Being McNaughty: McDonalds v. McFest

Lauren McClusky, 19, raised more than $30,000 for the Chicago chapter of the Special Olympics by hosting a series of McFest concerts in 2007 and 2008. In 2009, she had to use those funds for attorney fees after McDonald's Corp. laid claim to all things "Mc."

It doesn't matter that McClusky's mark, which was filed in June 2008, and published for opposition in February 2009, bears no resemblance to the golden arches. McDonald's has taken the position that "McFest" is similar enough to the brand name McDonald's and its family of 'Mc' trademarks that it is likely to cause confusion under trademark standards and/or dilute its valuable trademark rights.

Based on the illustrations above, it seems to be a slow day for McDonald's attorneys. Primarily in the last ten years, McDonald's has indeed filed dozens of trademark applications for "Mc" names and various combinations with the letter "M." Many of those names (such as McPick, McMax, MCDTV, McMiracle Field) are all dead; cancelled or abandoned. So what makes this one different?

"We have made several attempts to resolve this matter amicably, because we recognize this event is for charity fund-raising," said Ashlee Yingling, spokesperson for McDonalds, in a statement to NBC Chicago. "We have offered to help the event organizers cover costs in selecting a new name for their event; we have suggested other variations of this word that they could use."

Unrelated names don't dilute brands, but poorly thought out legal action might.

The majority of stories and posts centered on this trademark scuffle are largely negative, especially in Chicago. The Consumerist asks Are all things "Mc," automatically McDonald's? The Chicago Sun-Times points out that McDonald's has deep pockets for a legal fight. And Market Watch might have investors wondering why MCD would waste potential McDividends.

That is not to say all the stories are negative. The Legal Satyricion sides with the corporate claim, arguing that McDonald's has not filed to prevent the name from being used. It merely filed an opposition to McClusky’s attempt to secure a trademark registration for “McFest.” Boo hoo McClusky, they said.

While it is a good point (and I'm not an attorney), the opposition could become boo hoo for McDonald's. A ruling against the opposition, which could happen given McClusky's name also has an "Mc" and she is not entering a competing service (like a restaurant chain), potentially opens the doors for more "Mc" usage, not less.

At minimum, there is that public relations cost to consider. While companies have every right to protect their brands, it seems to me that the only one making the connection that McFest would have anything to do with McDonald's is McDonald's. And now, because of the publicity around the opposition, the company has created the implication that the two are somehow connected. They weren't.

So, legal questions aside, one has to wonder whether McDonald's is diluting its own brand at a time when it is much more prudent to keep focusing on those fourth quarter profits (up 23 percent). It could have been just as easy to allow "MC FEST," which was limited to a company organizing, arranging, conducting, and producing concerts and live events, to peacefully coexist. And, given the charity, McDonald's may have elevated the brand by eventually supporting the teen.

Shopping For Moms: Retail Turns To The Net

A recent analysis of moms in the marketplace, All About Moms: A RAMA/BIGresearch Initiative, solidifies the growing importance of social media among B2C businesses. In some ways, social networks and social media sites are evolving to become the content-connection-catalog-coupon books.

"Retailers who aren’t engaging customers through social media could be missing the boat,” said Mike Gatti, executive director for RAMA. “Twitter, Facebook and blogs are becoming increasingly popular with moms as they search for coupons or deals and keep in touch with loved ones. The web provides efficient, convenient ways for brands to stay in front of their most loyal shoppers and attract new ones.”

According to the survey, surfing the Internet and checking e-mail was was on par with watching television while other media consumption such as listening to the radio, reading a magazine, reading the newspaper ranked considerably lower among weekly media usage. In fact, moms tend to be more engaged online than 18+ adults, outpacing the general population on regularly and occasionally participating on social networks and blogs.

