-brand the advertisements, since Michael Migliozzi of CM initial message left on your voicemail on or about December 15, 2008."