JC Penny, wake up !! ... you are the problem - not your marketers. I think the commercial is fantastic.
It's a shame they made it for such a staid company like JC Penny.
If a client wants to 'sue' their vendor then the client needs to take responsibility for vendor selection as JC Penny obviously made the wrong choice in partners.
Pesonally I think the reason why JC Penny is finding fault with this advertisement is exactly whats wrong with the JC Penny brand - old foggeys who dont have a clue.
Listen to your marketing consultants....this is exactly what the brand needs.
P.S. check out some of the copycat videos - if this isn't dialog with your target audience I dont know what is http://www.youtube.com/watch?v=2BhexxqG_aw