Update 5-5-2007 — Wow, I couldn’t have said this better myself…HD-DVD Rebillion — End Update
How frustrating…big companies and trade organizations are having so much trouble understanding the new marketing paradigm that the Internet has developed. In my opinion, they need to request that their law firms show some restraint before sending out these crazy cease and desist letters to small businesses who ride the wave of something popular.
Case and point, Apple – Apple Attack Dogs. This just doesn’t make sense to me…why would you do this if you have such a religious following of customers? Why not twist this to your advantage and make it into a positive and profitable event that could potentially expand into a national pastime.
Apple makes money off of both IPods and ITunes. Why not send a marketing representative to one of these shindigs and give away 4-5 Ipod Nanos essentially multiplying your users and in the long run, increased ITunes purchases? We’ve all heard about “compounding interest,” but have you ever considered “compounding customers?” Duh!
Embracing this customer’s enthusiasm could establish these parties as cool, fun, and viral Meccas of opportunity to win something useful. Not to mention the great potential a positive press release covering this trend would generate. Done right, these parties could potentially cause a new sensation of IPod product worship across the country. That kind of trend would be a thousand times more effective and a thousand times cheaper than a one shot Super Bowl commercial.
If you were to ask me this is just plain irresponsible – the marketing team has an incredible opportunity here and the lawyers are setting the stage for a barrage of bad press throughout the blogesphere. Do you know who reads blogs the most? Journalists do, especially those writers for local and national newspapers, magazines, radio, and news television…so keep that in the back of your head before you offend a customer/citizen advocate who may write a popular blog. You never know how much influence they have to infect others with negative views about your business, products, service, or brand!
Just remember, with search engines running the show, it takes a long time for the Internet to forget bad press…
So what are the morals of this story?
When something looks like it may be a trademark infringement because someone else is using your marketing idea or brand to push an event, I suggest that your law firm show some restraint and contact the marketing departments of the company they represent. If the marketing arm cannot find a positive way to spin something or work out a co-marketing opportunity, then send your letter.
I would be more apt to keep (and pay more to) my attorney if he/she helped me make a ton more money. Rather than have me spend money on initiating low priority lawsuits each year so that they can appear they are using their monthly stipend wisely.
If you want to learn more about customer evangelism – buy the following book; I guarantee that it will help open your eyes to monetary opportunities that were not available to you in the past no matter how big or small you are…
Citizen Marketers – by Ben McConnell and Jackie Huba