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If someone threatens to sue you for using a common word, whom would you go to for redress?

Well, if you’re a writer, or a mom-and-pop business owner, you may not be able to afford a team of lawyers. You may not think that a common word such as ‘think’, ‘eat,’ or ‘whisperer’ could get you into the cross-hairs of a team of copyright lawyers. But we live in such times.

Last week I spoke to Bo Mueller-Moore, someone who didn’t understand all of this. Bo is a Vermont-based folk artist who became an accidental T-shirt designer.

We grow kale (as you could see here) in our back yard. This story resonated with me. He comes across as a folksy, genial gentleman who might be the least likely chap to threaten a 1,615-restaurant business.

One of his shirts that he sells (he originally made three for farmer John down the street) read ‘Eat More Kale’. But a corporation began claiming the rights to the words ‘Eat’ and ‘More’ and thought that Eat More Kale would confuse its customers.
Bo has been imprinting t-shirts since 2000, and this is not the first time Chick Fil-A has come after him. (It dropped its earlier case after someone from his town sent them a polite letter saying they were going after the wrong kind of person who was no threat to them.).The company’s product? Chicken sandwiches. Sandwiches!

Last year the lawyers sent him the second cease-and-desist letter. This time Bo decided he was going to fight it another way, in another court –the court of public opinion. Which is located …in the realm of social media.

He took to Facebook, and YouTube, and has garnered thousands of fans.

Now I like Chick-Fil-A, and its sandwiches are one of my daughter’s favorites. But I can’t for the life of me imagine why they would think that a small T-shirt business, especially a short slogan promoting kale would ‘confuse’ me as a customer. Bo’s not a lawyer, but he summarizes his defense as plain and uncomplicated as a head of kale: “You can’t eat anything I sell.”

Oddly enough, while you hear of similar cases (Facebook, apparently tried to own the word ‘book,’ and Apple tried to make claims on the word ‘pod’) others who common English words don’t always get into this kind of trouble. Denny’s restaurant is currently using the word ‘whisperer’ to promote its fare.  The series of videos is called ‘Skillet Whisperer.’ (The word whisperer immediately conjures up the movie Horse Whisperer, doesn’t it?) Some folks in Wisconsin have a website called Eat More Cheese. Now they are definitely in the food category, even though a slice of cheese is a far cry from a piece of chicken.

If I were a PR agency advising Chick-Fil-A, I would tell them stop wasting their budget on expensive legal advice and allocate a tiny portion of that to a dude in the office who would listen to the awkward chicken-unfriendly conversations going out there in the blogosphere.

Better still, it could try to repair the relationship and channel the conversations away from anti-chicken talk. How?

How about a seasonal chicken sandwich with Kale instead of lettuce? That would be a nice gesture to the farmer John’s of this world. It may be wise to look back at how United Airlines got the ‘message’ when Dave Carrol took his story to YouTube, and did an admirable job of tuning in, and toning down the voice of an angry customer plus his millions of fans.

Gimme a grilled, spicy chicken-kale sandwich, Chick Fil-A. I’ll eat mo. I promise!

PS: My wife grows eggplant, parsley, and chilli peppers. On her behalf, eat more eggplant! Eat more chillies! Eat more kale, too!

There are some studies that compare a company’s Twitter profile to a blog.

The 2012 Edelman Trust Barometer study, which I’ve always found to be a fascinating read on where we are in social media practice, had some equally strong indicators as to where traditional and digital media sit on the trust scale.

For instance, trust in company’s web sites are (hold your breath!) up!

So this infographic, which summaries a survey by UK-based Text 100 is a good sidebar to the study. It speaks of engaging journalists using social media.

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There’s has been a great discussion going on about what it takes for someone to edit an article on Wikipedia. I recently received an invitation to a survey of communicators on my experiences with editing wiki entries. Apparently this is connected to a point raised by Phil Gomes of Edelman Digital, who brought this up, creating a Facebook group to think it through. The group is called CREWE –which stands for Corporate Representatives for Ethical Wikipedia Engagement.

