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Marketing Maestros

Patent Troll Liability in Client/ Agency Contracts

By Bill Duggan, Group EVP, ANA
Posted: Dec 1, 2014 11:00am ET

ANA has just released the white paper, "Patent Troll Liability in Client/Agency Contracts."

Patent assertion entities (PAEs), sometimes referred to as patent trolls, are firms which have the sole business of buying up patents and then filing patent infringement claims against targeted companies, costing those compa­nies millions of dollars in fees in order to avoid paying even more to defend themselves in court. In the adver­tising space, patent trolls have been increasingly in the news. In order to more clearly understand how marketers currently handle the risks associated with patent infringement in their agency contracts, ANA members were surveyed. This survey, along with ongoing dialogue that the ANA has had with members, has helped provide the foundation for the following ANA recommendation:

The ANA recommends that clients generally not indemnify agencies for patent claims. Rather, agencies should assume the liability for their work product, including liability for patent infringement. Accordingly, client/agency contracts should include “indemnity clauses” which require that the agency step in and defend the client in the event of a patent infringement claim. It is recognized, however, that shared approaches to liability are gaining traction in the marketplace. ANA members are encouraged to consider whether a shared approach to liability makes sense in any of their agency relationships.

Plain and simple, agencies need to be thoughtful in what they pitch to clients and accountable for the work they create. Agencies cannot recommend ideas to clients and then put the client in the position of researching that such work does not infringe on patents. Agencies, in most cases, should have that responsibility.

The ANA survey results provide a clear benchmark for the industry. Currently, agencies are most likely to assume the risks associated with patent infringement. Close to half the respondents note that some of their contracts with agencies have a shared approach to liability. Among those respondents who changed the terms of agency contracts in the past year to address patent troll liability, the most cited reason for doing do was to share liability. Among those considering a change in the next year, shared liability is a key consideration. It is recognized that there are limited circumstances where a shared approach to liability makes sense.

ANA members would be well served to understand the threats of patent trolls and make sure that contracts with agencies are up to date. 

Challenges from a Multicultural Marketing Leader

By Bill Duggan, Group EVP, ANA
Posted: Nov 24, 2014 11:00am ET
Lizette Williams was a presenter at the 2014 Multicultural Marketing & Diversity Conference

Lizette Williams is one of the dynamic new leaders in our industry. She is currently Multicultural Marketing Leader, North America at Kimberly-Clark Corporation leading the organization’s multicultural marketing strategy across all brands. As part of her role, Lizette is charged with implementing a total market strategy throughout the organization and chairs the Multicultural Taskforce, a 20-person, cross-functional team responsible for growing the North American businesses with ethnic consumer segments. The ANA was fortunate to have Lizette as a presenter at our recent Multicultural Marketing & Diversity Conference, where she posed important challenges to client side marketers and agency partners.

To client side marketers: This is a fascinating time to be in the multicultural industry and we have this amazing opportunity to evolve the depiction of people of color in the media. Look behind the obvious insights and think deeper about these consumers and get to the core of who they are so we get to a place where we have better work and better depictions of people of color in the media.

To agency partners: The general market is Hispanic and the mainstream is diverse. Don’t hold on so tightly to your original reason for being that you become obsolete. Continue to evolve your approach and maintain your relevance. It’s not about eliminating ethnic agencies but it’s about repositioning to represent the general market.   

Bravo, Lizette. We were fortunate to have you with us! 

Older Millennials Aren’t “All-In” On Personalized Marketing: A Completely Subjective First-Person Account.

By Michael Berberich, manager, marketing knowledge center
Posted: Nov 24, 2014 10:00am ET

I am a Millennial. I’m a smartphone-dependent, Instagram-obsessed, Starbuck’s Card-carrying member of (don’t call us) Generation Y. However, I am also on the, let’s say “mature” side of 30. I only create a profile on a social network after my cooler friends have deemed it a worthwhile venture (sound familiar, marketers?), and I do expect customization and personalization from brands…but only to a point.

Let me explain: this past year I started traveling for work on a monthly basis (if you ever attend our Members-Only Conferences, I’m the one feverishly typing during the presentations — say hi at lunch!). Occasionally I get to my destination with a little time to spare, so before my trip I like to check out the local attractions by my hotel. One day I Googled the name of the city I was about to visit and the first search result was detailed information about my flight reservation. It showed my name, my confirmation number, everything. Now, it should be noted that the confirmation email from the airline was sent to my Gmail account…which I almost always access via Google Chrome. So it makes perfect sense why Google would “know” I was headed to San Antonio in a few days.

It didn’t make it any less creepy for me, though. And it should also be noted that I didn’t make a new email address, or start using a new browser, or start Binging (sorry Bing). But my brand perception of Google changed that day, and not in a good way.

