Branding Term Primer: iPhone

According to BusinessWeek, Cisco Systems Inc.'s global brand value tops $17,532 million whereas Apple Inc.'s global brand value is $9,130 million. Both have seen gains in the last year, with Apple moving up almost 14 percent.

With Cisco now suing Apple over use of the name "iPhone," something I intend to dig deeper into on Tuesday, the terminology might get a little muddled, given that people in the communication and advertising industry often use pertinent terms interchangeably without meaning to (myself included). Here's a quick term primer that might help keep it straight:

1. A brand refers to the general impression of a person, place, or company (total global awareness of the brand, along with the net sum of positive and negative impressions).

2. A logo is the design and/or name that represents the brand.

3. A trademark is a logo and/or name that has been registered with the United States Patent and Trademark Office or other government trademark offices.

4. A mark is the design element of the logo, apart from the name (eg. the Nike swoosh).

5. An identity is the presentation of company's communication material, which usually includes the logo (eg. an identity package).

This may be helpful in the months ahead as Cisco and Apple spend millions of dollars in a high-stakes legal battle over the "iPhone" trademark. However, if it gets equally ugly outside of the courtroom, the trademark may cause both companies "brand" damage.

Helping Companies Help People: NBCB

There are many bloggers (and companies) who want to change the world, hopefully for the better. Their reasons, motives, and methods are as different as the variety of causes they take up, whether it is within their community, industry, interests, or something else entirely, like tracking the seemingly infinite details in the life of Britney Spears. That's okay too.

My point is that everyone is passionate about something and, with luck, that passion will lead you to answer one of the most important questions you can ask yourself: is my fundamental motivation as a person to be a beneficial presence in the world … in the lives of all those I touch, whether it be at home, at work, in the community, and on the Internet?

It's not a trick question. I am not alluding to any myriad of issues, critiques, politics, religion, and whatnot. Nor am I asking anyone to ask it of someone else. It's a personal question void of all that. With luck, you can answer “I hope so.”

In June 2002, a diverse group of business leaders came together to create Business Strengthening America (BSA), which established a self-directed, multi-year, peer-to-peer effort to engage thousands of America's business leaders in a campaign to encourage civic engagement and service. If you visit the site, you'll see it's largely static, with the freshest content dating back to 2003. What is not static, however, is the idea nor are the hundreds of non-profit endeavors of more than 700 companies and business organizations that joined BSA years ago.

Much more active and up-to-date is USA Freedom Corps, which is an excellent resource for individuals who want to become involved in something. It's endorsed by President George W. Bush, but you don't have to like him to appreciate the larger body of work. In fact, a good part of the concept came from AmeriCorps, which was the one program that President Bill Clinton (it's okay, you don't have to like him either) asked President Bush to keep around. On that, they agreed, even if their parties did not.

Anyway, I know a little about AmeriCorps because I serve as a state commissioner in Nevada. My experience on this commission as well as dozens of other non-pofit organizations and associations is what drives me to maintain another, much less read, blog called the Nevada Business Community Blog. In truth, it's probably less of blog than a newsfeed, highlighting at least one company's charitable action every day (with luck).

The blog doesn't take much effort, really. And, I would strongly support anyone duplicating the idea in their home state: a community web log and news feed for businesses releasing information about their non-profit contributions and volunteer efforts. Why? Well, there really are many ways to change the world and by sharing a daily example of business giving, it might inspire more companies to do so. After all, strategic philanthropy, a concept and practice of business giving has existed in the United States since the early 1950s, has always received a return that exceeds investment. Some companies just don't know that. They also don't know that, if done correctly, strategic philanthropy fits nicely into a strategic communication plan.

Who knows? Perhaps business giving could even inspire some employees (or other interested individuals) to funnel some of their more creative passions into other activities that have a direct, positive, and lasting impact on people, animals, the environment, or whatever else they might think up. I've taken up a few over the years; too many sometimes, I am told. But that's not so bad.

You see, I always hope such efforts (even when I use a living case study in communication as an example on this blog) will eventually lead me to the same answer at the end of the day, a chance to say “I hope so.”

Protecting Free Speech: ABC/Disney

Believe it or not, the public relations arms of KSFO, ABC, and Disney can learn a lot from Jason Goldberg.

Sure, everyone knows that I tossed in my fair share of communication flack about how Jobster handled its crisis communication situation (not enough, it seems, to warrant a hit), but I also believe in giving credit where credit is due. Although Goldberg seemed to create his own “blogswarm,” largely spurred by his own posts, he didn’t hide from it. He talked about it.

