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    Clint Eastwood Wins $6.1 Million CBD Lawsuit

    The Academy Award-winning director accused a Lithuanian company of falsely claiming that he had endorsed CBD products.The actor Clint Eastwood and Garrapata, the company that owns the rights to his likeness, were awarded $6.1 million on Friday in a lawsuit they had filed against a Lithuanian company that was accused of using Mr. Eastwood’s image and likeness to make it appear as though he was endorsing their products.Last year, Mr. Eastwood filed two lawsuits in federal court in Los Angeles against three CBD manufacturers and marketers whose products were featured in an online article falsely claiming that he endorsed CBD products, as well as 10 online retailers who he accused of manipulating search results through meta tags. (CBD is cannabidiol, a nonintoxicating compound in the cannabis sativa plant.)According to the first lawsuit, the online article contained a fake interview with an outlet meant to resemble the “Today” show. It included a photo of Mr. Eastwood from an actual appearance on “Today,” as well as links to buy the items.“Mr. Eastwood has no connection of any kind whatsoever to any CBD products and never gave such an interview,” the court documents said.The judge, R. Gary Klausner of United States District Court for the Central District of California, entered a default judgment after Mediatonas UAB, the company that published a fabricated interview with Mr. Eastwood, failed to respond to a summons in March. Mr. Eastwood and Garrapata were then awarded $6 million based on the company’s unauthorized use of his name and likeness, along with about $95,000 in attorneys’ fees and a permanent injunction that blocks future use of his name and likeness.“In pursuing this case, and obtaining this judgment, Mr. Eastwood has again demonstrated a willingness to confront wrongdoing and hold accountable those who try to illegally profit off his name, likeness, and goodwill,” said Jordan Susman, a lawyer for Mr. Eastwood, in a statement.Mediatonas UAB could not be reached for comment.Mr. Eastwood, 91, who recently starred in and directed “Cry Macho,” has enjoyed a lengthy Hollywood career that has ranged from inhabiting tough-guy roles (“Dirty Harry”) to directing dramas like “Million Dollar Baby” (2004), which won best picture at the 2005 Academy Awards.The original complaint, filed in July 2020, named as defendants the companies whose products were being advertised in the article. In February, Mr. Eastwood’s lawyers filed an amended complaint against Mediatonas UAB, the company that owns the websites where the false stories appear.While the court agreed that Mr. Eastwood and Garrapata were entitled to damages for the unauthorized use of his name and likeness, it declined to grant their full request, which also accounted for defamation claims.“It requires additional context to understand what CBD products are and why a person like Clint Eastwood would not endorse a marijuana-based product,” the judge wrote, adding that the language used “was not libelous on its face.” More

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    Cliff Freeman, Adman Who Asked, ‘Where’s the Beef?,’ Dies at 80

