Fox Nation Buys Ad Time on ABC Stations for Chris Harrison Show

Fox Nation plans to run promos for Chris Harrison's new dating series "The Vow" on local ad inventory at ABC stations in roughly a dozen markets, including New York, Los Angeles, Chicago and Dallas, according to a person familiar with the matter. The move lands even though Warner Bros. Television sent Fox News Media a cease-and-desist letter demanding it stop making visual and creative references to "The Bachelor."

The promos could surface during ABC primetime staples such as "Grey's Anatomy." Fox News declined to make executives available for comment. "The Bachelor" has anchored the ABC schedule for about three decades, and Harrison hosted it for 25 seasons.

"I believe in true love," Harrison says in the promo. "Always have." The vignette closes with rose petals — a signature element of "The Bachelor" — on screen, plus graphics announcing the show's debut on November 11 on Fox Nation.

What does the cease-and-desist actually say?

In a September 18 letter reviewed by Variety, WBTV claimed the recent promos amounted to "a plain attempt to capitalize on and 'ride on the coattails' of WB's instantly recognizable intellectual property and the Franchise's goodwill in violation of, inter alia, state and federal trademark, copyright, and unfair competition laws."

The letter was careful about scope. "Without having seen the Series itself, we cannot comment on it and reserve all rights in connection therewith," WBTV wrote. "To be clear, though, we have no objection to Fox and Lionsgate releasing a dating show hosted by Chris Harrison in and of itself. But thus far, Fox and Lionsgate have promoted the Series entirely on the back of the Franchise, not on its own merits."

Fox Nation answered on September 24, calling the letter an attempt at restraint, not protection. "Your letter appears designed not to vindicate legitimate copyright and trademark interests, but to restrict FOX Nation and Chris Harrison from promoting a competing dating show," the company said. "It is unfortunate that Warner Bros. is targeting Mr. Harrison in this malicious and vindictive manner."

A tried-and-true ad maneuver

Buying local inventory on stations is a long-standing route around networks that would never sell national time to a rival's promo. Rivals have used it repeatedly:

• In 2014, the CW ran ads on the network then known as ABC Family urging viewers to stop watching "Pretty Little Liars" and switch to "The Originals."
• In 2004, TNT bought spots during NBC's "E.R." to promote "Without a Trace," which aired opposite it on CBS. The narrator told viewers: "If you've been watching 'E.R.' on Thursday nights," they had missed the drama critics call "Gripping. Stylish. Addictive." Top NBC executives barely knew the spots were running on affiliates and even some owned stations. The plan was orchestrated in part by Steve Koonin, then executive vice president and chief operating officer of TNT and TBS. Once The Wall Street Journal called, NBC pulled the promos from its owned stations — after roughly four weeks on air.
• In 2009, ABC bought inventory from cable distributors, which typically get about two minutes per hour to sell, on cable-news outlets including CNN and MSNBC. Between 6 a.m. and 9 a.m., while "Good Morning America" aired, the spots pushed the team of Diane Sawyer, Robin Roberts, Chris Cuomo and Sam Champion. Alan Ives, executive creative director and executive producer at ABC News, executed the plan.
• Advertisers have done it too. Anheuser-Busch InBev once paid to be the Super Bowl's only malt-liquor sponsor. In 2009, MillerCoors ran one-second Miller High Life ads on local stations; in 2003, Diageo bought local spots for Smirnoff Ice.

What does this change for Warner Bros.? Its legal letter has so far not stopped the buy. If the promos air as planned on ABC's own stations, WBTV's next move — further legal action or a negotiated pullback — will show whether trademark claims can keep pace with local ad sales.