KSFO, ABC, and Disney aren't talking. When Online Media Daily asked, Julie Hoover, a spokeswoman for ABC Radio, declined to comment. Brian Sussman, the KSFO radio talk host under fire, told CBS 5 by e-mail that he is not doing any interviews about the broadcasts. As much as I have searched, none of the stations and companies under fire has really said anything.

Public Relations 101 says “no comment” is an admission of guilt, unless you clarify. There are several instances when it is permissible not to comment, the most obvious that could have been used in this instance: legal counsel has advised against communicating on that subject while the matter is before the courts or pending court action. Unfortunately, they missed it, along with the most basic truth that their misguided nemesis preaches censorship above all else.

If you take the time to read his pained posts, you’ll see a consistent story: this guy has tried everything, including government intervention through the FCC, to shut down one talk show host after the next. Failing to impact the higher-rated hosts, he finally found some wiggle room at KSFO.

As much as I think it was wrong for Internet provider 1&1 to cancel his account for reasons already mentioned, it is equally wrong to think that this “offended” blogger represents the spirit of the First Amendment. I suggest he hit the books and study up, starting with Ray Bradbury:

“… minorities, each ripping a page or paragraph from a book, until one day the books were empty and the minds were shut and libraries were closed.” — Ray Bradbury, Fahrenheit 451

While I might not be an attorney, I do know a few things about the First Amendment and have been directly and indirectly involved in several productive free speech cases over the years, including the amicus brief taken up by the American Civil Liberties Union (ACLU) in 1996, which was one of the first real landmark actions in preserving a poster’s intellectual property rights from Internet providers by defining them as passive carriers as opposed to publishers. It also prompted America Online to provide a free speech area, monitored by the ACLU, that was not subject to the company’s terms of service.

Back then, a few years before the term “blog” first graced the pages of the Internet, I spent ample free time attempting to educate people on merits of free speech, frequently citing one of the best quotes on the subject by Charles Bradlaugh, who warned us: “Better a thousand abuses of free speech than the denial of free speech. The abuse dies in a day, but the denial stays in the life of people.”

How true is that. And how sad it is that KSFO, ABC, and Disney have yet to make the case that maybe, just maybe, despite their ill-advised legal letter (note: the threat of legal action and actual legal action are light years apart) from a public relations perspective, KSFO needs some First Amendment protection. How interesting would it be to see the Electronic Frontier Foundation and ACLU face off on the issue? I’m all for that as long as the risk doesn’t wack away another piece of "fair use."

Of course, if KSFO, ABC, and Disney are not inclined to wrap themselves up in the Bill of Rights, then they should drop any legal action all together. Sure, some folks will toast to being triumphant for a day, but will quickly become irrelevant without the lawsuit. Or maybe, you can take a page from the AOL case and host a blog for bashing Sussman. (Once AOL folks had a free speech area, few, if any, posted.)

I suspect this guy is the same. Sure, he has a right to complain about this and that with speech that I find no less hateful than his so-called “right wing prosecutors,” but his agenda is hardly pure with today’s post entitled “Their time is over,” meaning people with a contrary view to his own. Likewise, his personal quote — which once read “I just want a piece of the action,” er, until he noticed that being a public figure for 15 minutes isn’t as easy as being an anonymous blogger — revealed. It was deleted this morning. Go figure.

So is the glass half full or half empty? I suggested ice.

Learning From Social Media: Spocko

Much has already been written about Spocko vs. ABC/Disney so I almost passed by this page in social media history. But then I scanned the various posts and saw something missing from most of them. With all the backlash aimed at ABC/Disney, the missing link seems to be 1&1, an Internet provider.

Sure, Disney had sent a cease and desist letter to 1&1 about Spocko's Brain, but 1&1 took action, not Disney. And that's not good for anyone, with consequences that reach much further than Disney's misguided attempt to silence a critic. (It's not the first time they've failed at it.)

You see, for a long time now, most Internet providers have been extremely careful to label themselves as distributors, which, simply put, provides them a certain amount of legal protection to avoid getting caught in any content crossfires. It can be likened to the United States Postal Service, which cannot be sued for the magazine that arrives in your mailbox, or your cable company if you prefer.

Of all people, Andreas Gauger, 1&1 chairman of the board, Ralph Dommermuth (now CEO of United Internet, the public parent company of 1&1), and Achim Weiss (now CTO of 1&1) should know this, given that they handle about 5.87 million customers and 7.2 million domain names worldwide (minus 1). Or maybe they don't, given that they are a relatively new player to the United States, crossing over from Europe.

