April 2013

I talk here on Madison Ave Insights all of the time about the importance of mobile and social media for advertisers.  Technology is always changing, and with new technology comes a set of new challenges for industry groups, brands, and regulators.  In light of the rise of smartphones, tablets, and social media, the Federal Trade Commission (FTC) updated its online advertising disclosure guidelines.  Known as the Dot Com Disclosures, the guidance updates the original guidelines which were introduced in 2000, since, as we all know, a lot has changed since the turn of the Millennium.  While the general principles of traditional advertising law apply equally to online and mobile media, the updated guidelines provide specific guidance for making “clear and conspicuous disclosures” on mobile and social media platforms.

The FTC’s updated Dot Com Disclosures signal to marketers that traditional consumer protection laws apply to mobile marketing, regardless of space limitations.  While there is no set formula for a clear and conspicuous disclosure, when evaluating whether a disclosure meets this requirement, an advertiser should consider its placement in the ad and its proximity to the relevant claim.  Due to the smaller screen size and different format of mobile platforms, the FTC changed its definition of “proximity” from “near and, when possible, in the same screen” (from the 2000 version) to now be “as close as possible” to the relevant claim.

Mobile marketers may need to become creative if they want to continue to use hyperlinks, as hyperlinks need to be obvious and labeled to explain the nature and importance of the information to which they link – terms like “disclaimer,” “more information,” “details,” or “terms and conditions” may no longer be adequate.  The FTC also makes clear that the disclosures that are necessary to comply with the FTC Endorsement Guides need to be disclosed in space-constrained ads such as Tweets and cannot be disclaimed via a click-through or hyperlinked disclosure, but need to say something like “#Ad” in the Tweet.

The Way I See It

  • Mobile marketers should look at the FTC’s new guidance in a positive light.  For too long, we have been applying the FTC’s decade-old Dot Com Disclosures guidance to mobile media, which raised unique challenges given mobile’s space limitations.  With the flexible principles and specific examples presented in the updated guidance, mobile marketers now have the necessary tools to provide disclosures that meet FTC requirements.
  • I see the FTC making clear that if a platform does not allow marketers to make clear disclosures, that platform should not be used for advertising and this should be taken seriously in order to meet FTC standards and avoid any enforcement actions or false advertising litigation down the road.

Consumer Electronics Show. South by Southwest. Auto shows. Comic-Con. E3 (Electronic Entertainment Expo). Multiple industries rely on annual trade shows to unveil new products and interact with not just the trade, but with consumers. It’s something like a professional show-and-tell, with major brands and companies offering new product demonstrations and announcing their latest innovations that set them apart from industry competitors and attempt to attract consumers. With developments in digital, social media, and mobile, the importance of live, in-person displays and face-to-face consumer engagement has not faded for the industry and some may even argue, it’s become even more important. Brands can often rely on the hype surrounding conventions and trade shows to boost sales, brand recognition, and loyalty, and companies can also tap in to what consumers want at these shows to inform future research and development. Take Sony Computer Entertainment, for instance. A true innovator for decades and a company that bridges a variety of sectors to unveil new products, entertainment, and updated consumer favorites, Sony’s panels and booths at industry shows are often the most-anticipated and best-attended. So how important are trade shows for Sony Computer Entertainment and what can we learn from the popular tech brand’s trade show tactics?

The Way I See It

  • I see trade shows offering the industry a rare opportunity to market and advertise in a way that truly puts the features and capabilities of their products on display. Mainstream ads and commercials for products like gaming consoles are often more creative than product and feature-driven, so trade shows around the U.S. put the newest features on display.
  • I see trade shows for most industries filled with consumers who are “industry-junkies” of sorts, allowing brands and companies to get more technical and high-level in their displays and presentations.
  • I see trade shows playing an important role in building momentum, creating excitement and motivating industry players and consumers.
  • I see trade shows now reaching wider audiences, thanks to videos of product announcements and presentations being posted on YouTube and other social networks, or even live-streamed by brands. The Consumer Electronics Show in January is the most important stage for technology and entertainment, and many brands strategically connect live-presentations with social and digital media so that consumers who cannot attend in-person still feel that they’re a part of it.