    His humorous touch was evident in commercials for Wendy’s, Little Caesars, Fox Sports and many other clients. “We have to win with wit,” he once said.Cliff Freeman, the award-winning copywriter and creative director behind many witty television commercials, most memorably the one for Wendy’s in which a gravelly-voiced old woman shouts, “Where’s the beef?,” at the sight of a puny hamburger patty in an oversized bun, died on Sept. 5 at his home in Manhattan. He was 80.The cause was pneumonia, his wife, Susan (Kellner) Freeman, said.In a career of nearly 40 years, Mr. Freeman’s antic sense of humor made brands stand out — first at the advertising agency Dancer Fitzgerald Sample and then, starting in 1987, at his own small agency, Cliff Freeman & Partners.“Cliff has consistently done some of the funniest, smartest ads on TV,” Jim Patterson, the chairman of J. Walter Thompson’s North American operations, told The Tampa Bay Times in 2005. Mr. Freeman’s work, he added, “is always fresh and original.”For the candy bars Almond Joy and Mounds, Mr. Freeman coined the song lyrics “Sometimes you feel like a nut/Sometimes you don’t.” For Little Caesars, he scripted (and voiced) the toga-clad Roman gnome who declares, “Pizza! Pizza!” and “Cheeser! Cheeser!”For Philips, Mr. Freeman’s “Time to change your light bulb” campaign featured a commercial in which a man inadvertently flirts with a burly workman in an elevator, instead of the beautiful woman he thought was beside him before the lights went out.And for Outpost.com, an online computer retailer looking to raise its profile, gerbils (not real ones) were fired from a cannon, aimed at the second “o” in an Outpost sign.“Almost all our clients are Davids up against Goliaths,” Mr. Freeman told New York magazine in 1993. “We have to win with wit.”From left, Elizabeth Shaw, Mildred Lane and Clara Peller in what was probably Mr. Freeman’s best-known commercial: the 1989 spot for Wendy’s in which Ms. Peller asks, “Where’s the beef?”Cliff Freeman and CompanyIn 1984, Wendy’s was looking to differentiate its burger, the modestly named Single, from McDonald’s Big Mac and Burger King’s Whopper. Research found that the Wendy’s Single patty was larger than the patties of the Big Mac and Whopper.Working with the director Joe Sedelmaier, Mr. Freeman created separate commercials, one with three old women and one with three old men, scrutinizing the fluffy hamburger bun before seeing the tiny patty inside. The breakout version was the one with the women, specifically the squawky octogenarian Clara Peller, who demands to know where the beef is.“It went viral globally before the term was coined,” Dan Dahlen, the former director of national advertising for Wendy’s International, said in a phone interview. “And as we got into the election, Walter Mondale turned to Gary Hart” — during a debate among candidates for the 1984 Democratic presidential nomination — “and asked, ‘Where’s the beef?’”Mr. Freeman was still at Dancer Fitzgerald a year later when he wrote another popular Wendy’s commercial, which promoted the chain’s breadth of food choices by parodying the lack of choices in Soviet society. In a faux Russian fashion show, a heavyset woman struts on a runway, modeling the same shapeless dress for day wear, evening wear (accessorized with a flashlight) and swimwear (with a beach ball).Mr. Freeman said it was his favorite ad, in part because of the response.“The entire Russian government protested it,” he told The Wall Street Journal in 2003. “How much more reaction can you get than that?”In 1985, Mr. Freeman wrote another popular Wendy’s commercial, which promoted the chain’s breadth of choices by parodying the lack of them in a faux Soviet fashion show. “The entire Russian government protested it,” he said proudly.Freeman and CompanyClifford Lee Freeman was born on Feb. 14, 1941, in Vicksburg, Miss., outside Jackson, and moved with his family to St. Petersburg, Fla., when he was 6. His father, James, and his mother, Lillian (Pennebaker) Freeman, owned a dairy business and motels.After graduating from Florida State University in 1963 with a bachelor’s degree in advertising, Mr. Freeman joined Liller Neal Battle & Lindsey, an Atlanta agency. He moved to McCann Erickson in 1968 and, two years later, to Dancer Fitzgerald, where he worked for 17 years.The Little Caesars pizza chain was one of the first accounts Mr. Freeman won after starting his own agency, and it remained a signature client for 11 years as it fought for market share against competitors like Pizza Hut and Domino’s.“Well, you know, pizza is a fun product,” Mr. Freeman told Luerzer’s Archive, an industry magazine, in a 1998 interview. “Everyone sits around and eats pizza together, so you’ve got to have fun when you advertise it. You certainly can’t treat it seriously.”One ad Mr. Freeman devised emphasized the stretchiness of pizza cheese, to slapstick effect (a baby goes on a wild ride in her high chair throughout the house while holding onto a slice). In another, a goofy worker for an unnamed rival chain tries to impress a customer by contorting a pizza box, origami-style, into the shape of a pterodactyl (underscoring its offering of just a pizza and a box, compared with Little Caesars’s two pizzas for one low price).Those commercials helped lift sales of Little Caesars 138 percent from 1988 to 1993. Nonetheless, after sales flattened and Little Caesars considered changing ad agencies, Mr. Freeman ended his firm’s association with the chain in 1998.Over the years, Mr. Freeman’s agency won many Clio Awards for advertising excellence. It won for commercials created for clients like Little Caesars, Philips and Outpost.com, and for a series of ads for Fox Sports’ National Hockey League coverage that demonstrated how basketball, bowling, billiards and golf would be better if they were played more physically, like hockey.Neal Tiles, a marketing executive for Fox Sports, told The New York Times in 1998 that it had chosen Mr. Freeman’s agency because it took “creative risks in a strategic way” on so many campaigns.But Cliff Freeman & Partners lasted only 11 more years. Amid a recession, executive turmoil and client departures, it shut down in 2009.In addition to his wife, Mr. Freeman is survived by his son, Scott; his sister, Chase McEwen; and his brother, Hunter. His marriage to Ann Angell ended in divorce.Mr. Freeman was well aware that markets like fast food were hypercompetitive, but he tried not to take his work too seriously; success, he maintained, often required a humorous touch.“I think when you’re slamming the competition, people find it kind of hard to take unless you do it in a way that is really fun,” he told Luerzer’s Archive. “Then they are able to accept it.” More

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    How a TV Ad Enticed Broadway Crowds Right After 9/11