The story of who could edit Wikipedia goes back some two years, when Timothy Messer-Kruse tried to edit an article, and was rebuffed –scolded, really — by Wikipedia’s editors.  Read his article here. Messer-Kruse is an author of several books, including one on race relations. In other words, he’s not someone who just popped by Wikipedia and had an ax to grind.

Prior to that, there were more egregious cases where vandals, and  ’trolls’ changed biographies of people or created conflict within the editors.

Fast forward to what CREWE is proposing. There’s a task force of communicators from IABC and PRSA looking into Wikipedia’s policies. I was asked to join, and gladly agreed.

If you are interested in following this development, join the Facebook group. I also came across this page  that summarizes what Wikipedia expects of editors.

  • Subjects require significant coverage in independent reliable sources.
  • Your role is to inform and reference, not promote or sell.
  • Write without bias, as if you don’t work for the company or personally know the subject.
  • State facts and statistics, don’t be vague or general.
  • Take time to get sources and policy right and your content will last.
  • Be transparent about your conflict of interest
  • Get neutral, uninvolved editors to review your content
  • Work with the community and we’ll work with you.
  • Communicate, communicate, communicate.

It’s more complicated than this, trust me, but it’s a start. There’s a line on this page that states “Be patient and open to cooperation: no one here is out to get you.” But hearing about some folk’s experiences, it sure feels like a tough space to operate in.

There’s also a page on Wikipedia that states Wikipedia is about verifiability, not truth. But there are other nuances, such as NOR – No Original Research– and Be Bold to master if you want to craft Wikipedia article that adheres to its formula for wiki truth. Worth reading, if your organization expects you to monitor and create content.

You’ve probably seen how some cities (like this and this) have attempted to rein in local dollars and boost their economies with campaigns for buying local. We have our own push here with Local First Arizona, a non-profit group promoting your support of locally owned businesses throughout the state.

But apart from this move to nurture small businesses such as nurseries, nail parlors and ethnic restaurants, there is a lot of money moving out in terms of … advertising. Park & Co have put together a microsite featuring nine agencies (apart from Park&Co), with a push that urges companies to rethink where they s(p)end their dollars.

“You buy local produce, seek out locally owned stores, and drink local wines. So why go to other markets like L.A. for your advertising? Phoenix agencies offer a wealth of talent, from brand strategy and development to internationally award-winning creative, as well as innovative interactive campaigns and Hollywood-caliber film and video production. And you don’t have to look far.”

Park and CoAs Time magazine once put it, the buy-local trend “enhances the ‘velocity’ of money.” But most people only think of products, not services, says Park Howell, who says that it is time to focus on buying local business services, specifically advertising, creative and communications. “We’re promoting our competition because we’re big believers in a rising tide lifts all boats. There’s plenty of business to go around, so keep it local.”

Now that the BP oil leak has been stopped –or so we hear today – has anyone considered that it may be time to create some good juju for PR, after what BP has successfully done in maiming the industry?

Many of us PR and non PR types have railed against the dark stain that BP’s oil spill is leaving. I have tremendous respect for those who handle corporate PR whether they are consultants or internal PR folk. It’s a tough job getting the organization to say it as it is, and to stop publishing mindless statements just for the sound-byte effect.

So I was hoping to see a coalition of PR agencies coming together, perhaps under the umbrella of PRSA, and the CIPR (British PR association), to bring in some of the largest booms (thought leaders) and heavy equipment (smart technologies) to stop polluting our pristine beaches (er, reputation).

PRSA’s mantra is “Advancing the Profession and the Professional.” Looks like the industry has been mugged by flaks who are effectively planting land mines along this path. Search for BP at PRSA’s web site and you see articles such as “Can the BP brand survive Tony Hayward?” I was hoping to see some folks come out say why “BP’s PR has been toxic for their business.”