As a provider, the allure of 1&1 is relatively cheap Web hosting services and its big break into the US market by offering three years of service for free in 2004. I guess the old adage "you get what you pay for" is true. Despite a significant net worth and global presence, 1&1 barely blinked before buckling to ABC/Disney, potentially damaging every other Internet provider in the world by making them unnecessarily responsible for content.

Look, I am not saying it was prudent of ABC/Disney to send the letter to begin with, but I also appreciate that companies and public figures do it all the time. They send letters to various publishers and editors, sometimes from their lawyers, saying cease this and desist that and "oogie boogie no advertising dollars for you."

To that end, Spocko and other bloggers could learn a lot from print publishers, who are a bit more familiar with fair use and whatnot. As a blogger, always be prepared to face the reality of blogging: you're a publisher with much less overhead, but not necessarily much less risk.

Any time you critique people, someone is going to try to shut you down. In fact, when you get down to it, that is what Spocko was trying to do in the first place: shut down KSFO's morning talk show because he didn't like what they were saying. In some ways, ABC/Disney just followed suit by shutting Spocko down, temporarily, sort of, not really.

I suppose I might clarify that I'm talking about "what is" and my personal take on the situation is a bit different, but not much. You see, I believe very strongly in the First Amendment and have been an activist on that front more times than I care to talk about.

But as a First Amendment advocate, I think of this mess a bit differently. First and foremost, I don't particularly care for what I heard listening to clips from these so-called "right-wing" talk radio hosts, but then again, I don't begrudge anyone their right to act like idiots as these drive-time hosts obviously do. It's a shame that listeners support the show by driving up the numbers, but I don't pick what people play on their radios.

I also believe very strongly that Spocko had every right to critique the show in the court of public opinion, even by using clips to illustrate the point. And given what Spocko wrote, I think that advertisers had a right to buy or pull their ads based on that, because frankly, most just buy the numbers until someone tells them what they are buying. I don't agree with forcing people to be "PC" — and that is a personal choice.

Anyway, given Spocko was targeting advertisers in an attempt to censor KSFO, I suppose ABC/Disney had every right to try to take action too, even as ill-advised as that action was (because it led to suicide by public relations in what is being labeled "David vs. Goliath" as opposed to "Will the real censor please stand up...").

So that leaves us with 1&1. If 1&1 wants to continue to increase its presence in the United States, it needs to learn not to knuckle under the pressure of a legal letter.

While I am not an attorney and appreciate this is still being sorted out in some sectors, I believe Internet providers in this country owe it to themselves and their customers to be carriers, with each blogger solely responsible for his or her content. Shame on 1&1 for not sticking by what seems to me to be the single most important definition of Internet content in the last decade.

Likewise, kudos for "The Daily Kos," along with YouTube, Blogintegrity, Firedoglake, and others for trying to teach Mr. Gauger that he is not a publisher. His customers are publishers. Let's keep it that way.

As for ABC/Disney, I'm tracking this as a living case study to see how it handles the fallout. That's more telling than a legal letter that worked, temporarily, sort of, maybe.

Then again, at the end of the day, I think ABC/Disney would have been better off limiting any legal letters to only Spocko so Spocko could have it framed and then blogged about it. Better yet, the radio hosts that went crying to their bosses might have used the airwaves to talk about Spocko's plight to make the world PC. Had that happened, this might have remained a regional story instead of potentially impacting us all.

Branding Agreement Soon: iPhone

On December 19, I posted about a potential brand war over the trademark "iPhone" shortly after Linksys (a division of Cisco Systems, Inc.) launched an "iPhone" family of products.

Reuters reported that Cisco Systems Inc. expects to reach an agreement with Apple Computer Inc. later today on its "iPhone" trademark. They said it shortly after Apple unveiled a phone with the same name.

So why would Cisco reach an agreement with Apple after fending off so many foes from grabbing up the "iPhone" brand? In the December post, I said that Apple would be wise to sit this one out (they did for awhile without comment), letting others fight it out for the right to use a trademark that Apple might not own, but clearly dominates. Today, Steve Jobs showed the world how much it dominates "i" anything by releasing the product before any agreement was signed.

While Apple could have easily called it something else, I am not surprised. Apple is no stranger to the value of a brand nor litigation over brands. In fact, Apple's earliest court action dates to 1978 when Apple Records, The Beatles-founded record label, filed suit against Apple Computer for trademark infringement, a case that has resurfaced several times over the last few decades. You can read more about it at Wikipedia.

