Archive for the ‘News’ Category

Tips for Addressing Brand Misuse While Mitigating PR Backlash

By David Bell, Lawyer and Chair of Social Media Practice at Haynes and Boone, LLP

Perhaps you’ve heard about Chick-fil-A’s recent “oops” moment. The company fired off a cease and desist letter to a Vermont artist over his use of and trademark application for EAT MORE KALE. The chicken eatery sent the letter in an effort to protect its EAT MOR CHIKIN tagline, but the letter sparked an outcry throughout Facebook and the blogosphere. It also led to an anti Chick-fil-A petition that has already garnered tens of thousands of signatures and a CNN feature story mocking the company.

Marketing professionals know that protecting a brand can be vital to its continued success. Cease and desist letters aim to persuade someone to stop brand misuse, without having to resort to a lawsuit. In the past, letters might fall on the desks of just the recipients or their lawyers. Social media now spreads many of these letters like wildfire. One overly aggressive notice could land a full-page blog post, thousands of re-tweets, and negative publicity. In some cases, this is unavoidable, and a strongly-worded letter is simply needed. In others, the public relations risk should be more heavily weighed.
 
Tips and questions to ask before sending a letter:

  • Research the individual or company to whom you plan to send a cease and desist notice. Who posted the content—a current or former employee or vendor, a company critic or competitor, or a well-intentioned consumer or fan?
  • Consider how a proposed notice will be received. Think about how it would play out in the press or before a judge. The additional time researching and writing an appropriate letter is well spent. It can help to avoid a PR fiasco or positive to the receiving party, as in the Vermont kale enthusiast’s case. In some cases, you can also lower the risk that the recipient will file a preemptive lawsuit, asking a judge to rule that there is no infringement occurring.
  • Consider whether sending a letter is even appropriate. If no action is taken, the brand misuse might not create much true harm. For instance, if it appears in a single blog post, it might be deeply buried on the website after another day or two. And if on an unpopular website of social media account, few eyes may see it anyway—again, assuming you don’t fuel the fire by unnecessarily upsetting that person.
  • Use a tone appropriate to the situation. It should parallel the company’s level of concern, speak appropriately to the person who will receive the notice, and reflect the company’s values. Polite requests can be more effective than aggressive letters. Of course, the result that your company is seeking, and how quickly, is important. If the situation involves truly abhorrent behavior by an infringer, then a letter should more likely be sent by outside counsel. Among other advantages, this allows the company to distance itself somewhat from any harsh tone necessarily included in the letter.
  • A cease and desist notice is almost never confidential or privileged. It is very possible that a notice will end up on the recipient’s blog or website, or in the news, and the sending company will likely have no legal recourse.
  • Spin your wins. Use your company’s blog, social media outlets, and website to educate the public that you are shutting down frauds because you want to protect customers against malicious activity and work to keep costs down. When communicated with care, this can leave a favorable public impression, not to mention advise customers to beware of unauthorized products, vendors, social media pages, apps, and other Internet and mobile content.

In short, to avoid the “fowl” attention that Chick-fil-A landed, before sending out cease and desist letters, brand owners should weigh PR risks against business and legal considerations, think carefully about whether a letter should be sent, and match the tone and language of a letter to the circumstances at hand.

The opinions expressed here are those of the author only and do not necessarily reflect the opinions of the law firm with which the author is associated, or its other lawyers or clients.

When Crisis Knocks: Being PR Savvy through Social Media

By Amy Howell, CEO of Howell Marketing Strategies

Social media has been a game changer for PR folks across the board. No matter what type of business, industry, or organization you are in, social media means you can run for a minute, but you sure cannot hide.

I have been in PR and marketing for more than 20 years, working mostly in B2B organizations, and I have witnessed the drastic shift in how we communicate the corporate messages—good, bad, and ugly. I think that in order to appreciate and use what we’ve learned, it’s sometimes important to look back and think on what worked then, how things have changed, and what lessons we can carry forward to improve our role as PR professionals.

In the “good ole days” when agencies had fat budgets and big offices, often the PR strategy was crafted to “spin” a story a certain way to try and control the outcomes. Sometimes it would work, sometimes it would not. Either way, that control is largely gone with the use of social media, smartphones, and mobile communications.

I hear and read often that companies can’t control their stories. That’s only true if they let it get out of control in the first place. Sometimes it gets out without anyone doing anything. An explosion or fire would be this type of crisis. The media is relentless when it comes to a crisis, and a company has to be ready to be totally “bombarded” and handle all inquiries. A very tough skin is needed for this, as dealing with a heady crisis and doing good PR is not for the weak or inexperienced.

I have only had two really bad crisis client PR projects and—though we got through them as well as we could have under the terrible circumstances—it’s highly stressful and downright scary work. I’ve had CNN, AP reporters, international calls, and the local media all on my back at once, and there is no class or training that can prepare you for the actual day that happens. But I learned a ton, didn’t sleep much, and added great depth to my experience in PR under pressure.

