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Category Archives: Marketing

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A David in the Land of Agency Goliaths

Posted in Advertising, Digital, Marketing

Sometimes it seems like the advertising industry is nothing but a land of Goliath’s – Goliath’s that are bent on marrying or eating one another.

David Angelo launched the David&Goliath agency in 1999, he and his agency have had enormous success by “thinking like David,” being nimble, resourceful, creative and brave – and fiercely independent. I’d also add “slyly funny” to that list of descriptors. David&Goliath’s Super Bowl spot for the Kia Sorento poked fun at over-the-top Super Bowl ads by having former James Bond star Pierce Brosnan dodge owls and a moose on a snowy mountain road. AdWeek’s Tim Nudd listed it among his five favorite ads of Super Bowl XLIX. David&Goliath’s spot for last year’s Super Bowl – … Continue Reading

Broadway Embraces Star Power, Creative Marketing

Posted in Advertising, Marketing

Timing is everything on Broadway, and with and with the new season kicking off, it’s an opportune moment to check in on marketing practices on the Great White Way.  The talk of the theater world this spring has been Fish in the Dark, the Broadway debut of Seinfeld co-creator Larry David.  The play broke advance sales records to the tune of $13 million, providing further support for the notion that star power goes a long way in selling theater tickets.

Stars bring built-in audiences with them, making their presence alone an effective marketing tool for producers.  Indeed, a glance at Broadway’s current lineup confirms that many productions are adopting the tactic of staging productions that have already established their … Continue Reading

Hornet Helps Differentiate a New Player in Health Insurance

Posted in Advertising, Marketing

You can argue about whether the Patient Protection and Affordable Care Act (ACA) is the most successful expansion of the social safety net since Lyndon B. Johnson’s Great Society or the end of America as we know it. You can argue about that. I’m not going to go there. But one undeniable fact of the Affordable Care Act is that it has greatly expanded the market for health insurance advertising.

Prior to the ACA, most working adults who had health insurance got it through their employers, and so most health insurance marketing was directed at those employers. Since the ACA came online, millions of Americans who previously did without insurance are now health insurance consumers. To date, 11.5 million people … Continue Reading

Environmental Marketing Needs To Get Real

Posted in Advertising, Environmental, Marketing

As you know, Davis & Gilbert produced our 2014/2015 Lessons Learned Practical Advice document, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014/2015 Lessons Learned Practical Advice document, click here. This week, I wanted to share with you the section I co-authored with Matt Smith on environmental marketing.

2014 was another active year for environmental marketing claims, as consumers showed an increasing willingness to change their purchasing behavior based on environmental impact, and regulators made good on their promise to ramp up enforcement. Although the Federal Trade Commission (FTC) sent a strong message to marketers that it takes environmental … Continue Reading

The ANDYs – Honoring the Heroes of Advertising

Posted in Advertising, Marketing

We all need heroes and people whose bravery, commitment and skill make us feel like there is good in the world. These people inspire us to do our own best work and be our own best personal and professional selves.

That’s a point not lost on The International ANDY Awards. Launched in 1964 by The Advertising Club of New York, the ANDYs honors creatives who’ve done especially bold and courageous work. That’s an increasingly tall order in these days of tighter ad budgets, more conservative clients, and campaigns that have to address a variety of new media channels while still excelling at old school print and television.

And the ANDYs had great fun with the idea of brave heroes in … Continue Reading

2014 – A Banner Year for NAD Challenges

Posted in Advertising, Direct Marketing, Marketing

As I mentioned a few weeks ago, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here. This week, I wanted to share with you the section I co-authored on the National Advertising Division of the Council of the Better Business Bureaus (NAD).

Despite recent news reports implying that marketers are taking disputes to federal court with greater frequency, 2014 proved to be another banner year for the NAD. Eighty-eight competitor challenges were filed with the NAD in 2014 – a considerable increase … Continue Reading

A Look at the European Advertising Landscape

Posted in Advertising, Digital, Marketing

Even if (or maybe because) your last exposure to European advertising was a heavy metal cough drop commercial from Finland, you may be wondering how things are going over there across the pond. In general, I think the answer is, “Things could be better, but they were a lot worse.”

