Lugs Sends Cease-and-Desist Letter to Apple Over Spot

new york Lugz footwear said last Friday that it sent a cease-and-desist letter to Apple and its agency, Omnicom’s TBWA\Chiat\Day, over similarities between a 2002 commercial, “Arrow,” that the company aired and a commercial launched earlier this month from Apple for the iPod and iTunes, called “Detroit,” which starred Eminem. The letter hopes to stop airing of the Apple ad. Both feature urban images on a red, yellow and orange background, black silhouettes and a hip-hop soundtrack. The Lugz ad was made by the client’s former agency, IPG’s Avrett Free Ginsberg. Larry Schwartz, evp, described the letter “as a precursor to legal action.” Apple couldn’t be reached for comment, and TBWA declined comment.

BMW Narrows $70-80 Mil. Review to GSD&M, KB+P

NEW YORK BMW will decide this week between two shops vying for its $70-80 million ad account. MDC’s Kirshenbaum Bond + Partners in New York and Omincom’s GSD&M in Austin, Texas, still stand after a cut Friday evening eliminated New York independent Anomaly and IPG’s The Martin Agency in Richmond, Va., the Woodcliff Lake, N.J., client confirmed in a statement. All four shops made their final pitches last week, sources said. Each agency had about two and a half hours to complete their pitches in front of nearly 20 client executives, including dealers, corporate and brand executives and U.S. chairman and CEO Tom Purves, sources said. Neither the agencies nor the consultant returned calls.

Shareholders Advised to Vote Against 3 IPG Directors, PWC

NEW YORK Institutional investor advisor Glass, Lewis & Co. last week recommended that IPG shareholders not re-elect longtime directors Reginald Brack, Jill Considine and Frank Borelli at IPG’s long-awaited annual meeting next week. Also, Glass Lewis said shareholders should vote against the re-hiring of longtime outside accountant PricewaterhouseCoopers. Lewis said the directors, each of whom have served on the board’s audit commitee since 1998, and PWC failed to notice the lingering accounting problems unearthed in 2002 and continuing this year. Two other investor advisors, Institutional Shareholder Services and Proxy Governance, support the reelection of the directors and the reappointment of PWC.

Office Depot Resumes $85 Mil. Review After Hurricanes

NEW YORK Final presentations for Office Depot’s $85 million account took place last week after two weeks of delays due to hurricanes that knocked out power at the Delray Beach, Fla., client’s offices, sources said. Execs heard pitches from Publicis’ The Kaplan Thaler Group, New York, on Monday, and its sibling Leo Burnett, Chicago, and IPG’s The Martin Agency, Richmond, Va., on Tuesday. Sources said work from each shop will go into test before a decision is made in December. The incumbent, Omnicom’s BBDO in New York, is not defending.

Lee Jeans Will Narrow to 3-4 Finalists for $30 Mil. Account

CHICAGO Lee Jeans is expected to cut to three to four finalists this week in the review of its $30 million account. Execs from the Kansas City, Mo., company visited nine semifinalists last week: Omnicom’s DDB in New York; IPG’s Lowe in New York and Carmichael Lynch in Minneapolis; MDC-backed Kirshenbaum Bond + Partners in New York and Colle + McVoy in Minneapolis; Havas’ McKinney + Silver in Durham, N.C.; independent Cramer-Krasselt in Chicago; and two unidentified agencies, sources said. Agencies declined comment or referred calls to the client. The incumbent, Publicis’ Fallon in Minneapolis, did not defend.

JetBlue Set to Pick Among 5 Agencies in $25 Mil. Review

NEW YORK JetBlue this week is expected to select an agency for its $25 million account, after the conclusion of final pitches last week, sources said. Five New York shops are competing for creative and media duties. Independent mcgarrybowen went first, on Oct. 28, followed by WPP’s JWT and independent Taxi last Wednesday, and independents Amalgamated and The Ad Store on Thursday. The agencies declined comment. Ad Store is the creative incumbent; the media incumbent, independent Wieden + Kennedy in New York, did not defend.