    Rudy Giuliani was meant to appear; Elaine Stritch arrived just in time. Recalling the “I Love New York” spot that helped dispel the fear in Times Square.Following the Sept. 11 terrorist attacks, Broadway suspended performances for just two days, reopening on Sept. 13, 2001. But audiences were hesitant to return, and many shows performed to near-empty houses for weeks.To encourage attendance, the theater’s brightest stars — many in costume — gathered in a mostly deserted Times Square on Sept. 28 to perform the John Kander and Fred Ebb song “New York, New York.” (A studio recording session was held the day before to capture audio).Book ended by two of Broadway’s best-known voices, Bernadette Peters and Nathan Lane, the performance had the Phantom rubbing shoulders with the Beast, while “Lion King” puppets bobbed overhead. Brian Stokes Mitchell and Brooke Shields were there; so were the preteen urchins from “Les Miserables.”The footage was used for a 30-second commercial that ran on major television networks, as well as in movie theaters across the country. The goal of the ad, according to its director, Glenn Weiss: “I want people to not be afraid to come and see a show.”The week of the attacks, Broadway altogether grossed an anemic $185,490. After the commercial’s release, ticket sales steadily increased, and for the week of Nov. 11, shows brought in $470,845.Twenty years later, as Broadway braces for another nervous reopening, there are striking parallels to that morning in late September. Indeed, on Aug. 30, the industry set in motion its own post-pandemic marketing campaign, including a clip-filled video entitled “This is Broadway,” narrated by Oprah Winfrey.Here, those who were in front of the camera and behind the scenes for the 2001 ad reflect on the experience. These are edited excerpts from the conversation.JAN SVENDSEN FRIEDLANDER, then-marketing director of the Broadway League On the 12th, I did go to work. I went to the League offices and all these members — producers and theater owners and general managers — started coming. No one knew what to do. And then midday, the mayor’s office called and they said, “You’ve got to get Broadway reopened.” So we agreed to reopen on Thursday the 13th.Jan Svendsen Friedlander, the former marketing director of the Broadway League, with a poster signed by many of the participants in the Broadway-boosting 2001 commercial.Rozette Rago for The New York TimesRozette Rago for The New York TimesNATHAN LANE, performer Everybody was shaken by what happened. And people were concerned it might happen again. “The Producers” had opened and played through summer and then it was the fall. We went back on a Thursday, all because of [then Mayor] Rudy Giuliani — this is before he was a raging [expletive]. It felt wrong to be going back so quickly. And yet we were trying to do something positive.DREW HODGES, founder, SpotCo advertising agency Something like five days later we were back in the office and trying to figure out what to do. We had this idea of doing a TV commercial, getting everybody into Times Square. Barry Weissler, the “Chicago” producer, he was a friend. We went to him and said, “We have this idea, help us rock and roll it forward and get it to more powerful people.” And I believe he said, “I was thinking the same thing.”BARRY WEISSLER, producer We knew we wanted to sing “New York, New York.” What else? It was an idea that grew out of my meeting with Jed [Bernstein, former Broadway League president], saying we should bring the entire Broadway community together in one place to celebrate humanity — the tragedy aside, 9/11 aside. Let’s celebrate Broadway, humanity and life.BERNADETTE PETERS, performer Of course, New York was afraid. We were concerned: Is it going to happen again? But we just had to be brave and let people know that it was time to take back New York.JERRY MITCHELL, choreographer Drew Hodges called me and said, “We’re getting ready to do a commercial. We’re filming in Times Square. I’m going to get all the actors before their matinee. Will you choreograph it?” I said, “Absolutely, what do you need?” He sent me the song, and I had 12 dancers, I think, with me. I choreographed a little something for them that night. And the next morning, we met at the Booth Theater [functioning as a green room]. I went onstage, and there was the Broadway community, in costume, sitting in the audience.CHRIS BONEAU, publicist [Producers] were told, “We need two people to do this, and it has to be Nathan and Matthew [Broderick].” Or: “It can be three costumed characters, and these are the ones who we would like to get.” You got to hand it to the people who wrangled the whole thing. I mean, there were so many people behind the scenes who were doing every single thing they could to get this moment right, because you only had one shot at it.HODGES We were standing in Shubert Alley, waiting to go into the Booth while the shows filed in. And we heard this jangling sound, and we couldn’t figure out what it was. And it got louder and louder. And then around the corner came all the Rockettes. And they were in costume, in formation in one line, tap dancing, literally, across an empty Times Square.Faces in the crowd, from left: Tony Roberts, Peters, Betty Buckley, Joel Grey, Dick Cavett, Stritch and Cady Huffman.Sara Krulwich/The New York TimesJOEL GREY, performer Everybody you ever knew in the theater all of a sudden was there, shiny and bright and ready to take on the world. Theater people believe in dreams, so we were all dreamers saying, “Everything is going to be all right.” We all needed to tell a story.MITCHELL I was standing onstage [at the Booth] and said, “This is the choreography; everybody stand up.” I think I played the tape three times. And then as each group went to their place, I put an assistant with them. They took them out to the platform and started reviewing it. Then I went out front, and I climbed the George M. [Cohan] statue, and I was standing on the statue yelling at everybody over a megaphone.PETER GALLAGHER, performer I remember Jerry, he couldn’t have been a more embracing and vibrant life spirit. And, frankly, it was just really reassuring to see everybody — just to see a lot of people you had known or worked with.HODGES The last line is, and Nathan says it in the spot, “Come to New York and let’s go on with the show.” But it was supposed to be Giuliani.FRIEDLANDER We kept hearing, “He’s coming, he’s coming. Don’t let anybody go, he wants to be in it.” So while we were waiting, a lot of the restaurants in Times Square came running out, and they were handing [out] cases of water and croissants and pastries and sandwiches and drinks.GLENN WEISS, director Fire trucks were heading right past us. And literally every cast from every Broadway show stopped, turned and applauded. The people who get applause were giving applause, and it was for our first responders. That vision will stick with me forever.PETERS We had our passion and our power and our love for New York and what it represents. Everyone was there. Of course Elaine Stritch, my dear friend, she just made it at the last minute, because she always would run just a little late.HARVEY FIERSTEIN, performer We were told to wear anything we wanted except white. That was emphasized a bunch of times. So we were ready to shoot and a cab pulls up through the police line and out steps Stritch, all in white. And then of course, everybody’s already in place, so the only place she can possibly stand is dead center — in white.LANE She thought, I think because of the success of “The Producers,” I would be in the front row and that if she stood next to me, she would definitely be on camera. She said, “Oh, no, no, no, I’ll be right here next to Nathan.” That I remember was very amusing. And very typical of her.Nathan Lane recalled how Elaine Stritch jostled for a prime position at the shoot.Jesse Dittmar for The New York TimesWEISSLER A few performers, when we placed them, insisted on pushing through to the front. I’m not going to name names. So take a look at who’s in front. She was a dear friend.HODGES We had to plan where everybody stood, and it was a grid of 40 shows. So people like Susan Lucci and Alan Alda [both had previously been on Broadway] were in the front, as they did not have a show to stand with. And of course, they were recognizable.FRIEDLANDER The concept was always to start really small with Bernadette. Bernadette symbolizes Broadway. And then the idea was just to go wider and wider and wider, so that you see Times Square, and you see that there was life there.PETERS Although I started it and I’m the first voice, it’s all of us. That’s what was important. The feeling of the love between us made us all stronger.HODGES Every single person did it for not a penny, which is kind of miraculous.FRIEDLANDER Seth Popper [the League’s director of labor relations] was my counterpart; he managed to get all the unions to give us concessions, so that we could actually shoot this spot. In the real world, if we had tried to pay for that spot, it would have been millions of dollars.GREY It was impossible to not want to be a part of it, to be somehow part of the solution. God, who would believe that there even was a solution?GALLAGHER Fortunately, none of us are accustomed to certainty in any aspect of our lives. And so it’s the kind of pluck: We don’t stop performing in a show just because it doesn’t work, or it’s going to close. You don’t stop because there’s a threat. You just keep going. More