The Way the Industry Sees It

I sat down with Guy Longworth, Senior Vice President, PlayStation Brand Marketing at Sony Computer Entertainment America, to discuss the gaming and tech giant’s recent memorable trade show performances and how important trade shows are to the company.

At CES in January, Sony came out hot and received a great amount of praise. Everyone was talking about Sony’s impressive booth and all of the goods on display, including the PlayStation 3 console and PlayStation Vita. How important is your physical presence at a trade show and, without giving away any secrets, how do you strategize about what to include and how to display the items?

Trade shows are an important component in our marketing mix. They provide an excellent venue for us to showcase products and to launch new initiatives. We benefit from considerable PR, which we would find it difficult to replace without the focus of a show. We spend considerable time determining clear objectives for each trade show with a focus on the future product pipeline which informs our decision making process in terms of what is included and how it is displayed.

In your opinion, is the real value of successful runs at trade shows, including E3 and CES, for building brand reputation and hype or for introducing new products to make consumers race to stores to buy? Obviously, brand reputation leads to sales in the long-run, but what’s the value, from a marketing perspective, of unveiling a product that customers won’t be able to purchase for a good amount of time?

The gaming industry is the largest segment of the entertainment industry, which thrives on “what’s next” and has a successful history of building excitement and momentum for new platforms, games, and services by announcing them early. Securing pre-orders and building purchase intention are critical elements of any marketing campaign and trade shows provide an excellent platform to launch new products.

Continue Reading Trade Shows in the Digital Age: A Discussion with Sony Computer Entertainment

On Tuesday night, I attended a fascinating event at The ADVERTISING Club called AD THINK, which is bridging the gap between tech startups and the advertising world.  As the event’s host, founder and partner of Evol8tion Joseph Jaffe, put it – we have seen a lack of creativity in digital advertising and with all of the creativity streaming from the high-tech startup boom, several stellar startups have emerged to bridge the gap between Madison Ave and Mountainview.  The event, which was standing-room only and will be the first in a series, brought five cutting-edge startup founders to deliver presentations on their products and attempt to woo a panel of experts who know a thing or two about successful startups, ad land, and how creativity and tech can work hand-in-hand.  The panel included: Brian Cohen, Chairman of New York Angels and the first investor in Pinterest; Andreas Dahlqvist, Deputy CCO of Global & Vice Chairman of NY for McCann Erickson; Nihal Mehta, Founder and CEO of Local Response (in 2001, he founded an agency dedicated solely to mobile – way ahead of his time); and Catherine Schenquerman, Digital Advertising Head of JetBlue Airways.

Even though I could talk about the all-star panel for a while, let’s talk about the startups – the true stars of the evening.  I was blown away by the creativity of each of these tech companies, and the potential that these startups have for the future of advertising and marketing.  The main theme among them was something we’ve talked about before: bringing data and creative together, as well as using data and analytics to improve and drive creative content for digital and mobile advertising.  I’m excited to see what’s next for each of these companies.

  • One of the founders of social intelligence company Bottlenose presented the analytics tools the platform offers brands, which, among other things, can correlate the volume of trending topics and conversations surrounding a brand on social media with key indicators (i.e., stock price, sales, website visits, Nielsen ratings, etc.) to uncover who and what on social media are driving important activities.
  • The founder of Customer.io started by saying, “E-mail is dead.”  We’ve heard it before, but his technology is actually using data gathered from e-mail marketing to help brands determine what to say and when to say it in order to achieve objectives from their e-mail marketing.  This could really bring e-mail back to life.
  • Continue Reading At the Intersection of Tech and Advertising