We are the producers of the internationally renowned stage musical “Les Misérables”.
A German theatre production company has created a new musical based on the same novel and entitled “Barricade”. See here for details: http://deutsche-musical-company.jimdo.com/
We have no reason to think that “Barricade” itself infringes any rights in our show. However, various theatres and concert halls in German speaking territory, including the Wiener Stadthalle (www.wien-ticket.at), are promoting the show under the title “Les Misérables”, using artwork that infringes the artwork for the 2012 film based on the show by Universal Studios, accompanied by text which implies that the show is either our show, or somehow endorsed by us:
• Reference to the production as “Les Misérables” rather than “Barricade”, together with one or more of the following.
• Reference to the production as “Les Misérables – Das Musical nach dem Roman-Welterfolg” gives the immediate impression that this is our show rather than an alternative production.
• Reference to “Über 70 Millionen Zuschauer in 42 Ländern zählte die Original-Broadway-Produktion des Musicals ‘Les Misérables’" reinforces that impression. “Barricade”has not had 70 million viewers, nor has it been on Broadway ( – so there is no excuse for these references.
• Reference to the 2012 film’s cast members again implies that the new show is, or is based on, our show and/or the film.
• Use of the manipulated photographic image of a child’s face portraying Cosette further implies a link with the film and/or the show given the similarities with both our trade mark and Universal’s 2012 film artwork. On the basis that the "Barricade" website clearly implies that the new show focuses on the relationship between Marius and the adult Cosette, there seems to be no good reason for this other than to imply a connection with our production and/or the 2012 film.
Furthermore, the photographic image of Cosette constitutes an infringement of Universal’s copyright in the photograph used in its publicity material for the 2012 film. The hair that is superimposed over the child’s face is copied directly from Universal’s image.
We are firmly of the opinion that the marketing of “Barricade” is deliberately misleading and we have evidence from members of the German public who have contacted us to say that they have purchased tickets in the erroneous belief that they were for our show.
Die eingebrachte Beschwerde fällt nicht in den Kompetenzbereich des Österreichischen Werberates. Der/die Beschwerdeführer/in wurde davon in Kenntnis gesetzt. Der Beschwerdefall ist hiermit abgeschlossen.
The complaint is out of remit of the Austrian Advertising Council. The complainant received this information.