-Karl Schweikart and Susan Hopp, 45 Degrees/Minneapolis
The other day I heard the song Lust For Life by Iggy Pop. I had to chuckle as I remembered that it was once used to sell cruise vacations. As someone who had listened to that song in college, it seemed like a real brand disconnect.
Royal Caribbean
—David Mitchel, Norton Mitchel Marketing
In 1981, MTV’s first music video was The Buggles’ “Video Killed The Radio Star”. The title of that song could be adapted to ask a more modern question. Is the DVR killing television advertising? Also, can brands successfully use television advertising in the era of the DVR?
I strongly believe that the DVR is not the death knell for TV advertising. Some studies have shown minimal impact. Nevertheless, that is not an excuse to pretend we are living in 1981. Those using television to advertise must take technological advances into consideration when devising plans for using video to promote their brands.
The DVR is not an entirely new paradigm. Rather, it is the evolution of pre-existing concepts. People who want to avoid television commercials will avoid them with or without DVRs. Without a DVR, a person that avoids commercials can mute a program, go to the bathroom during commercial breaks, change the channel to another channel not in commercial, or prepare a meal or snack. Additionally, people have had the ability to record TV shows and watch them at their convenience since circa the late 1970s. A 2001 episode of “That 70s Show” pokes fun at the early TV recording technology. Minutes 4:29-5:38, 8:52-9:45, 16:15-17:35 contain dialogues about early TV recording. However, programming a VCR to record live TV was far more difficult for most people than the DVR. This has made the DVR a bigger force to be reckoned with.Continue Reading DVR Killed The Video Ad?
–Sharon Armstrong, Attorney
At the risk of giving the readers of this blog the wrong impression about my tastes in entertainment, I have to mention the MTV show Jersey Shore. In just a few months, this reality television series about a group of proud New Jerseyans (or Jersyeites?) living at a beach house in
–Dan Kelly, Attorney
If you travel by air at all, I suspect that Southwest Airlines’ “Bags Fly Free” campaign resonates a bit:
This is but one of many examples of Southwest Airlines’ marketing and business savvy. By all appearances, this is a company that exudes a love for its business, which necessarily requires a love
We all would agree that “As Seen on TV” is one of the great brands of all time. The brilliant marketeers behind it recognized the extraordinary power of television – people believe as true what they see on TV.
Why that is I’m sure has been the subject of enumerable studies; after all it defines who we are as consumers and sets the stage for a marketplace where the phrase “targeted consumer” takes on real meaning. Between infomercials laden with celebrity endorsement, a tried and (sometimes) true tactic for moving people closer to their wallets coupled with compelling “just like my neighbor” testimonials, and home shopping networks with live celebrities and testimonials whose “it has to be true” quality rings true for millions of people, consumers are drawn to purchase like moths to a light.
The online world has taken this phenomenon and cranked it up a notch. The more modern version of “As Seen on TV”, its sister brand “As Seen on the Internet” – is an even more powerful lure. It is extraordinary how so many people believe that the “default” for the Internet is Truth, as if there were a mysterious group of censors and law enforcement officials who were reading everything found on the Internet to ensure that anything false or fraudulent automatically was removed. If only that were so.
Social networking has taken this propensity to believe anything electronically delivered to an even higher level. People tend to believe as true what others in their electronic neighborhoods say. This tends to be the case whatever the form of visual channel, from “expert” blogs in About.com, to the thousands of pseudo-news blogs, closed social environments like Facebook or MySpace, or in some form of IM (Include Twitter here). The stories of fraudulent promotion on Twitter already are legion. Add to this the hundreds, perhaps thousands of for-hire bloggers who will supply testimonials for a fee, and the potential for online, “As Seen on the Internet” consumer deception increases dramatically.
It was inevitable that at some point the FTC would have to step in. The Federal Trade Commission historically has taken consumer fraud seriously, but the massive amounts of online fraud, ranging from paid for false testimonials to the most severe forms of identity theft , have created a new vigor in that agency.
On December 1, 2009, new Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Guides”), with heightened requirements for bloggers to disclose affiliations with sponsors of those endorsements, go into effect. See FTC Press Release dated October 5, 2009, here. The text of the Guides, 16 CFR Part 235, is available, here. Although these Guides are advisory in nature and do not expand the scope of liability under Section 5, they are intended to provide guidance as to how the FTC would apply governing law to various fact patterns.Continue Reading Let’s Play “Truth or Consequences”: The New FTC Guides for Endorsements & Testimonials Bring Truth a Little Bit Closer
–Sharon Armstrong, Attorney
[Spoiler alert – this post is about the season finale of Mad Men. If you haven’t watched it, please skip this post (never fear, you can revisit it in the archives once you’ve watched the episode)].
In the season finale of Mad Men, the best show on television, the executives of
–Sharon Armstrong, Attorney
Last Sunday was an exciting day for me, as it marked the return of my favorite TV show, Mad Men.
For the uninitiated, Mad Men details the personal and professional drama of everyone from the top executive to the switchboard operator of the Sterling Cooper Agency, a Madison Avenue advertising agency working
Learning at least a few new things each day is a good thing. One of the many things the special women in my life (wife and daughter) taught me today is the meaning of the apparently ubiquitous acronym BFFL: “Best Friends for Life.” So, the special men in my life learned something along with me today. I’m not sure what that says about me and my boys?
Anyway, this acronym got me thinking about all the billboard advertising promoting Friends reruns I have encountered over the last several months. It’s everywhere. What has struck me about this advertising (besides the sheer volume) is how different it is from the advertising that used to run while the television series was still being filmed and before the syndication of Friends, at least, as I recall. The website for KSTC-TV Channel 45 (based in the Twin Cities) depicts the kind of promotional photograph I recall seeing reguarly while the series was running and pre-syndication:
All six Friends cast members were promoted together as a united group or ensemble of, well, friends, apparently subscribing to the belief that the whole (the program) was greater than the sum of its parts (the cast members). This marketing approach (apparently required by Warner Brothers in the early days of the program) also was consistent with and reminiscent of the solidarity the Friends cast demonstrated during their multiple contract re-negotiations with NBC and Warner Brothers over the years. It is reported that each of the six received $1 Million per episode during the last two seasons, despite the likelihood that each of their relative values most likely was not commercially equivalent.Continue Reading The Syndication of Friends: Jennifer Aniston Playing BFFL Role?