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    Broadway Theater Owners and Producers Start Campaign to Bring Back Locals

    The trade association representing theater owners and producers gets an assist from Oprah Winfrey as it seeks to drive ticket sales beyond the buzzy September reopenings.Broadway producers and theater owners, concerned about whether fans are ready to return as dozens of shows prepare to start or resume performances, have banded together for an industrywide marketing campaign aimed at persuading Broadway’s core audience to purchase tickets.Gone are the days when the booming industry was focused on expanding its reach to tourists from China and Brazil. Now, as the longest shutdown in history nears an uncertain end, an anxious industry is more focused on bringing back fans from New Jersey and Connecticut.On Monday, the Broadway League will begin a “This Is Broadway” campaign that it plans to roll out on screens not only across the five boroughs — at subway and bus stations, in taxis and Wi-Fi kiosks, and on a giant electronic cube in Times Square — but also through social and news media platforms with a broader geographic reach, including YouTube, Facebook, Hulu, Condé Nast, CNN, The New York Times and more. The campaign, aimed squarely at people from the East Coast who before the pandemic enjoyed seeing Broadway shows, seeks to serve as a reminder of all that Broadway offers.The campaign is anchored by a 2.5 minute video, featuring snippets of 99 shows, such as “A Chorus Line” and “Hamilton,” and narration by Oprah Winfrey. The spots will be excerpted in 30 second, 15 second and 6 second digital ads.The marketing material points consumers to a new website, thisisbroadway.org, that features, describes and links to sales sites for every Broadway show that will be onstage this season; two shows, “Springsteen on Broadway” and “Pass Over,” are already running, and 15 more plan to start performances in September. The site also features recommendations based on user interests, and information about safety protocols (all shows are requiring that patrons be vaccinated and masked).“The goal is to let the world know we’re back, and, specifically, to drive ticket sales for the first six months from the Northeast corridor and the Eastern Seaboard, which is where we believe is our best opportunity to put people in seats,” said Charlotte St. Martin, the president of the Broadway League, which is a trade association representing theater owners and producers. The League has set aside $1.5 million for the campaign, but says that the campaign will have a broader reach, which they estimate will be worth more than $3 million in advertising value, thanks to discounted ad rates and support from other organizations.The campaign is unusual for Broadway because individual shows usually do their own marketing. But this is an unusual time, when concerns about the Delta variant have made an already precarious reopening seem even more risky. The League, citing the atypical nature of this season, says it will not disclose box office grosses, but St. Martin said the industry’s September sales are strong..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“There will be shows, as there always are, that don’t do well, and I’m sure they’ll blame it on the pandemic,” St. Martin said. “But I’m very encouraged.”Theater owners agreed to pool consumer data from a period of five years, including 17 million ticket sales in the Northeast, to improve the campaign’s targeting, and multiple unions agreed to allow the use of archival video for advertising. Collectively the spots feature 113 shows, 735 performers, and one dog (Sandy, from “Annie,” of course).In addition to the video, the campaign will call attention to the industry in other ways as well. On Aug. 30, the Empire State Building will be lit up to celebrate Broadway’s reopening. In collaboration with Audience Rewards, there will be a contest in which one person can win four tickets to all 38 shows now on sale. And, in collaboration with Playbill, there will be a mid-September festival and concert in Times Square.The League has been determined since the start of the Broadway shutdown in March 2020 to find a way to promote Broadway as it returns, but the focus of the campaign has shifted as the Delta variant has rattled consumers.“The hypothesis had been that the core audience is going to come back, and we should focus on the casual theatergoer,” said Andrew Lazzaro, a consultant who helped design the campaign for the Broadway League. “But over the course of the summer, as the Delta variant took hold, positions changed — a lot of our data started to suggest that the core audience wasn’t coming back at the level we needed, and we were able to pivot.”Lazzaro said their strategy is primarily aimed at a million people living between Maine and Virginia who, before the pandemic, were reliable theatergoers, interested in seeing what’s new on Broadway, and accounting for a disproportionate share of ticket sales, but who now may need a bit of encouragement to resume the habit.The campaign is scheduled to run through the end of the year. It overlaps with a $30 million promotional campaign by the city’s tourism agency to lure visitors back to New York City. More

