Duets Blog : Creativity and the Law: DuetsBlog

 With the brand new outdoor Target Field located in downtown Minneapolis, the buzz is palpable, and there is certainly more foot and other forms of traffic, especially on the end of town closest to where the Minnesota Twins now play their home games. Given that increased traffic I suppose I shouldn't be surprised that some businesses will try to capitalize on that increased traffic and compete for the eyeballs of passersby in the vicinity of Twins Territory.

Exhibit A, shown above, is a very large billboard positioned on the roof of First Avenue (known as "Your Downtown Danceteria Since 1970"). It won the attention of my eyeballs.

When this billboard caught my eye, positioned squarely on the path to one of the parking ramps connected by skyway to Target Field, it struck me as, well, not the most "well-articulated ambush marketing campaign," to borrow Susan Perera's phrase in her recent posts on Ambush Marketing.

It seems to me that it lacks being "well-articulated" because it actually uses the Twins brand name and trademark in the advertisement, by calling out: "Hey Twins Fans! Car Shop With Confidence" positioned above the Cars.com logo and on the background of what appears to simulate a baseball. Can you say, sponsorship?

My assumption, of course, is that if Cars.com actually were paying for the right to be a Twins sponsor, they'd say so, and neither the billboard nor their website give any such indication.

So, what do you think?

Nominative Fair Use of the Twins trademark? Ambush Marketing? Or is this simply another form of questionable brand bait?

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Putting aside the questions of whether Tiger Woods needed to or should have made a public apology, the timing of it, and even the content of it, now that Brand Tiger made the decision to do so and did so last Friday, I'm interested more with how Tiger conveyed it and the likely impact it will have on his personal brand going forward.

What struck me most about Tiger's 14 minute public apology (actually Tiger worked in more than an apology during this time) was the fact that he read it, word for word, rather stiffly, from a prepared script, and from behind a podium. Doing so begged for me the question of who wrote it, in the same way we might ask who a famous politician's speech writer is. Reading from a script or teleprompter behind the security of a podium works well for politicians, I'm not sure it is the best way to convey a heart-felt apology, ok, I am sure, it's not.

After seeing the entire 14 minutes, I had to check with the U.S. Trademark Office to determine whether Brand Tiger had any registered protection for trademarks in Int'l Class 35 for the "production of public service announcements." But, I couldn't find any . . . .

So, why the script, why the podium, why the presidential-blue backdrop? No doubt, this was a carefully controlled message with nothing left to chance, and no chance for surprise. So, that probably answers that. However, it seems to me the tightly controlled format squandered an opportunity to create a more meaningful connection, or perhaps reconnection, with Brand Tiger.

This morning I saw an interview on ESPN with one of the golfers on tour who thought it would have gone better if Tiger had not read a script, but instead spoken from the heart, perhaps guided by a few bullet points in some notes. I tend to agree and believe doing so would have conveyed far more emotion, truth, and authenticity. So, who recommended or chose this format for Brand Tiger?

I'm thinking it was a left brainer, not a right brainer, because striving for a more natural, emotional, and authentic expression from Tiger seems like a no-brainer to me, at least, if the goal is to resurrect, or at least begin the resurrection of Brand Tiger. Or, perhaps a right brain advisor recognized that the target audience for Brand Tiger's apology skewed toward left brainers who would feel themselves more comfortable with this controlled format too? By the way, if you're not sure which of your hemispheres is dominant, here is an interesting and brief online 18 question test.

Left brain dominant Accenture was the only sponsor mentioned by name, do you suppose they had any say in the chosen format?

For further guidance on my hemispheric brain hypothesis, I consulted Al & Laura Ries' most recent and highly acclaimed book War in the Boardroom, which explains the conflict and divide between management and marketing types by their respective emphasis on left and right brain thinking:

If you're the CEO of a major corporation, chances are good you are a left brainer. Before you make a decision, you want to be supported by facts, figures, market data, consumer research. It couldn't be otherwise in a world where the ultimate measurement is the bottom line and the stock price.

If you have a job in marketing, chances are good you are a right brainer. You often make decisions by "gut instinct" with little or no supporting evidence. It couldn't be otherwise in a creative discipline like marketing.

Another striking difference: left brainers have a strong preference for verbal thinking, while right brainers favor visual thinking.