I think about how my cousin would react to the same experience (she just started college this past September, making her a very young Millennial, and essentially a part of a different generation than me), and I feel like she’d be disappointed if Google didn’t look up her flight info and present it to her so that she could better plan her time in Texas. To her, it’s not creepy that Google knows, they had better know, or the brand isn’t doing its job. I’m reminded of a quote from a recent presentation (and the speaker was quoting a friend of hers, so I guess the quote’s officially gone “viral”): “I feel like sometimes my Google predictive search is the only one that gets me.”

For anyone asking, “So what?” right now, here’s what: targeting 18- to 35- year olds anywhere, as a singular unit, is no longer actionable. Brands need to take a deeper look into exactly who they’re targeting. For big brands, my cousin and I might seem to fit into the same general demographic; in reality, our expectations are different, and in some cases, the opposite of one another.

Would you like to learn more about the generational differences in consumers? Click here!

New Content: Intro to Neuromarketing

By Jesse Feldman, senior manager of content strategy and partnerships
Posted: Nov 20, 2014 10:00am ET

Our newest Insight Brief – a white paper compilation of ANA and knowledge partner insights – provides an overview of the exciting world of neuromarketing (aka consumer neuroscience). Neuromarketing can help brands connect better with consumers at the emotional (or unconscious) level where the majority of brain processing occurs.

Brands today have the ability to marry their creative strategies with scientific optimization. Technologies and techniques like eye tracking, facial coding, and EEGs have become increasingly portable and accessible for marketers. Check out the tips for selecting the right research partner and read about how brands like Campbell’s are using neuromarketing to make print, packaging, and in-store advertising more effective by downloading the brief here: http://www.ana.net/miccontent/show/id/ib-science-of-consumers

Jesse Feldman works in the ANA’s Marketing Knowledge Center (MKC), a rich suite of insights, case studies, event recaps, and research. You might notice her taking notes for the MKC at committee meetings, members-only conferences, or (virtually) webinars. She’ll be popping onto the ANA blog to regularly highlight some latest and greatest MKC content.

The Promise of Addressable TV

By Andrew Eitelbach, senior manager of marketing and communications
Posted: Nov 15, 2014 12:30pm ET

 

Imagine you’re a 30-something professional in New York with no kids. You see an ad on TV for a flash-sale on airline tickets to Bermuda for $30 roundtrip, but they’re only for flights this weekend. You call your married best friend who lives down the street to talk about the ad because you know he’s watching the same program as you. “Hey, you see that ad for Bermuda?” you ask him. “No,” he says, cradling this screaming infant, “but that deal on diapers looks amazing.” Watching the same program and the same commercial time slot, you both saw different ads specifically catered to your life circumstances. That’s the promise of addressable TV.
 
As the technology slowly catches on, marketers will be able to target audiences not just by region but by household. That’s the topic of the cover story in this month’s ANA Magazine Spotlight, brought to you by our partner, Simulmedia. 
 
Also in this issue: 

Mashable, Pitbull, and a Walmart in Alaska

By Michael Berberich, manager, marketing knowledge center
Posted: Nov 13, 2014 10:00am ET

Mashable is a media blog that specializes in viral social content, featuring the stories, videos and images that are being shared across social media. In order to stay hyper-relevant, the brand developed a system called Velocity that is based on machine learning algorithms and can find stories that are about to go viral. Velocity scans millions of digital data points, analyzes and categorizes them, and predicts their viral potential based on social interactions.

When Mashable first tested Velocity, the system reported that the next URL to go viral would be the Facebook page for a Walmart located in Kodiak, Alaska. Initially the brand thought that there was a system malfunction due to the improbable nature of the results, but when it began to trace Velocity’s crawl path, the story began to present itself. Walmart had recently announced a contest where musical entertainer Pitbull would hold a concert in-store at the Walmart that had the Facebook page with the most likes. While the artist was popular in the mainstream, groups on sites like Reddit and 4chan were not fans, and organized an effort to make the Kodiak, Alaska Walmart — the brand’s most remote location in the U.S. — the winner. The prank worked, Pitbull performed in Alaska, and Mashable learned that the next “big thing” in social could truly come from anywhere, and that systemized social listening was the only way to stay “ahead of the curve.”  

2014 Effie Winners: Nimble, Focused, Unafraid

By Michael Berberich, manager, marketing knowledge center
Posted: Nov 11, 2014 10:00am ET

Millward Brown Vermeer, ANA’s partner in the Marketing 2020 initiative, reviewed the winners of the 2014 Effie awards to find the newest trends and latest best practices in the ever-changing world of advertising. It found that leading marketers were bucking conventions in terms of the channels used, the audience targeted, and the willingness to take risks. The advertising landscape no longer allows for yearlong marketing plans or one-size-fits-all messaging, and brands that act quickly and flexibly can beat out larger or more established competition.

When adidas spokesperson and All-Star point guard Derek Rose tore his ACL, keeping him off the court for at least a year, the brand had to re-think its entire campaign. The brand acted quickly and developed an online video-led campaign called “The Return,” which chronicled Rose’s recovery and allowed fans the chance to voice their support. The campaign generated a substantial amount of social buzz, brand affinity, and traffic to the adidas website, and gave Rose a platform to connect with his fans on a personal level.   