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    Jane Withers, Child Star Who Later Won Fame in Commercials, Dies at 95

    As a girl, she landed leading roles that were the antidote to Shirley Temple’s. As an adult, she was known as Josephine the Plumber in ads for Comet cleanser.Jane Withers, a top child star in the 1930s who played tough, tomboyish brats in more than two dozen B films and achieved a second burst of fame as an adult as Josephine the Plumber in commercials for Comet cleanser, died on Saturday in Burbank, Calif. She was 95. Her death was confirmed by her daughter Kendall Errair.In her first major movie role, in 20th Century Fox’s “Bright Eyes” (1934), the 8-year-old Jane played a spoiled rich kid who wanted a machine gun for Christmas and took a ghoulish delight in sending her dolls to the hospital. She was the antidote to the movie’s star, Shirley Temple, the always cheerful, always obedient, always smiling orphan.The titles of some of the films in which Ms. Withers starred said it all: “The Holy Terror” (1937), “Wild and Woolly” (1937), “Rascals” (1938), “Always in Trouble” (1938) and “The Arizona Wildcat” (1939).At the end of most of her movies, “just to satisfy everybody, I get a good spanking,” Ms. Withers told Norman Zierold, the author of “The Child Stars” (1965). “The minute they slapped me in ‘Bright Eyes,’ everybody just yelled and waved, they were so happy. Well, I don’t mind. I had my fun.”As an adult, Ms. Withers played Vashti Snythe, the neighbor of Elizabeth Taylor and Rock Hudson who delighted in spending her oil money in “Giant” (1956); appeared in several TV series; and voiced the gargoyle Laverne in the animated “Hunchback of Notre Dame II” (2002), a role she first took on after the death of Mary Wickes in 1995.But her most memorable and long-lasting role was as Josephine the Plumber, in a white cap and overalls, in the 1960s and ’70s. Nearly 40 years later, she was still being recognized for that character.“I can be at a market and I’ll be talking to somebody there about a can of peas and all of a sudden they’ll say, ‘I knew that was you! I recognized your voice right away,’” Ms. Withers told The Long Beach Press-Telegram in 2007.Ms. Withers and Richard Clayton in “A Very Young Lady” in 1941.LMPC, via Getty ImagesMost of her films were made at Fox’s small studio in Hollywood. Shirley Temple’s mother, Gertrude, who was said to be choosy about who was allowed to play with her daughter, had Ms. Withers banished from the studio’s grand Westwood lot, according to another former child star, Dickie Moore. In his memoir, “Twinkle, Twinkle Little Star,” Mr. Moore wrote that Gertrude Temple was so protective of Shirley that Jane was not even allowed to say hello to her when the children performed together in “Bright Eyes.”Although her Hollywood success did not survive adolescence, Ms. Withers was the rare child actor who entered adulthood prepared for the real world — and with money in the bank. Her parents “taught Jane bookkeeping at age seven,” Mr. Moore wrote, in contrast to almost all the other parents, who refused to allow their meal tickets to grow up and, in most cases, squandered their money. It was a point of pride for her father, a Goodrich executive, that his salary paid the family’s expenses.Jane Withers was born in Atlanta on April 12, 1926, to Walter and Lavinia Withers. Her mother, a movie fan, picked Jane as a name because she thought it would look good on a marquee. By the age of 4, the pudgy child with the Buster Brown haircut was singing, dancing and imitating Greta Garbo; billed as “Dixie’s Dainty Dewdrop,” she had her own local radio program.When Jane was 6, the family moved to Hollywood. After two years of department store modeling and bit parts, she was cast as Joy Smythe in “Bright Eyes.”Like Ms. Temple, Ms. Withers played an orphan in most of her films. In “Paddy O’ Day” (1935), her rescuer was Rita Cansino — soon to be renamed Rita Hayworth — in her first leading role. In “45 Fathers” (1937), she was adopted by a group of old men.By 1937, Ms. Withers was in sixth place on theater owners’ list of the Top 10 box office stars, despite the fact that she performed only in B movies. And sales of Jane Withers paper dolls, hair bows, socks and mystery novels similar to the Nancy Drew series earned her more money than her movies.Stardom also brought Ms. Withers thousands of dolls and teddy bears, most of them sent by fans. Those fans included President Franklin D. Roosevelt, who had his wife, Eleanor, hand deliver a teddy bear.Jane Withers in 1935. At the end of most of her movies, she once said, “just to satisfy everybody, I get a good spanking.”Film Publicity Archive/United Archives, via Getty ImagesAs she entered her teenage years, Ms. Withers wrote a story for herself, under the pseudonym Jerrie Walters. It was made into the movie “Small Town Deb” (1942). As her contract with Fox ended, she starred as a peasant girl in Samuel Goldwyn’s “The North Star” (1943).Ms. Withers married a Texas oilman, William Moss Jr., in 1947. They had three children and divorced in 1955, leaving Ms. Withers with several oil wells. That same year she married Kenneth Errair, who had been a member of the singing group the Four Freshmen. He was killed in a plane crash in 1968. (Information on her survivors was not immediately available.)In August 2004, Ms. Withers auctioned several hundred dolls, many of them likenesses of film and radio stars and characters of the 1930s, including Sonja Henie, the Lone Ranger and Snow White.Ms. Withers may never have surpassed Ms. Temple’s popularity on the screen. But in the 2004 sale, a Shirley Temple doll dressed in her “Little Colonel” costume sold for $3,100; a Jane Withers doll sold for $5,600. More

