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Microsoft Settles ‘Bathroom and Bedroom’ Windows Phone 7 Ad Lawsuit

Micorosoft Settles Windows Phone 7 'barthroom and bedroom' ads CaseRemember Microsoft’s “bathroom and bedroom” Windows Phone ad dispute, in which Microsoft and its ad agency, Crispin Porter + Bogusky, were sued for copyright infringement by a Boca Raton, Florida based gag gift company called Cellrdern, that makes a novelty “cell phone abuse” kit.

In July, Cellrdern claimed Microsoft ran a series of 2010 TV ads for its Windows Phone 7 operating system that were lifted from a 2009 YouTube ad for its own Cell-R-Derm product that tries to put a humorous tone on some people’s obsession with cell phone use.

The ads in question, tilted ‘Bathroom Really’ and ‘Bedroom Really,’ involve a man obsessed with his mobile device. In one ad, another man asks ‘Really?’ as the phone user retrieves his cell from a urinal and continues texting. In another, his preoccupation leads an ignored woman in a negligee to throw a pillow at him. The tag line is “It’s time for a phone to save us from our phones.”

Cellrderm produced two similar ads for YouTube back in 2009. In the lawsuit, Cellrderm claimed that the Windows Phone 7 ads incorporated “substantial creative content” from its commercials, including “clothing, gestures, character appearance, camera angles, and other visual elements.”

Now, the “two companies have agreed to dismiss the suit this week and reached some sort of settlement in this case. The terms of the settlement were not disclosed. But the fact that it took place at all suggests Microsoft’s lawyers believed the Florida company had a case,” reports paidContent.org.