Macy’s, Wal-Mart, Linens-N-Things and other retailers have sent cease and desist orders to a number of Web sites that are posting their Black Friday ad circulars and specials without permission and prior to their official release dates.
Macy’s sent orders several weeks ago to BlackFridayinfo.com and BFads.net asking that its advertisements be removed from their sites, said Macy’s spokesperson Jim Sluzewski.
“Our promotional strategies and promotional items are information that we consider to be propriety information until the point that we release it and we hadn’t released it,” he said.
BFads.net posted a link to the order, which said that BFads.net was displaying information related to specials, including a detailed list of items to be on sale and even featuring images from Macy’s promotional materials, none of which had been released to the public. Macy’s said its Black Friday materials are protected by copyright, trade secret and other federal and state laws. It said the owners of the site were in violation of these laws, which carry a range of financial and other penalties.
The letter, dated Oct. 30 and sent to BFads.net in Scottsdale, AZ, also demanded that BFads.net disclose the source of the materials and expected a response within two days. It was unclear yesterday whether BFads.net had responded. BFads.net did not respond to an e-mail requesting comments.
It went on to say: “The elements of this [Black Friday] promotion, including sale dates and times, as well as sale merchandise selection and pricing, are the product of substantial time and effort on the part of Macy’s and constitute proprietary information.
“Even though that information that was posted was not provided by us, we had no way to vouch for its authenticity, yet customers may feel that we’re responsible for it, which is not the case,” Sluzewski said.
Retailers conduct significant shopping promotions centered on the days following Thanksgiving, specifically that Friday, referred to as Black Friday, when many retailers open their doors at 6 a.m. to waiting crowds. The day is considered the beginning of the traditional Christmas shopping season. Circulars and ads are typically released several days prior to hype the excitement.
At BlackFridayinfo.com, dozens of retailers logos appear and link to all kinds of specials, some headlined by a note that reads: “See all the leaked Black Friday ads.” Retailers include Ace Hardware, Amazon, Circuit City, Costco, Disney, GameStop, The Home Depot, JCPenney, Sears, Kohl’s, Office Depot, Target, Toys ‘R’ Us and many others.
A note on the Macy’s, Linens-N-Things and Wal-Mart pages offers an apology: “Sorry, but Linens-N-Things has requested that we remove their 2007 Linens-N-Things Black Friday ad.”
The site posted a cease and desist order from Wal-Mart dated Oct. 17 that read in part: “Information regarding Wal-Mart’s products, and sales prices, therefore, during the November 19th sales period and otherwise, is proprietary and commercially valuable.” Wal-Mart said it plans to release its circulars and advertisements on Nov. 19.
Officials at BlackFridayinfo.com did not return a request for an interview.
Wal-Mart’s order stated that such violations can result in severe legal penalties, including criminal penalties. It also stated that it was aware that some publishers may have encouraged printers and newspapers that lawfully possess the information and materials to inappropriately disclose them.
“It ruins their effect of surprise,” said Tina Manikas, global retail and promotion officer at Draftfcb.
Other sites featuring Black Friday ads include, www.BlackFriday.gottadeal.com and www.TheBlackFriday.com.
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