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    Ron Popeil, Inventor and Ubiquitous Infomercial Pitchman, Dies at 86

    Mr. Popeil became a well-known presence on TV, hawking products that people didn’t know they needed, including the Veg-O-Matic and the Inside-the-Shell Egg Scrambler.Ron Popeil, a made-for-TV inventor and salesman whose infomercial stardom persuaded millions of Americans to buy the Veg-O-Matic, Pocket Fisherman and dozens of other products they had no idea they needed, died on Wednesday at a hospital in Los Angeles. He was 86.The cause was a brain hemorrhage, his sister Lisa Popeil said.Mr. Popeil’s mastery of television marketing, dating to the 1950s but spanning several decades, made him nearly as recognizable onscreen as the TV and movie stars of his era. Several of his catchphrases — especially “But wait! There’s more” and “set it and forget it” — have endured beyond his retirement.And many American homes still have, or once had, the products he hawked, some schlocky gizmos that were quickly discarded and others long-running fixtures: the Showtime Rotisserie & BBQ, the Ronco Electric Food Dehydrator, Popeil’s Pasta & Sausage Maker, Mr. Microphone, the Bagel Cutter and the Inside-the-Shell Egg Scrambler, among them.The products chopped, charred, shined, sharpened, cleaned, massaged, folded a fishing rod into a pocket and covered bald spots with a spray can. He sold them all without shouting, a folksy, calming presence that made half-hour infomercials their own form of entertainment as he demonstrated the product and set up testimonials from the audience.“Ron literally invented the business of direct-response TV sales,” Steve Bryant, a one-time QVC host, said in 1994. “Ron paints in very definable brushstrokes, and every doubt in the customer’s mind is wiped away.”Mr. Popeil (pronounced poh-PEEL) was born in New York on May 3, 1935. His parents divorced when he was young and he lived with grandparents in Chicago. He said he missed out on having a true childhood; “I never had a birthday party,” he once said.His father, Samuel Popeil, was the inventor of the Chop-O-Matic and several other well-known items, and as a teenager Ron began selling his father’s inventions at a Walgreen’s store in Chicago.He described his relationship with his father, who died in 1984, as all business. In 1974, Samuel’s second wife, Eloise, was convicted of attempting to hire two men to murder him. After serving 19 months of her sentence, the couple later remarried.After getting his start selling his father’s products, Mr. Popeil created his own company, Ronco, which he sold in 2005 for about $56 million. The company’s sales dropped 35 percent in the year that followed, and the company went bankrupt within two years before being revived in 2008.“The Popeil-Ronco story goes back to the old pitch traditions of when somebody used to stand up at a county fair or on a boardwalk and, through nuances of word, voice, gestures, could get somebody to stop in their tracks and buy something they would never consider buying,” Tim Samuelson, author of “But Wait! There’s More!,” a book about the Popeil family, said in 2008.After the company’s creditors forced it to be liquidated in 1984, Mr. Popeil bought its trademarks and inventory back for about $2 million. A few years later, he spent $33,000 to make a one-hour infomercial for a food dehydrator, and nearly $60 million over the years to broadcast it on local stations and cable channels. It resulted in more than $90 million in sales, he said.His ubiquitous placement on stations across the country helped make him a household figure. His gadgets were lampooned by Dan Aykroyd on “Saturday Night Live” and in a Weird Al Yankovic song called “Mr. Popeil.”“I’ve gone by many titles: King of Hair, King of Pasta, King of Dehydration, or to use a more colloquial phrase, a pitchman or a hawker,” Mr. Popeil said in 1995. “I don’t like those phrases, but I am what I am. Pick a product, any product on your desk. Introduce the product. Tell all the problems relating to the product. Tell how the product solves all those problems. Tell the customer where he or she can buy it and how much it costs. Do this in one minute. Try it. You know what it sounds like? It comes out like this: Brrrrrrrrrrr.”In addition to his sister Lisa, Mr. Popeil is survived by his wife, Robin; daughters Kathryn Gantman, Lauren Popeil, Contessa Popeil and Valentina Popeil; another sister, Pamela Popeil; and four grandchildren. Alex Traub contributed reporting. More

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    Skipping the Olympics Is ‘Not an Option’ for Many Advertisers