Moms Social Network Preference

• 60 percent of moms use Facebook; 50 percent 18+ adults
• 42 percent use MySpace; 35 percent 18+ adults
• 16.5 percent use Twitter; 15 percent 18+ adults

Moms Read, Post, And Maintain Blogs

• 51 percent read blogs; 46 percent 18+ adults
• 28 percent comment on blogs; 23 percent 18+ adults
• 15 percent maintain their own blogs; 13 percent 18+ adults

More significant than the raw numbers themselves, 97.2 percent of moms said they give advice to others about products or services and are very likely to seek it, with 93.6 percent saying they ask advice before making their final decision. Sharing advice tends to take place on social networks.

While moms tend to be more tech engaged than the general public, it does not mean they welcome intrusive marketing. A large majority (66.5%) consider text message marketing and voicemail marketing an invasion of privacy. They prefer product samples to be mailed, but in-store samples tend to have more influence.

The survey also ranked popular cable networks, magazines, and newspapers. The study was released by The Retail Advertising and Marketing Association, which is a trade association representing over 1,500 retail companies and their advertising and marketing executives. The full study is available from the National Retail Foundation.

Three Related Conversations About Moms And Marketing

• Marketing to Moms on Facebook Report by Holly Buchanan

• Is Your Marketing On Target For Young Moms by Karen Corrigan

• Marketing To Moms, Marketing With Moms by Kim Moldofsky

Improving Performance: The Weekend Effect At Work?

A new study, published in the January 2010 issue of the Journal of Social and Clinical Psychology, noted that people experience better moods, greater vitality, and fewer aches and pains from Friday evening to Sunday afternoon. Called the "weekend effect" by Richard Ryan, author and professor of psychology at the University of Rochester, the study found that even people with interesting, high status jobs tend to feel happier on the weekend.

"Our findings highlight just how important free time is to an individual's well-being." Ryan said. "Far from frivolous, the relatively unfettered time on weekends provides critical opportunities for bonding with others, exploring interests and relaxing -- basic psychological needs that people should be careful not to crowd out with overwork."

Among the most interesting findings from the study that tracked the moods of 74 adults (ages 18 to 62), was the distinction of whether people felt controlled or autonomous in the tasks they were asked to perform at work or on the weekend. Participants also indicated how close they felt to others present and how competent they perceived themselves to be at their activity.

The results supported a self-determination theory, which suggests that a person's well-being depends largely on autonomy, a sense of competence, and relatedness to others. The takeaway from the weekend effect for business leaders is simple. Affording employees more autonomy and nurturing emotional connections between co-workers could contribute to a greater well-being, competence in performance, and increased productivity.

The study also seems to provide real insight into why the right corporate culture can propel companies forward or how organizational leaders, internal communicators, and individuals can make a difference in the workplace.

Defining The Organizational Culture

• Organizational Clarity. Almost every successful model works toward establishing a vision, mission, and values to produce such clarity. However, where companies sometimes undervalue the mechanisms that contribute to the brand or corporate culture is that they forget to make every member of the team part of the planning process.

• Decision Making. As the study suggests, increasing autonomy across all positions can contribute to a better sense of well-being within a company. Generally, the biggest barrier for companies to overcome is eliminating the fear of failure, especially when employees are concerned about their jobs. In developing organizational charts, leaders might want to clearly define areas where employees can empower themselves within the workplace by allowing them to make decisions after any mandatories are complete.

• Organizational Communication. Earlier this week, there was an article that revealed almost 90 percent of UK councils block employee social media access (hat tip: Shel Holtz). The blocking often stems from fear that social media could reduce employee productivity. However, social media and social networks can be employed differently. With guidance, they can be used to bust silos (isolated departments) and help reestablish the free flow of information between employees.

• Management Style. We've been integrating leadership communication into the mix for the better part of two years. In doing so, many posts reinforce a concept that some companies seem to have forgotten: leadership moves people forward; management tends to regulate. In other words, authoritarian styles tend to be counterproductive, especially among younger generations that grew up with a greater sense of autonomy.

