The Supreme Court is considering a case about poop jokes: Jack Daniel’s vs VIP Products. The case is about whether VIP Products infringed upon the whiskey maker’s trademarked bottle shape and label when it sold a toy named “Bad Spaniels”. There is copy on the bottle about a dog dropping “the old No.2 on your Tennessee carpet.”

Sounds like a pretty silly case already!

“Jack Daniel’s loves dogs and appreciates a good joke as much as anyone. But Jack Daniel’s likes its customers even more and doesn’t want them confused or associating its fine whiskey with dog poop.”

The real question is how to balance the needs of the marketplace with the demands of free speech. Trademark law in our industry, which gives companies an exclusive right to use the imagery associated with their brand to market their products, necessarily limits free speech.

Federal trademark law sometimes permits companies to sell products that parody a famous trademark – you would think that this is the case here. Most consumers are smart enough to tell the difference between an authentic product and a joke seeking to mock or ridicule that product.

There was also a previous case Louis Vuitton v. Haute Diggity Dog, which involved dog toys make to look like handbags. But they didn’t associate their product with feces.

It will be interesting to see what happens, but it is unlikely that a judge will come up with a better way of protecting both companies’ interests. I certainly wouldn’t want a parody of MEDiAHEAD going around!

You can learn more about the case here.

By Kat McDaniel, Principal at MEDiAHEAD

We do a lot of client gifting around here, but since the start of COVID we’ve witnessed a shift towards gifts being sent to employees. It’s a welcome change and really warms our hearts! We get so much feedback about how much they’ve enjoyed the packages. It makes employees happy that their employer showed them gratitude for hanging in there and rolling with the punches amidst all of the uncertainty these days.

The act of putting together these packages got me thinking about why sending thoughtful correspondence like this matters, and why care packages are a useful relationship maintenance tool.

All relationships require maintenance.

This is especially important for long-distance relationships and while we’re working remotely. Care packages can help maintain a relationship over long distances and start new ones for employees that are being onboarded during the pandemic. Research has shown the importance of maintaining relationships for our health and happiness, especially when we’re all feeling so isolated. Relationships that are well maintained are more satisfying – the people in them report higher commitment and like each other more.

Relationship maintenance takes many forms, including open communication and assurances or telling an employee that you care about them. The act of sending a package communicates not only caring, but that you were thinking of them and took time out of your busy life to send them something meaningful. Sending letters containing words of encouragement can communicate emotional support. Sending money or gift cards for restaurants your employee enjoys or stores you know your employee needs to buy things from is a form of tangible support. If you include a handwritten letter or card, sharing this way is engaging in open communication which can help you feel closer to those who are working remotely and can help build and deepen a relationship.

An Example from a Bank

One large bank based in Kansas City sent out 2,200 packages to show “Our Heartfelt Appreciation.” They included a locally made personalized face mask to let their employees know “We’ve got you covered,” popcorn so they could “enjoy a virtual pop and popcorn with your team,” and a branded mug with The Roasterie coffee and tea to say “Thank you for staying grounded in our shared commitment to our core values.” I think it was so thoughtful that they also chose all local vendors to execute this project!

Funny story… I got a call last week from a woman who demanded to know why MEDiAHEAD had sent her a box – she was really angry because she hadn’t ordered anything from us! I asked her if she was employed by this particular bank. When she said yes, I told her it was a good thing – her bosses had sent her a lovely “care” package.

The Element of Surprise

One of the reasons care packages are so satisfying is that they contain an element of surprise at both receiving the package and uncovering what is inside. Surprise for many is a key component of joy. Care packages also require planning and thoughtfulness. Sending one lets someone know you are thinking of them. I LOVE getting a surprise in the mail!

We recently worked with Sheri at Smart Cookies on a project for veterinarians – she baked 3,000 chocolate chip cookies for us in one week. I have to admit that we ate quite a few extras while we were packing, they were irresistible! (smartcookiesbakery.com is another great local vendor). The client wanted to convey “during these tough times, we wanted to reach out and say thank you for all you do for the patients in your care. Enjoy these treats, and know we’re always thinking about you.”

Not Just for Business

Personally, we can also cheer up a friend when they’re down or give them an ego-boost during these trying times. Supportive words like these can be included in a card inside of a care package that you curate for them. Send a friend a coffee shop gift card when you know they need the extra energy boost – care packages are tools for expressing nonverbal affection to complement verbal support you’ve given over the phone or video chat.

My absolute favorite care package last week included home deliveries.

We just finished a portal for a client and their CMO asked if I would frame the cover of their latest magazine for her team members and deliver it with cards she mailed to me, and coffee and donuts. We had worked on their portal remotely all through the pandemic – they wanted to surprise their sales team at their annual meeting a few weeks ago. It was so fun to see all the team members in person after all those emails and zooms.

While most people are thankful to be employed during a time when so many are out of work, they’re still facing their own unique challenges while working from home; juggling work deadlines, household responsibilities, and even having to attempt to simultaneously home school their children.

Employers know this is stressful and should show their support for how hard their teams are working.

Do you ever receive or send care packages? If yes, have they improved your relationship with the sender/receiver?
Leave a comment below and let me know!

By Michele Stilwell, Director of Marketing and Accounting at MEDiAHEAD.

Attention Span is Gone

For a long time, we’ve been told that our attention spans are diminishing. There is so much information, so many devices and channels vying for our attention, that we can’t possibly focus on one thing for very long. Combine that with the economic pressures, financial expectations, and the race to keep up in the digital world, and you get something called short-termism.

Short-Termism

Short-termism is fueled by your fixation on metrics, and concentration on quick wins to move the needle. It suggests an immediate, attention-grabbing impact over strategically driven, brand-building initiatives that have a higher long-term ROI. Shorterm-ism is Myopic.

By moving the needle – whether in sales, marketing or social media analytics, the pressure to demonstrate an uptick in growth is relentless. While you may signal towards growth in the short-term, this strategy erodes the underlying brand equity and robs you of a chance at something sustainable.

Build The Brand

If long-term brand building is much more conducive to growth, why do so many people fall in the trap of short-termism? Because brand building is difficult.

We truly demand everything from brands. Consider this quote from Barbara E. Kahn’s book Global Brand Power:

“A brand must be elastic enough to allow for reasonable category and product-line extensions, flexible enough to change with dynamic market conditions, consistent enough so that consumers who travel physically or virtually won’t be confused, and focused enough to provide clear differentiation from the competition. Strong brands are more than globally recognizable; they are critical assets that can make a significant contribution to your company’s bottom line.”

That’s a huge order, but it’s a necessary one if you truly want to grow and focus on long-term brand building.

Angela Richards, KFC’s Group Marketing Director, discussed the importance of creating a lasting emotional connections, even when the immediate goal might be a shot-term tactial one.

“We have a really big innovation funnel and a really strong retail calendar, but for us more recently, that functional retail calendar has morphed so the brand directs the retail calendar – and the brand’s job is to create that emotional connection,” she said.  “It’s okay now to say we are less reliant on new product development to drive those sales, because that emotional connnection of the brand leading the retail calendar is driving core sales and core growth.”

Whether it’s a rush to keep pace with the digital era, the lure of immediate ROI or the importance of brand building, many companies are sacrificing long-term marketing strategy for quick wins.

A balance in today’s world is essential if you want to grow your business.