    Companies have spent more than $1 billion on ads timed to the Tokyo Games, which will take place in empty arenas as the pandemic lingers.The Olympics have long been an almost ideal forum for companies looking to promote themselves, with plenty of opportunities for brands to nestle ads among the pageantry and feel-good stories about athletes overcoming adversity — all for less than the price of a Super Bowl commercial.But now, as roughly 11,000 competitors from more than 200 countries convene in Tokyo as the coronavirus pandemic lingers, Olympic advertisers are feeling anxious about the more than $1 billion they have spent to run ads on NBC and its Peacock streaming platform.Calls to cancel the more than $15.4 billion extravaganza have intensified as more athletes test positive for Covid-19. The event is also deeply unpopular with Japanese citizens and many public health experts, who fear a superspreader event. And there will be no spectators in the stands.“The Olympics are already damaged goods,” said Jules Boykoff, a former Olympic soccer player and an expert in sports politics at Pacific University. “If this situation in Japan goes south fast, then we could see some whipsaw changes in the way that deals are cut and the willingness of multinational companies to get involved.”Panasonic, a top sponsor, will not send its chief executive to the opening ceremony, which is scheduled for Friday. Neither will Toyota, one of Japan’s most influential companies, which also delivered a blow to the Games on Monday when it said it had abandoned its plans to run Olympics-themed television commercials in Japan.In the United States, marketing plans are mostly moving ahead.For NBCUniversal, which has paid billions of dollars for the exclusive rights to broadcast the Olympics in the United States through 2032, the event is a crucial source of revenue. There are more than 140 sponsors for NBC’s coverage on television, on its year-old streaming platform Peacock and online, an increase over the 100 that signed on for the 2016 Summer Games in Rio de Janeiro.“Not being there with an audience of this size and scale for some of our blue-chip advertisers is not an option,” said Jeremy Carey, the managing director of the sports marketing agency Optimum Sports.A United Airlines commercial featuring the Olympic gymnast Simone Biles will appear on Peacock.United AirlinesIn a Michelob Ultra commercial, the sprinting star Usain Bolt points joggers toward a bar. Procter & Gamble’s campaign highlights good deeds by athletes and their parents. Sue Bird, a basketball star, promotes the fitness equipment maker Tonal in a spot debuting Friday. Chris Brandt, the chief marketing officer of Chipotle, said that the situation was “not ideal,” but that the company still planned to run a campaign featuring profiles of Olympic athletes.“We do think people will continue to tune in, even without fans, as they did for all kinds of other sports,” Mr. Brandt said. “It’s going to be a diminishing factor in terms of the excitement, but we also hope that the Olympics are a bit of a unifier at a time when the country can seem to be so divided every day.”NBCUniversal said it had exceeded the $1.2 billion in U.S. ad revenue it garnered for the 2016 Games in Rio and had sold all of its advertising slots for Friday’s opening ceremony, adding that it was still offering space during the rest of the Games. Buyers estimate that the price for a 30-second prime-time commercial exceeds $1 million.Television has attracted the bulk of the ad spending, but the amount brought in by digital and streaming ads is on the rise, according to Kantar. Several forecasts predict that TV ratings for the Olympics will lag the Games in Rio and London, while the streaming audience will grow sharply.NBCUniversal said that during the so-called upfront negotiation sessions this year, when ad buyers reserve spots with media companies, Peacock had received $500 million in commitments for the coming year.“You won’t find a single legacy media company out there that is not pushing their streaming capabilities for their biggest events,” Mr. Carey, the Optimum Sports executive, said. “That’s the future of where this business is going.”United Airlines, a sponsor of Team U.S.A., scrapped its original ad campaign, one that promoted flights from the United States to Tokyo. Its new effort, featuring the gymnast Simon Biles and the surfer Kolohe Andino, encourages a broader return to air travel.“It didn’t make much sense to focus on a specific destination that Americans might not be able to travel to,” said Maggie Schmerin, the airline’s managing director of advertising and social media..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}United’s campaign will appear in airports, on social media and on streaming platforms, including Peacock, but not on TV. Ms. Schmerin said the airline wanted to be “matching customers where they are, based on their viewing habits.”Ad agency executives said companies were regularly checking in for updates on the Covid outbreak in Japan and might fine-tune their marketing messages accordingly.“Everyone is a little bit cautious,” said David Droga, the founder of the Droga5 ad agency, which worked on an Olympics campaign for Facebook showcasing skateboarders. “People are quite fragile at the moment. Advertisers don’t want to be too saccharine or too clever but are trying to find that right tone.”Many companies advertising during the Games are running campaigns that they had to redesign from scratch after the Olympics were postponed last year.“We planned it twice,” said Mr. Carey of Optimum Sports. “Think about how much the world has changed in that one year, and think about how much each of our brands have changed what they want to be out there saying or doing or sponsoring. So we crumpled it up, and we started over again.”Visa, a sponsor, will not hold promotional gatherings and client meetings in Tokyo and will not send any senior executives, said Lynne Biggar, the company’s global chief marketing officer. The company’s commercial during the opening ceremony broadcast starts with a soccer game before showing Visa being used in transactions around the world.Visa scrapped plans for in-person Olympics events in Tokyo, but is debuting a commercial during the opening ceremony broadcast.VISANBCUniversal’s sports calendar also includes the Super Bowl in February, for which 85 percent of ad slots are already sold or are in discussions, the company said. Also on the lineup: the FIFA World Cup in Qatar in late 2022 and the Beijing Winter Olympics in February, both of which have put the advertising industry in a difficult position because of China’s and Qatar’s poor records on human rights.First, though, ad executives just want the Tokyo Games to proceed without incident.“We’ve been dealing with these Covid updates every day since last March,” said Kevin Collins, an executive at the ad-buying and media intelligence firm Magna. “I’m looking forward to them starting.” More

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    Cryptocurrency Seeks the Spotlight, With Spike Lee’s Help