• Human Resource Development. If there are any trends that we would like to see developing out of the recession, it would be an increased effort to break down any barriers between human resources and corporate or internal communication. Whereas human resources can host development workshops, corporate and internal communication departments could develop joint communication projects that benefit workers between such sessions. The goal here, once again, would be to create a corporate culture that encourages autonomy, a sense of competence, and relatedness to others.

Of course, I don't subscribe to the concept that individuals should wait for employers to lead. So in looking over this five-point list, it seems some individuals might find ways to adopt these principles on their own.

In other words, individuals can improve their own sense of performance and well-being at work by defining their role within the company; making decisions based on how they react and respond to their environment; reaching out to colleagues in other departments when the need arrises; adjusting their own outlook to take on leadership qualities in dealing with others; and pursuing their own professional development sessions outside of work.

In that case, even if the work environment doesn't feel changed, individuals can improve their outlook or perhaps prepare themselves for a more rewarding experience at a company where such traits are admired. The choice is yours.

Considering Multimedia: What Is Possible?

After having a great conversation regarding broadcast-television convergence with David Schepp, business news reporter (DailyFinance, Dow Jones, BBC News and Gannett), the subject has been on my mind again for the better part of the week.

Then today, my longtime friend Amy Vernon sent me an update on Boxee, which announced it will be launching a payment platform this summer. If you are unfamiliar with Boxee, it defines itself as a social media center that allows you to play videos, music, and pictures from your computer, local network, and the Internet on your television. The significance of such cannot be understated.

There will be no distinction between media and online media, right around the corner.

While some people consider Internet television the fourth method of distribution (alongside cable, satellite, IPTV) for broadcast and premium content, it really represents the singular distribution model of the future. For some smart phone purchasers, it's already difficult to distinguish the Internet from mobile.

The transition, which will continue to accelerate, will cause disruption because it places every distributor and service provider — AT&T, Boxee, Comcast, Charter, Cox, DirectTV, Sprint, Time Warner, Verizon, (to name a few) — in the same industry, with the only distinction being content creator or distributor/service provider (and even then those distinctions might overlap). It may also mean a contraction in related industries as it becomes more difficult for companies to ask consumers to pay for four services — phone, mobile, television, and Internet — that are being carried on what is essentially the same network.

What will the future look like? It seems crystal clear.

As a I told Schepp, the future will likely allow for our mobile devices to carry our preferences (and some content, as they do now) and then, once plugged in to another docking station, automatically pull up a customized desktop screen tailored to that device.

Specifically, I dock my iPhone (or whatever) to the television and all my preferred settings will be ported to the device. When I dock it to my desktop or laptop computer at work, ditto. When I dock it to my car stereo, I choose from my playlist or satellite radio. Calls and text messages can come through all devices, depending on my settings (which is important to anyone who has had a movie interrupted by a telephone call). It's simple, effective, and changes our thinking.

Online ... offline ... it all means communication and/or entertainment and/or mobile.

What does that mean for communication professionals?

While we're working on models that help companies better integrate social media into comprehensive communication, most of them are temporary five- to ten-year fixes. Just as the broadcast-mobile-Internet-cable mash up promises to erase our understanding of those industries, I anticipate there won't be any distinction between public relations, advertising, etc. It will all be communication, distinguished (perhaps) by previous world views.

Organizational communication will have to change, especially if consumers adopt a pay-for consumption only model, which could preclude advertising from the mix beyond product placement and peripheral marketing. (For example, maybe a customer becomes interested in the car their favorite character drives. One click and their programming could pause or be bookmarked for a future visit to the manufacturer's Web site. Another click inside the car, and GPS technology maps out the closest dealer or, perhaps, the one with the best deal).

Or, maybe, some companies will become content creators (with programs related to their products), competing with amateurs and production/broadcast companies or simply running alongside them as another option. Some of the better YouTube productions have already demonstrated the potential for advertainment, assuming we get more than an infomercial.