Now, onto the three main points I would like to make. Corporations with big news to tell (good and bad) need to understand a few key points:

  • The art of being proactive and always anticipating what can happen: When crisis comes—often by surprise—you must immediately be ready to anticipate what will happen next. I cannot stress enough the importance of having a crisis PR/communications plan ALREADY WRITTEN before something happens. The most common thing to anticipate is that people love to talk about a crisis, which means you will have two major projects: one is dealing with and getting accurate information to the media (you want them on your team, and they can make or break you) and dealing with comments that are posted on the Internet. Immediately, you need a team that’s social savvy to monitor what’s being said, and you will need this 24/7. How you handle these steps is critical. In dealing with the media, you must be fair and straightforward, and you must set the pace. When we had crisis #1, I set up a system to communicate with all the media and used different tools to post information. The first was the posting of updates and statements as they became available to the top of the client website. This helped us do two things: control information in written statements and mass distribution (we didn’t have time to do press releases). The second tool was the use of the wire; we monitored the Internet. It took a team of four to six people dedicated to this, and I worked remotely in the client’s conference room for days.
  • The discipline and intelligence to use confidentiality and non-disclosure agreements: I hate to say “duh,” but I said it. Companies and organizations that can’t keep information from leaking out deserve what they get. And I would fire any communications staffer immediately if I found out he or she talked about highly confidential information. Rumors cannot exist if you want good PR results. For example, last year, one of my clients (and large employer) announced the decision to relocate its corporate headquarters to downtown Memphis. The CEO, COO, CFO, and legal team made everybody—including me—sign a non-disclosure. I had the pleasure of coordinating the press for the announcement and the event we held onsite. That was a difficult “secret” to keep quiet, but we did it, and that’s proof that companies can indeed control when big news gets announced, how it’s announced, and to whom it’s announced.
  • Telling a story well through both traditional and social: I think social media has given us the transparency we need to find real, truthful information and has forced companies and organizations to be more diligent about being truthful. My dad always told me that if you tell the truth all the time, you never have to worry about telling a story—a powerful lesson. Social media gives us great channels to be truthful and to be transparent. Social media has changed PR in many positive ways, and I think that the positives far outweigh the negatives. All of this is why companies need to already be “in” the game of social. Establish your footprint and tell your story, so that when you have to defend yourself in a crisis, you can. As my good friend and social media consultant @GlenGilmore says, “Build your tribe before you need it.” And believe me, one day you will need it.

Thanks for reading this, and I’d love to hear how social media has helped or hurt you in a crisis.

Social Media and the News

By John Foley, Jr., Chief Executive/Marketing Officer at Grow Socially

Just 140 characters—140 strikes on the keyboard by thousands of people in a few-hour span was the culmination of one of the biggest news stories of this generation. When Osama bin Laden was killed, Twitter, among other social media sites, became the catalyst for a national frenzy.

“Twitter says bin Laden’s death generated the highest sustained rate of tweets ever,” according to an NPR release. “From 10:45 p.m. on Sunday to 2:20 a.m. on Monday, users pecked out an average of 3,000 tweets per second, according to Twitter. The traffic peaked at 11:00 p.m. on Sunday, minutes before the President’s televised briefing, with 5,106 tweets per second.”

“Twitter users are being credited with breaking the news,” said NPR, “thanks in part to a man in Abbottabad, Pakistan, who tweeted the details of the U.S. raid on bin Laden’s compound as they unfolded near his home (he was prompted by the sound of helicopters and gunfire but hadn’t known the reason for the commotion). Within moments, the man gained 14,000 followers.”

“If anyone isn’t a believer in Twitter as an amazingly powerful news vehicle, last night should convert you,” tweeted Chris Cillizza of the Washington Post’s political website, “The Fix,” the day after bin Laden’s death.

Also consider the recent tragedy in Joplin, Missouri. The tornado-torn town has been a hotbed for social media coverage. There have been videos uploaded to YouTube chronicling the destruction. And Flickr has seen an influx of photos from the natural disaster.

Facebook has also been a critical forum in Missouri. Jen Lee Reeves of KOMU radio wrote on MediaShift about the impact her station’s Facebook page has been having in the tornado’s wake. “My newsroom’s normally local-focused Facebook page quickly became a clearinghouse for updates about how mid-Missouri could help the tornado-ravaged community,” said Reeves. “Fans are using the page now to share news, photos, videos, information on relief efforts, and in general to connect with each other in a time of crisis.”

The tornadoes in Western Massachusetts also were chronicled in social media. Photos and videos were uploaded simultaneously as the area was hit with the unfamiliar and unforgiving weather.

Social media is tremendously successful when used as a reactive tool to breaking news stories. It has also become a consistent political podium, always open for announcements for anyone who feels like they have something to say. For example, Newt Gingrich announced his candidacy for the 2012 Presidential race on Facebook and Twitter, and he also released a web video. Even more recently, Mitt Romney released a YouTube video explaining his intentions to run for President, one week after tweeting a desire to run again.

Social media’s legitimacy is skyrocketing. Internationally relevant political news has been broken by social media, and one can’t help but take notice.

The gravity of these stories is immense. We condense them into a Facebook status or a 140-character tweet. This does not diminish the importance of the events; rather it amplifies it. We have taken our social networks and made them the fastest possible avenue for our news.