Ad spending is a kind of economic indicator. When a business, or a sector, or an entire economy heads south, ad spending is one of the first things to get cut. The European Union (EU) has been slower out of the Great Recession than the United States and ad spending didn’t return to growth until 2013, and even then it only grew by only 2.3% in 2014, according to a … Continue Reading

Regulators Continue Their Focus On Disclosures

Posted in Advertising, Marketing, Regulatory

2014 marked a year of significant change in the marketing communications industry.  To help understand these changes, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015.

Over the next few weeks, I will share with you a few pieces I authored on the topics of: FTC – Regulatory and State, Emerging Hardware – Robots, Drones and Connected Devices, and the NAD. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here.

 FTC – Regulatory and State:

The regulatory landscape in 2014 was marked by a continued focus on the importance of clear, … Continue Reading

NAD Recommends Changes to Online Travel Agency’s Search Engine Marketing Claims

Posted in Advertising, Marketing

The Council of Better Business Bureau’s National Advertising Division (NAD) has recommended that, as a result of a complaint filed by Expedia, two online travel sites change several aspects of their search engine marketing (SEM) to avoid misleading consumers.  While SEM is a common and long-standing practice, the NAD’s decision emphasizes that there are still emerging issues that companies engaged in this type of marketing should observe.

Expedia’s Challenges

Expedia filed a challenge with the NAD alleging that the SEM practices of Fareportal Inc., the operator of travel sites CheapOair.com and OneTravel.com, were misleading.

First, Expedia challenged Fareportal’s practice of advertising what appeared to be low fares from a specific origin to a destination identified in a consumer search query, … Continue Reading

Fast Food that Will Not Derail Your Diet – b.good and Feel Good

Posted in Advertising, Direct Marketing, Marketing

To understand b.good, the healthy sandwich and salad shop that has taken the northeast by storm, we’re going to need to hop into the DeLorean, and go back to 1987 – when the founders met. b.good’s co-founders, Jon Olinto and Anthony Ackil, met in the sixth grade, and formed a fast friendship. After countless shared burgers – and years later – the duo teamed up to create something that they felt was missing from the marketplace.  They set out to create a line of restaurants where the food was made by real people, not factories.  In fact, burgers share the menu with kale and quinoa bowls and seasonal salads, and are all made with ingredients sourced from local farmers who … Continue Reading

From Springsteen to Restaurants to Louis C.K – Charitable Giving is Alive and Well

Posted in Marketing, Media

The Chairman of the Joint Chiefs of Staff sang New York, New York; Louis C.K riffed on rats doing it in the subway; and Bruce Springsteen auctioned off two guitars, a lasagna dinner and a motorcycle ride. That was just some of the goings-on at the 8th Annual Stand Up for Heroes charity show, which raised $6 million to help post-9/11 vets and their families.

In addition to the Boss’s “guitars n’ lasagna” package, this year’s Stand Up for Heroes featured some other new fundraising wrinkles.

One was Dine Out for Heroes, an initiative led by Peter and Penny Glazier of the Glazier Group of restaurants, in which more than 200 participating restaurants donated a dollar for every meal they … Continue Reading

SoulCycle is Spinning Its Way Across the Country

Posted in Advertising, Marketing, Media

Candlelight, loud music, and the chance for a potential celebrity sighting – it sounds a bit like a nightclub, or at the very least a trendy bar. While all of the above are nightlife commonalities, they are also a key factor in the success of SoulCycle – an intense, full-body workout done on a stationary bike.  The brand has turned “spin class” into one of the most successful fitness trends around, generating a cult-like following among its devotees, which include Lady Gaga, Katy Perry, Jake Gyllenhaal, and Charlize Theron just to name a few. In addition, celebs such as Lena Dunham and Oprah have even held SoulCycle birthday parties.