The applications are as endless as the imagination.

For me, the only thing more exciting than entertainment and communication changes ahead are the real life applications in areas such as education. When every classroom becomes a potential studio audience as it is streamed live across the Web (and any handouts are released to portable devices such as smart phones or tablets), it could potentially erase the barriers for higher education, with the most common barriers being proximity (physical location) and price points (mass audiences could reduce the current per credit rates).

What else? Anything is probable, but we can expect the road to be as bumpy as the transition from horses to horseless carriages or couriers to telephones. And speaking of phones ... have you thought about mobile lately?

Integrating Communication: PR-Driven Social Media

There are many ways to integrate social media into organizational communication and any model has a number of variables that would be unique to the organization. However, there is one common denominator. Integration requires thinking different.

In developing a working model to integrate social media into a public relations-driven communication plan*, experience has shown that social media tends to be too cumbersome for most public relations departments (and outside firms) to manage it like another bullet item under the laundry list of services adopted as public relations.

Sure, it can be done. It just doesn't seem to be done well very often.

From our experience, there are several tangible reasons to maintain some separation between the two communication roles as they work in tandem. First and foremost, social media, which mostly consists of two-way direct to public communication, tends to drive public relations away from its core function and world view. The result tends to produce one-way broadcast (spam) communication across social channels, customers being pushed off for lack of "influence," and time management issues related to the ratio of customers/bloggers as opposed to journalists.

*We'll cover other industry-driven models in the weeks ahead.

A Public Relations-Driven Social Media Model

The above illustration isn't theoretical. It was applied to a producer-managed theatrical release and build up to the home distribution release of an independent film by Sony. (For the purposes of post, we've removed the management paths which placed our role over five public relations firms while managing all aspects of the social media program).

In this model, public relations manages the public relations functions and social media manages social media functions, with some obvious areas for crossover communication. For simplicity, I'll break each team's role down to primary functions and then reinforce some shared functions.

Public Relations.

• Managing media relations, which includes press releases, interview pitches, and demonstrations. The function is designed to generate increased exposure. It's mostly one-way communication with journalists vetting information, tailoring content to meet the needs of their readers, and writing opinion-editorial pieces.

• Public outreach, which includes programs and communication materials for special publics (e.g., associations, special interest groups, unions, etc.) as well as direct to public communication and/or publicity. It's mostly one-way communication, with either group leaders informing members or the public receiving information.

• Blogger outreach, which includes either adding popular bloggers within the media relations mix or working with bloggers who have been referred by the social media team because they have special needs that are similar to journalists (such as requesting specific interviews, etc.).

Social Media.

• Maintain, manage, and promote the organization's blog. This may include market intelligence (which is shared with the public relations team), but primarily consists of content development and content distribution that adds value for customers. While blogs are presentation oriented, they do provide for two-way communication.

• Maintain, manage, and develop the organization's social networks. This includes online programs and information sharing that nurtures true engagement and two-way communication in real time. It may also include identifying forums beyond popular social networks where people ask questions that need to be answered. And, in this model, we allowed for advertising support specifically designed to drive customers toward networks where they can be engaged.

• Blogger outreach occurs directly and indirectly as bloggers may source content from the organization's blog or develop relationships with the social media team via any number of social networks. The benefit for the public relations team is that a social media team can determine which bloggers have information requests or require support more like a journalist.

Shared Functions.

• Blogger outreach, as mentioned above, works best with a public relations driven communication plan when the function is shared by public relations and social media. In effect, this approach allows the social media team to meet the daily needs (and recognition) of bloggers while referring bloggers with special needs (such as an interview request) to the public relations team.

• Since social media is its own environment, communication tends to be fluid. Journalists don't alway find stories via press releases or pitches. Story ideas and angles might develop from reading industry blogs, reading the organization's blog, or because most journalists are also members of various social networks.