When a management type makes a speech, he or she usually stands behind a podium and reads a script or the words on a teleprompter.

When a marketing type makes a speech, he or she usually stands in front of a screen using dozens of visuals.

Again, all signs seem to point to the left side of the brain on the format. Now, I'm not suggesting that Brand Tiger would have benefited from a Ross Perot style speech complete with charts and graphs, but I do think that Tiger would have chipped his personal brand out of the rough far more effectively without a podium, without reading a speech, and he wouldn't have needed 14 minutes to do it. No doubt, this was only the first public step toward resurrection of Brand Tiger.

As Laura Ries blogged last December on Ries' Pieces, and as I suspect will always be the case, It's What Tiger Does Next That Counts . . . .

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Earlier this month, I noted Accenture's words in publicly ending its relationship with Tiger Woods, having announced around December 13, 2009, that it would "immediately transition" to a new ad campaign, and then compared those words to the company's actions in continuing to run the Tiger Woods airport ads even three weeks after their termination announcement. Right after Accenture's announcement, Going Concern Blog asked "Who Will Replace Tiger Woods at Accenture?" They offered some possibilities, including Phil Mickelson, who is already tied to KPMG.

Accenture's marketing team apparently spent some quality time at the zoo to come up with Tiger's replacements, yes, that's plural. A few days ago, in the Minneapolis airport, I saw Accenture's answer to Going Concern's question: Animals. Concourse G was sporting some brand new Accenture ads, one featuring an elephant balancing on a surfboard, with the tagline "Who says you can't be big and nimble?," and another featuring some frogs hopping over one another with the tagline "Play quantum leapfrog." By the way, how nimble or quantum-oriented is a company that needs at least four weeks to have their words and actions begin to merge?

Putting aside the timing for a moment, you might ask, why animals? Clearly animal mascots and endorsers are a much safer option than human beings, for a variety of obvious reasons. Indeed, one Twitter user notes that using an elephant is "no risk." By the way, someone ought to remind Daniel Snyder of this if he ever has the wisdom to re-brand the Washington Redskins professional football team, as I have previously suggested.

Actually, the largest surprise during my experience in Concourse G, a few days ago, was seeing a lingering Accenture ad still featuring Tiger, now more than a month after Accenture's promise of an immediate transition. The Tiger ad in question was of the thinker/doer variety, so a curious one to keep in circulation, as it appears Tiger is doing much more thinking than doing at the moment.

Given how long it has taken Accenture to "immediately transition" to new Tiger-free ads, given that it hasn't yet successfully removed all Tiger ads from circulation, and given the damage it is believed that Tiger has caused to the Accenture brand, I'm left wondering whether companies plan for these kinds of endorsement-gone-wild contingencies as part of their crisis management planning. It would appear Accenture did not and was caught flat-footed, but who would have guessed, right? Nevertheless, Accenture's unfortunate experience might be a good lesson to all those companies who closely link their reputation with endorsers or mascots outside of the animal kingdom. Perhaps having some pre-approved ads ready for emergencies would permit a nimbler and more quantum-like response when things go wrong.

With respect to the choice of animals, they certainly have served others well. For example, a clumsy white duck works for Aflac, and a little green reptile, seems to work pretty well for GEICO. To the extent either of those little guys offend, disgust, or embarrass anyone, at least Aflac and GEICO are in control of their words and actions, so any resulting damage is more easily considered a self-inflicted wound.

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As an attorney, one of my most oft-committed sins against the art of persuasion is forgetting that brevity is key. Get in, deliver your message, and get out.

In contrast, concise delivery of a message is something that good branding and advertising generally excel at. I say "generally," because as I was sitting at/in/on/around/near Mall of America Field at Hubert H. Humphrey Metrodome watching the Minnesota Vikings de-pants the New York Giants to get the #2 Seed in the NFC playoffs, I began to think of other sponsorship mouthfuls that make me question whether any message really gets transferred to the recipient. Given my football frame of mind, the only thing I could think of was the horrendous rebranding of the Chicago Bears as Bears football presented by Bank One.

But, that also get me thinking about some sponsorship "eyefuls" which often leave me confused. For example, there’s this:

(If you prefer live action…)

This...

And this:

While I can’t claim to be an expert on advertising expenditures, it seems to me that budgets may be better spent trying to distinguish yourself, rather becoming another voice in a sea of noise.

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