Conan’s statement that he won’t do the Tonight Show at 12:05 has shaken things up at NBC.
The Peacock’s stance is that they won’t be slugging it out legally because it’s just too much of a headache for everyone. However, after seeing the huge difference in opinion over what The Tonight show actually is, I don’t see it playing out all that nicely. It will either go to court or end with NBC paying out Conan’s full termination fee (or, alternatively, Jay being the odd man out).
Here’s what it boils down to:
Conan: The Tonight Show is defined by its heritage. It must start at 11:30, or it’s effectively not the Tonight Show.
NBC: The Tonight Show is whatever show we air and call “The Tonight Show”
Conan’s contract doesn’t say anything about air time, so NBC feels fairly secure in changing it without any consequences. Conan’s rebuttal isn’t just rosy sentiment; it’s the basis for a compelling brand argument. One that might even hold up in court (For 50 million dollars, wouldn’t you try?).
Is The Tonight Show a culmination of decades of brand-building? Or is it whatever NBC says it is? It’s one of the oldest arguments in branding, and we just might get a chance to see it play out in a high-profile court case.