SoulCycle has set itself apart from other fitness trends in a … Continue Reading

VIZIO Turns a Medium into a Community

Posted in Advertising, Marketing, Media, Social Media

Social media can be challenging with its many channels and niche audiences. Where does a brand start? And how do brands tie their efforts together? VIZIO, the nation’s largest seller of flat panel televisions, answered these questions by creating its own social network, called Fandemonium.

By leveraging a sponsorship begun in 2010, VIZIO first launched Fandemonium at the 2013 Rose Bowl game; encouraging fans to cheer and jeer plays for a chance have their pictures displayed on the stadium jumbotron.  Fandemonium participation – including store check-ins as well as viewing and writing product reviews – is rewarded with points that members can redeem from VIZIO, or one of its Fandemonium partners, which include Hulu, Netflix, and ESPN.

The genius behind … Continue Reading

Detroit Punches Back

Posted in Advertising, Marketing

One of the biggest news stories of the last year occurred on December 3, 2013, when the city of Detroit became the largest municipality in the United States to enter Chapter 9 bankruptcy.  A decades-long economic decline saddled Detroit with $18 billion in debt, high crime rates, extensive urban blight and, it would seem, a problem marketing itself to potential visitors.

But Detroit is one hard city to knock out.  (It is the home of Joe Louis, after all.)  From the Model T to Kid Rock, the Motor City has contributed enormously to the manufacturing, musical, and cultural life of our nation, giving it an enduring appeal.  The only northern city to have hosted two Super Bowls, Detroit plays … Continue Reading

Finding Your Cheese in the Marketing Law Maze

Posted in Advertising, Marketing

Today’s marketing and advertising landscape may be more laden with legal tripwires, regulatory mines, sharp corners, and dead ends than ever before. Technology is definitely evolving in real time, new laws are creating a tangled web of regulation, and consumers are savvier and more in control than ever.

Fortunately, the 36th Annual BAA / PMA Marketing Law Conference – themed Navigating the Marketing Law Maze – is here to help you find that elusive piece of cheese at the end. Taking place November 5 – 7, 2014 at the Windy City’s Downtown Chicago Marriott, the conference is built for inside and outside counsel, marketing executives and the increasingly eclectic mix of professionals caught at the crowded intersection of compliance and … Continue Reading

The American Association of Advertising Agencies Has the 411 on the Latest Regulatory Issues

Posted in Advertising, Marketing, Regulatory

Brands and the agencies that help market them have full plates. Just keeping up with the way technology has changed, and how brands communicate with customers is, to say the least, a full time job. But, there are so many things that affect businesses, not the least of which is how government regulation can either help or hinder what we do.

That’s why organizations like the American Association of Advertising Agencies (4A’s) are so important. Among its many roles, the 4A’s advocates for advertising and marketing agencies and the other businesses it supports on a wide variety of issues. Some of the biggest items on its current docket:

The deductibility of advertising spending: Tax law has traditionally treated advertising as … Continue Reading

Keeping Tabs on an Industry Keeping Tabs on Itself

Posted in Advertising, Marketing, Regulatory

We live in a world of product innovation. There is sea change going on in media and technology. It seems that there is a new media platform and revolutionary device announced every week. Advertising is the currency that allows the offering of free information and services in media to consumers. Consumers absolutely want free content and do not wish to pay for it. Advertising has evolved to keep pace with changes in viewing habits, device use, technology innovation and taste and content. To keep pace with the advertising evolution, there is a critical need for industry self-regulation. This is the role of the National Advertising Division (the NAD).

The best way to establish trust with consumers is to establish standards … Continue Reading

Advertising Week – Lights, Camera, and Action

Posted in Advertising, Digital, Marketing, Media

It’s hard to overstate what a “thing” Advertising Week has become. Since it was launched in 2004 by the late Ken Kaess, then chairman of the 4As, Matt Scheckner, and a team that included Burtch Drake, Ron Berger, and Mike Donahue, the conference of advertisers and advertising professionals now comprises more than two hundred and fifty events and more than one hundred and ninety seminars and workshops over four days. This year’s attendance is expected to exceed 90,000 people.