• Research is also a shared function of both teams. While public relations has an obligation to track and analyze trends within specific markets, publics, or industries, social media professionals also track and analyze trends and sentiment via networks, blogs, and search engines.

Model Summation.

In summation, this model represents an approach to communication that allows for a series of direct and indirect one-way and two-way communication streams and engagement opportunities. The end result of an integrated strategy, assuming the communication is consistent, allows for a message to reach the public from multiple sources, provide multiple opportunities to verify or validate that message, and encourages direct engagement for the long term.

This is a much more powerful approach than traditional public relations models, especially in regard to media relations. Traditionally, companies relied on their brand, the reputation/relationship of their public relations firm, and the objective or biased reporting of a journalist to reach the public. If mistrust occurred at any point in this linear stream, the organization could be damaged for the life of the story or, in some cases, permanently.

I might add that there is a reason I did not add clear management paths to the model. The reason is simple. Social media fits differently for different companies. In this model, social media could maintain its own autonomous distinction, report to marketing, public relations (provided public relations affords the social media team some autonomy as the functions are largely different), or a more complicated model such as the one we worked on last year.

Tossing Salads: Carl's Jr.

"We're just trying to bring all those people into the fold and allow them to have one-on-one time with Kim." — Brad Rosenberg.

That was how Rosenberg, manager for digital strategy and marketing at Carl's Jr., explained the continuing evolution of Kim Kardashian, a socialite best known for her E! reality show Keeping Up with the Kardashians, as an online spokesperson for its Facebook page.

Except, this time around, Carl's Jr. wasn't looking for 1.9 million YouTube views. It was looking for sales. Customers could only ask questions during the live Facebook "event" with an access code if they purchased a Carl's Jr. salad.

Carl's Jr. says that the premiere event drew 16,000 people who logged on with the code. However, Carl's Jr. also released the code on its Facebook page, allowing more people to ask questions, which precludes the idea that it sold 16,000 salads.

Interestingly enough, capturing some one-on-one time with Kardashian isn't impossible without a salad anyway. Part of her allure is her online presence. You can connect with her on Twitter or read her blog. In fact, most people know you might have better luck reaching her online when 16,000 people aren't vying for her attention over an online lunch date.

Can online personalities attract interest at online events?

It raises an interesting question for traditional agencies attempting to add online personalities into their marketing mix. It makes sense that Kardashian fans would view a new Carl's Jr. commercial. It makes sense that they might like to meet her in person at a Carl's Jr. location. But is there any appeal in connecting with her online when people can already connect to her online?

Unless there is an additional exclusivity hook — such as vetting the "engagement bet" like she did on her blog — it's hard to fathom. In fact, it's more likely Carl's Jr. is introducing Kardashian to its 80,000 Facebook fans (733 of which confirmed their attendance to the first event).

The low response rate is coupled with only about 100 comments on the lunch date tab. Those comments are mixed. They range from Kardashian fans (I love your show) and Carl's Jr. fans (who is she?) to anti-sex comments (love the food, hate the sex ads) and uncensored vulgarity (you'll have to look some of those up yourself).

All in all, it doesn't seem to add up well. While Kardashian is apparently cool online, it doesn't make Carl's Jr. cool to host an event on a network where fans already have access. Much more valuable is simply owning some of her social media real estate, which Carl's Jr. already does.

Carl's Jr. will have to work harder than that to make up for entering social media relatively late in the game. It also seems less likely selling sex won't have as much power for the chain as it did in the mainstream media.

Why? Agencies used sex as a cheap and least creative way to cut through the interruption clutter via mainstream media. It tended to work for Carl's Jr. as part of its brand without ever being perverse (as Burger King comes across).

However, online is different. People tend to look for what they want. And most people don't look for sex when they want a salad or a salad when they want sex. That doesn't mean Kardashian is a bad pick for Carl's Jr. It only means they don't seem to have an agency that can make it really work for them. At least, not yet.