    The filmmaker’s commercial for a crypto company is one of many recent marketing efforts to make digital cash palatable for newbies.Before Spike Lee accepted cryptocurrency, he turned down Crocs.Years ago, the filmmaker rejected an offer to buy into the Colorado company that makes perforated foam clogs, a decision that caused him to miss out when its stock soared on the strength of the footwear fad.“I wish I would’ve given some money back then,” Mr. Lee said in a recent interview. “Anytime something is new, you’re going to have people who are going to be skeptical. With some of the best ideas, people thought the inventors were crazy.”Now he has taken a leap into another cultural craze, having agreed to direct and star in a television commercial for Coin Cloud, a company that makes kiosks for buying and selling Bitcoin and other virtual currencies. Although cryptocurrency is not widely used for transactions, an increasing number of merchants now accept it as payment.The commercial, which he shot last month, is one of several recent marketing efforts meant to broaden the audience for a form of currency that can intimidate people accustomed to cash and credit cards.Mr. Lee, outfitted nattily in a straw hat and gold-tipped cane while filming part of the commercial on Wall Street, led a diverse cast that included his daughter Satchel, the “Pose” actress Mj Rodriguez and the drag queen Shangela. Other shoot locations included Fort Greene Park and the Chillin’ Bar and Grill in Washington Heights, where breakfast patrons craned to catch a glimpse of the director as he filmed a Coin Cloud machine on the sidewalk.“Old money is not going to pick us up; it pushes us down,” Mr. Lee says in the commercial, which portrays the cryptocurrency system as a more accessible and equitable alternative to traditional, discriminatory financial institutions.“The digital rebellion is here,” he says.Cryptocurrency has also been known to intimidate investors, with its extreme volatility and the overwhelming number of virtual alternatives, known as coins. The marketing of this relatively new money has so far been limited mostly to ads on trade websites and targeted pushes on social media, where aficionados swap meme-fueled in-jokes about coin values rocketing to the moon.The industry is increasingly betting that celebrities can help demystify cryptocurrency for the uninitiated.The actor Alec Baldwin offered crisp definitions of cryptocurrency in a series of online ads for the crypto trading platform eToro, and the National Football League star Tom Brady signed on as a brand ambassador for FTX, a crypto exchange that also has a deal to sponsor Major League Baseball.Alec Baldwin is advertising for the cryptocurrency trading platform eToro.eToroThe actor Neil Patrick Harris recently appeared in a TV commercial for the digital currency kiosk operator CoinFlip. “Now anyone, anywhere, can turn cash into crypto!” he declares.EToro and Coinbase, another exchange, collectively spent $22.8 million on advertising last year, nearly double the $12.4 million they shelled out in 2019, according to the research firm Kantar. In recent months, Coinbase hired the Martin Agency, the advertising company behind GEICO and DoorDash.As Madison Avenue fields more inquiries from cryptocurrency clients, agency executives are feeling pressure to better communicate the investment risks, rather than romanticize the industry.“I get very nervous because I start looking at the way that some of the platforms are specifically targeting younger investors,” said Alex Hesz, the chief strategy officer of the advertising giant DDB Worldwide. In the face of frenzied cryptocurrency trading, ad agencies should push for moderation and diversification, he said. “Maximizing is what’s being encouraged here — the idea that this is an amazing asset, and as much as you want to put in, come on and jump on in, the Bitcoin’s lovely,” Mr. Hesz said. “We would never feel comfortable for an alcohol client, or a high-salt or high-sugar or high-fat client, to encourage that level of unequivocal behavior.”Some celebrity endorsements of cryptocurrencies have run into trouble. In 2017, the Securities and Exchange Commission cautioned that some famous people were hyping the virtual currency sales known as initial coin offerings without disclosing that they had been paid to promote them. The commission has since settled charges against the boxer Floyd Mayweather Jr., the music producer DJ Khaled and the actor Steven Seagal.Social media influencers and e-sports stars have also been linked to shady cryptocurrency schemes, accused of pumping up coins just before their value crashes.Coin Cloud’s chief marketing officer, Amondo Redmond, said he hoped Mr. Lee’s stature would help elevate the industry by delivering something “more than just cool creative, but that is really at the forefront of digital currency becoming mainstream.”“It’s more than just adding a celebrity face,” he said.Mr. Lee, who won an Oscar in 2019 in the best adapted screenplay category for “BlacKkKlansman,” has worked on ads for Capital One, Uber and, most famously, Nike. In the 1980s and 1990s, he directed and starred in commercials for Air Jordans, playing his cinematic alter ego Mars Blackmon opposite Michael Jordan.“That was lightning in a bottle,” Mr. Lee said from a flight bound for the Cannes Film Festival, where he is the first Black person to lead the festival jury.He declined to say how much he had been paid for the Coin Cloud commercial, but noted that “if anyone’s known my body of work over the last four decades, you kind of know about the way I see the world, and when they approached me, it fit in line.”As the coronavirus pandemic continues to highlight financial disadvantages for people of color, Mr. Lee hopes to promote cryptocurrency as neutral to race, gender, age and other identifying characteristics.But he was no expert before filming began, and had to take “a crash course” on crypto. He insisted that the commercial include a line urging viewers to do their own research on virtual money.Mr. Lee said he now planned to invest in virtual coins. He said he would not, however, go anywhere near the digital ownership certificates known as nonfungible tokens.“NFTs, I don’t understand that,” he said, laughing. “I’m old school, so sometimes my children have to turn on the TV — all those remotes and stuff.” More