May 2002 - Posts

• What every marketer should know about IP

  May 23 2002

  Behind great products, services and marketing campaigns are valuable ideas -- intellectual property (IP) -- which represent a company's core assets such as product names, marketing positioning, sales promotions, press releases, etc. Intellectual Property -- the property of ideas, their expressions, and embodiments -- encompasses five main areas of law and business, and each one offers a unique and original standard of legal protection that should be practiced to protect these valuable assets. Trade Secrets/Proprietary Information -- Any unpublished commercial ideas should be kept secret or confidential, protected by locked file drawers and confidentiality agreements until they are legally published, e.g. all unpublished client pitches, storyboards, marketing plans, execution strategies. Copyright -- This represents the written, sound, and visual expression as well as the sculptural embodiment of literary, artistic, and computer expressions such as software programs. Advertising print ads, commercials, and jingles are prime copyrighted marketing assets. Patent -- Marketing methods embodied in a software program can be registered as either provisional or regular patent application subject to review and acceptance by the Patent Office. Priceline.com is a prime example of software patenting. Trademarks -- These logos, symbols, and name-marks are the prime assets for product and service brands and packaging. Advertising slogans, product packaging, brand names, trade dress, interior office designs, and now publicity rights are prime trademarked assets. Contract Created IP Rights -- Freedom of contract often means you can be creative in how you build and create your Intellectual Property by legislating its use and development among your partners, licensors, vendors, employees, and independent contractors.   no comments

• How to deal with the press in a crisis

  May 05 2002

  Tylenol, Jack in the Box, NBC and other companies have learned the value of crisis communications. Because no one knows what the future will bring -- even with the best management team on board -- a crisis plan customized for each company is essential. Ideally, your company should have in place a crisis plan that has been explained to all employees. There is no point in having a crisis plan if no one knows how to implement it. When a crisis arises, the crisis team meets to determine the company's strategy and position. The spokesman should then adhere to the following principles: Remember to address an issue right away and, above all, be straightforward and honest. If the reporter calls before you have a statement prepared, tell them when you will have a statement ready (and be sure to follow through). Don't speculate or guess at an answer. Release only confirmed information. In fact, say, "I can't speculate," when reporters prompt you to speculate just a little. Never comment off the record. Defensiveness is to reporters what blood is to sharks. Have an agenda with things to say and don't project a defensive posture. Don't be led into saying more than you intend to say (a favorite media trick is to pause for several moments after you answer a question. Because most people feel awkward with silence, they feel they need to say something else -- typically something they didn't intend to say). Don't answer a question you don't understand - repeat it in your own words. Don't lose your temper with an abrasive questioner. Treat attackers as sincere, but misinformed. Don't try to be funny or sarcastic in a grave situation. Try to demonstrate concern. "No comment" often makes you look guilty. It's better to say you don't know the answer. When they ask a negative question, first acknowledge the question, then use it to discuss a positive, yet related, aspect of the company -- i.e., its response to the crisis. One final thought. Try to understand and address the reporter's needs: the need for access, insight, background, interesting angles and the sexiest story they can get their hands on. Building relationships with the media ahead of time helps in a time of crisis.   no comments

• A tip on a tricky email subject that may save you a customer

  May 05 2002

  Email list owners typically do not release their lists. To retain control of the list, the list owner sends out the creative you submit. There is an indicator on the email saying the list owner is sending this email. So if a consumer unsubscribes to an email, they are unsubscribing to that list owner's email, not yours. It's possible that a person who has unsubscribed to a rented opt-in list (an email sent on your behalf) is on your house list. You send them an email, and they say, "Wait a minute, I unsubscribed!" Our IndyMac Bank client broke new ground in this area by convincing a list owner to provide their unsubscribes from an IndyMac Bank email campaign for inclusion in the IndyMac Bank unsubscribe list. Once IndyMac Bank signed an agreement that the names would be used for no other purposes, we were able to get most other list owners to follow suit with the help of the broker, 24/7 Real Media. Way to go, IndyMac Bank! Customers deserve to have their wishes respected. no comments