The most well-known example of this new, nimbler advertising is the now-historic Oreo’s “Dunk in the Dark” tweet. Every marketer is familiar with the tweet, but not all realize that in order for it to happen as quickly as it did, Oreo created a “war room” consisting of copywriters, visual designers, social media professionals, legal advisors, and corporate representatives. When the lights went out in the Superdome, everyone involved with the creation and dissemination of an Oreo ad was in the same room, and the process (which can take months) only needed seconds.

For more Effie insights, visit the full list of 2014 Award Winners here.

The Rise of Instagram – New ANA Survey Research

By Bill Duggan, Group EVP, ANA
Posted: Nov 5, 2014 10:00am ET

According to the new ANA report, How Social Are You?,” 51 percent of ANA members are on Instagram. Those Instagram users average 116 followers, and 50 percent post updates at least weekly. That 51 percent penetration for Instagram follows Facebook (92 percent), LinkedIn (92 percent), Twitter (71 percent), and Pinterest (55 percent).

The most important finding in this research regarding Instagram is that it is the favorite personal social media channel of Millennials (meanwhile, Facebook is identified as the favorite by Gen X and Boomers). Seventy percent of Millennial ANA members are on Instagram, versus 52 percent for Gen X, and just 27 percent for Boomers. Instagram is to Millennials what Facebook is to Gen X and Boomers. Instagram is less time-intensive and relies more on visual imagery than text. 

According to the ANA research, 43 percent of brands have a social media presence on Instagram. That’s ahead of Pinterest and only behind the giants of Facebook, Twitter, and LinkedIn. Just last week, a MediaPost article reported that Instagram is more popular than ever among brand marketers.

Marketers – particularly Gen X and Boomers – are encouraged to get into the action on Instagram.

Snapchat: Not What You Think It Is

By Michael Berberich, manager, marketing knowledge center
Posted: Nov 3, 2014 1:00pm ET

If you’re older than 30, you could be excused for thinking Snapchat had one scandalous purpose: sending “intimate” pictures that disappeared after 10 seconds, leaving no incriminating evidence. In reality, Snapchat is one of the fastest growing social networks in existence, and a new space for young consumers to connect for a matter of seconds — perfect for today’s attention spans. According to Snapchat in May, 2014, the app’s users were sending 700 million photos and videos per day. Marketers that are willing to enter the space early and “learn the language” of the platform have the opportunity to engage a young audience on their “turf.” 

Audi Takes Snapchat by Storm on Super Bowl Sunday
While every other brand on Earth (it seemed) was trying to be the next “Dunk in the Dark” on Twitter, Audi launched its Super Bowl campaign on Snapchat, sending its followers pictures with humorous captions providing commentary on the game and halftime show. The brand drove consumers to its Snapchat profile via other social channels, and in the two days leading up to the Super Bowl, it had a following of5,000. When users began to share screenshots of the snaps Audi sent on Twitter and Facebook, the number of Audi’s Snapchat followers more than doubled in a matter of hours. By leveraging a new platform and providing contextually relevant content, Audi drove the most online mention of any automaker during the 2014 Super Bowl, a third of which came from the Snapchat campaign.

#LastSelfie
How do you engage a new generation of conservationists? Meet them on their own terms. The World Wildlife Foundation saw that teenagers and young adults were joining Snapchat in droves, and that “selfies,” or self-portrait snapshots, were the “lingo” of the platform. The #LastSelfie campaign leveraged both of these facts, as the WWF sent “selfies” of endangered animals to its followers, noting that it might be the last photo they ever take and calling the recipients to action, whether it be donation, petition signing, or simply social sharing on platforms like Twitter and Facebook. The campaign was picked up by Fast Company, Adweek, Creativity Online, Reuters, NBC and many others around the world as “one of the most clever uses of Snapchat and the selfie trend”, with headlines in more than six languages. The campaign was re-tweeted more than 40,000 times, reaching 120 million twitter timelines.

Is your brand ready to enter a new space? Check out the 2014 MMA Smarties Award Winners to see how innovation and creativity can drive business.

How Social Are You? -- New ANA Benchmark on Social Media Usage

By Bill Duggan, Group EVP, ANA
Posted: Nov 3, 2014 10:30am ET

The new ANA white paper, “How Social Are You?” provides a benchmark on the personal social media activity of ANA members. Some highlights:

  • 36 percent of individuals are “very” (30 percent) or “extremely” (6 percent) active on social media.

For personal use:

  • 92 percent are on Facebook, averaging 385 friends; 25 percent have more than 500 friends
  • 92 percent are on LinkedIn, averaging 507 connections; 45 percent have more than 500 connections
  • 71 percent are on Twitter, averaging 232 followers
  • 55 percent are on Pinterest
  • 51 percent are on Instagram

21 percent blog personally or professionally

51 percent post news or content about their company/brand on their personal social media sites 

All members are encouraged to benchmark their personal social media against their peers. How do you stack up? If there are gaps, members are encouraged to get out of their personal comfort zones and do more.


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