It just goes to show you that — right, wrong, or indifferent — owning a trademark and owning a brand are two different things. And today, it's very obvious that Apple knows it too. Clearly, Cisco does too.

Missing News Opportunities: TalentZoo

Yesterday, I called Talent Zoo's "press release" a demonstration in communication ignorance, largely because it failed to meet any measurable objective and partly because it was in poor taste. More than anything, it was a missed opportunity that could have captured a few headlines.

No one really cared, except John Cook gave it a comment-less mention, probably because proximity is one of the many ingredients that journalists use to define news. Really, it would not have been difficult, in an industry that estimates more than 50 percent of corporate recruiters have been laid off or reassigned since November 2000, to do a better job.

There is news here. Plain as day. Based on its release, Talent Zoo is one of a handful of recruiters out there that is hiring people instead of laying them off. It's a nice contrast and makes people wonder "What's up with Talent Zoo?"

Except Talent Zoo did not include this in the release. Their communication contrast was between themselves and Jobster. Okay, so they are hiring a few days after Jobster laid people off. Oh yeah, they obviously have a grudge against Jobster, which seems more memorable than the mention that they are "aggressively" hiring 20 people.

The release gets worse before it gets better. Here are a few gems (ignoring grammar and usage errors):

"Talent Zoo’s growth has come largely due to increased employment needs among marketing, advertising, and public relations companies." Translation: We're lucky to have picked the right niche, um, unlike Jobster, who we don't like.

Personally, I would have placed more emphasis on the fact, according to Talent Zoo, that "both job boards and recruiting firms typically fail to offer the services of the other" while Talent Zoo does. Certainly, there is a better way to write this too.

"'Our strategy has always been to steadily grow our business by filling customer needs with superior products and services,' says Rick Myers, founder and CEO of Talent Zoo.” Translation: We lifted this off a thousand other company news releases because it sounds slick, even if it doesn't mean anything.

"Myers attributes Talent Zoo’s success to maintaining it’s self-funded existence rather than using venture capitalist financing to grow.” Translation: The company communication folks attribute the growth to the industry, but Myers does not. He says the reason for this growth is because, er, they are not like Jobster. On the plus side, only a few folks invested in us.

“Myers adds, 'I’m sorry to hear about the misfortunes of Jobster’s staff. It always frustrates me to learn about hard working people who lose their jobs. Talent Zoo is always interviewing and we are always interested in talking with anyone, whether they are fresh out of school, on the unemployment line, or just looking to join an exciting and growing company.'" Translation: I can hardly contain my glee, and, oh, by the way, feel free to call me if you worked at Jobster, but don't expect to be hired because we talk to a lot of people, anyone, in fact.

In all, of seven paragraphs, not counting the cutline, six can be directly or indirectly attributed to Talent Zoo talking about Jobster. Not too bad for Jobster, considering it didn't pay anything for all this name recognition in a release that "pokes fun at" but doesn't do any real damage. If anything, Talent Zoo lost some credibility points and the few that read the release ran over to Jobster's Website to learn more about its new direction or potential sale to Monster, if you want to entertain rumors.

Imagine how much more effective the release would have been if Talent Zoo would have stuck to its news: We're growing in an industry that BusinessWeek says is poised for consolidation. We must be doing something right. Hmmm... if they did that, then maybe, just maybe, BusinessWeek would have been interviewing Myers instead of Keith Stemple.

Who knows? If the release had been written better and gained some traction, then Myers could have slipped in some of his bloodlust for Jobster in a national magazine, maybe even a few, during some interviews. Then he would have looked as if he was just commenting on current news or citing one example of a hundred he could have chosen. Maybe, if he was really prepared, he could have struck a death blow, driving negative Jobster impressions through the roof on national television.

Ho hum. Instead, Talent Zoo's release is destined to become a mere footnote in the annals of The Seattle Times and maybe a brief conversation point on how not to write a release in my class at UNLV.

In conclusion, even if the primary objective was to smack Jobster around in the media, the release still fails. On this measure, I liken it to throwing punches in an empty ring and without an audience. Worse, Myers gave all the advantage to Jason Goldberg. Goldberg can choose to ignore it or toss in a much harder-hitting punch at his leisure. Either way, Goldberg wins.

I dare say, had it happened differently, Talent Zoo may have gained some recognition, made some money, and the recruiting industry's wrestling fans would have been much more entertained.