And talk about spanning generations, last year, in addition to a parade and Advertising Week reps opening the trading day on the floor of the NASDAQ, the conference featured presentations as diverse as Sabrina Calouri, ‎Vice President of Digital & Social … Continue Reading

State of the Creative Series: Interview with the CEO & CCO at StrawberryFrog

Posted in Advertising, Digital, Direct Marketing, Marketing

For the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, GREY, 360i, and R/GA.

For my final post, I turn to StrawberryFrog – a New York City Advertising Agency – to get their thoughts. Drum roll, please…

In my final post regarding the “State of the Creative,” I sat down with StrawberryFrog to discuss the state of the creative today with the agency’s Founder and Chief Executive Officer, Scott Goodson and Chief Creative Officer, Kevin McKeon.

 

QIn this new era of data and technology, what has been the fundamental change for creatives? AScott: Well, there are new possibilities for creatives today compared to when I founded StrawberryFrog in… Continue Reading

State of the Creative Series: Interview with the Chief Creative Officer at R/GA

Posted in Advertising, Digital, Marketing

 

So far in the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, GREY, and 360i. This week we continue to examine what it means to be a creative in today’s world…

 

 

I sat down with Nick Law, Chief Creative Officer at R/GA, to discuss the state of the creative today.

 

QIn this new era of data and technology, what has been the fundamental change for creatives? AThe biggest change has been the growing complexity of media and the opportunities that this affords. QWhat does it mean to be a creative today? AIn our industry creative was once primarily about telling stories. Now that the media… Continue Reading

State of the Creative Series: Interview with the Chief Creative Officer at 360i

Posted in Advertising, Marketing, Media

So far in the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, and GREY. This week we continue to examine what it means to be a creative in today’s world…

 

 

 

 

I sat down with Adam Kerj, Chief Creative Officer at 360i, to discuss the state of the creative today.

 

QIn this new era of data and technology, what has been the fundamental change for creatives? AWe have more insight into consumer behavior than ever before, and we are living in a world exploding with content that needs to resonate for consumers to care and to be inspired to share.  Creatives are now using digital… Continue Reading

State of the Creative Series: Interview with the Chief Creative Officer at GREY

Posted in Advertising, Marketing, Media

Continuing with the series on the “State of the Creative,” we reached out Chief Creative Officers at some of the world’s leading ad agencies on: What it means to be a creative in today’s world? How many “legs” does an idea have to have when advertisers and marketers are targeting various demographics, each using multiple media devices and social media platforms? And does having all that data mean you or anyone else knows how to use it?

 

 

 

I sat down with Tor Myhren, Chief Creative Officer at GREY, to discuss the state of the creative today.

QIn this new era of data and technology, what has been the fundamental change for creatives? ABroader thinking and a… Continue Reading

State of the Creative Series: Interview with the Chief Creative Officer at Weber Shandwick

Posted in Advertising, Digital, Marketing, Media

As mentioned last week, we got to wondering, what does it mean to be a creative in today’s world? How many “legs” does an idea have to have when advertisers and marketers are targeting various demographics, each using multiple media devices and social media platforms? And does having all that data mean you or anyone else knows how to use it?

We posed these questions to Chief Creative Officers at some of the world’s leading ad agencies and will be posting their responses here over the next few weeks. Together, they should give us an interesting take on the state of advertising creative today.

 

 

I sat down with Josh Rose the Chief Creative Officer at Weber Shandwick to … Continue Reading

State of the Creative Series: Interview with Chief Creative Officer at Ogilvy & Mather North America

Posted in Advertising, Marketing

In case you haven’t noticed, things have changed a lot in the advertising and marketing industry. With bigger bandwidth and faster, smaller, cheaper digital devices, the world is staggeringly more connected. With home-grown, artisanal wine, cheese, whiskey . . . pants . . . the world is a lot more “local” as well.  And, of course, all of the choices you make – whether it’s the restaurant where you just ate, the starlet you just Googled or the selfie you just posted to Instagram – are obsessively observed, analyzed, and sold to by advertisers and marketers.

So we got to wondering, what does it mean to be a creative in today’s world? How many “legs” does an idea have to … Continue Reading