letters

Picky partner picking

The article on Internet promotions [PROMO May 2003] made several outstanding observations. However, [contributor Jed Weissbluth] failed to mention the largest exposure facing digital promotions: Is this type of promotion patent protected? We are the patent owners and inventors of all the optically oriented Internet games that you see in the market. We regularly issue cease and desist letters and file suit in Federal court citing infringement. We have prevailed every time.

Your article was accurate, but you also failed to mention culpability. When we find a property violation, we sue the end user, the person whose name appears on the Web site. As they say, stuff runs downhill and the fraudulent vendor will soon be having the legal department from his client calling and wanting answers. You can forget any further business.

Ask plenty of questions and do serious due diligence when purchasing a unique and patented product. Make the vendor prove it (we even go as far as naming the client on our Certificate of Insurance) so if something goes south there is adequate liability coverage. We can make these claims and issue the comfortable level of indemnification because we are the patent and trademark owners. Keep making good sense.
Matt Montesi
www.webdecoder.com

Jed Weissbluth responds: Thank you for the encouraging note. I agree with you 100% about the importance of intellectual property issues. The original article I prepared for PROMO was serialized, including the related subjects of indemnification, insurance, etc. Keep an eye peeled for it and let me know what you think.

Cracker Jack memoirs

I enjoyed your article about Cracker Jack [PROMO April 2003]. I worked on the brand for Geoff Campbell. But the best product I ever developed is still sitting in a drawer somewhere at Borden. Microwave popcorn was still being perfected by Pillsbury, and creating a microwave Cracker Jack at Borden seemed like a no-brainer. We came up with an incredibly delicious product (much better than anything on the market today) that scored a 97% positive purchase intent after in-home trial. But it went into a drawer and stayed there when I left the company.

I really regretted having to walk away from the project, and it continues to amaze me that apparently no one had the vision to champion it. When mentoring junior marketing people, I remind them that “A lot of smart people probably sat in that desk before you, so try to take the time to open the drawers. You never know what buried treasure you might find in dusty old product development and consumer research work.”
Alpha Collins
Plan B The Agency Alternative

Rod Taylor responds Borden may not have killed Cracker Jack, but they did manage to bleed it pretty dry.

Inspiration

Just wanted to let you know that I truly enjoy reading PROMO each month. I direct the marketing activities for three scientific magazines, and I get very few opportunities to produce “cool” promotions. Lots of direct mail, requals, ad sales support, but the society bosses aren't ready to give away a hybrid car with a Physics Today paint scheme!

Your case studies and articles inspire me to think outside the box and give me lots of ideas that I can act on. Some of these have been popular at trade shows, but there's nothing really orchestrated and measurable.

Someone only tangentially connected to the promotions industry gets a lot out of PROMO.
Jeff Bebee
Marketing/Circulation Director
American Institute of Physics

Editor's Response You know what Mark Twain said about the inspiration/perspiration ratio, Jeff! Glad we can supply some of the former.

Mad about the Min

I absolutely loved the Mini Cooper story! I just ordered one (not as cool as the one owned by writer Carrie MacMillan's dad). Pathetic, we have to order them out of the state here in California, or pay $3,000 over the retail price. But it's a very popular car right now.
Shelly Burnside
Director, Corporate Communications
The Active Network