Meanwhile BP continues to write about its wonderful response about how it is “Flying higher to get closer to spill response,” and its sea bird rescues.

And nobody in the PR industry seems to mind.

There is no such thing as a ‘top kill’ procedure (the attempt BP made to put a huge concrete dome on the leak in the Gulf of Mexico) to cap off the gushing anger at BP  in the blogosphere.

Each day brings a new wave of voices –comments, creativity, social media channels –to shame the company that has caused the worst environmental disaster here in the US. Like this logo attack.

This one, a blog called Apologize To BP taps into the collective wisdom of anyone who has a twitter account, or some time to add some content to the site.

A post contributed by one David Diehl, alongside this picture, is titled ‘Sea Of Contrition.’ He apologizes to the captain of BP this way:

“Thanks again for inviting me to the yachting excursion this last weekend. I’m so very sorry I ate up all of your delicious shrimp during the preliminary revelry on Friday. The staff did indicate it was the last of the Gulf shrimp…”

Apologize, is acerbic and funny, obviously, but content like this (and there are hundreds of tweets being fed into the web site every minute) create a virtual gusher that intentionally or not contaminates anything that BP tries to do by way of PR.

I know, most PR people tend to say that it’s inappropriate to even use ‘ BP’ and ‘PR’  in the same sentence; the company has made so many PR blunders it’s not even funny.

The site urges readers to submit  ”videos, photos, quotes, whatever you want, as long as you apologize…”

The feed of tweets into the site is a smart way to keep content flowing through the pages, even while it feeds the tweet-hungry searchers who only see it on the micro-blogging platform. The hashtag #ImSorryBP

At the time of writing, this Twitter account has had just 213 followers. I’s one more way that people will channel their frustration.

There are more. Check these hash tags that are being used to aggregate the comments and conversations:

#BP (of course, usurping the brand initials)

#oilspill

#gulfoilspill

So, despite the news that BP is trying to clean up its online rankings using SEO tactics such as buying keywords, it’s quite apparent that the groundswell is not going to be more powerful.

I received one of those dreaded pitches this week from a PR firm in London.

It had the trademarks of having being picked from a list of bloggers and freelance writers: It started Press Release….

But this one was different. It didn’t have “no-reply’ or some garbled name as its sender. It also had a headline that made me want to open it and read. It was about the PR firm’s client, BBC World News.

You might wonder how relevant is that? I could have signed up for all manner of things on the World Service. But the topic was a series of shows Hard Talk On The Road –on Sri Lanka. It may sound dead simple, making sure the subject was in line with the reader. But let me frame it this way. I get so many of these PR pitches that it sometimes makes me wonder where we have taken this form of communication.

This is an industry (PR and Marcom) where everyone is screaming Web 2.0, every consultant, conference presenter and digital marketing agency is throwing out terms such as ‘Social Media Release” and RSS in every slide deck, and every book that has been published on the subject since Cluetrain Manifesto advises that ‘markets are conversations.’  In other words, stop spamming and start talking.

But all my colleagues at ValleyPRBlog, for instance, say the same thing. We are getting drowned in ridiculous PR Spam. We only complain off and on, and that, too when someone really ticks us off, or someone like Chris Anderson issues a fatwa, and everyone nods their heads and says ‘serves them right.’

But in the past 10 days I got two pitches that were spot on! Two! As such, rather than outing the bad ones, I like to hold up the good agencies and the great PR folk who do one simple task -take time to understand their audience.

  • The first was so good, from Gutenberg Communications, I have agreed to interview the CEO of the company –on Monday. If you’re interested, stay tuned!
  • And there was this from Parys Communications whose pitch was so simple, I could have hit the delete button.

As a writer I give every pitch a chance. If you take the time to filter, we will take time to read!

Ever tried to discontinue a service only to be given the run around by folks and billing bureaucracies that attempt to wear your resistance down?

It happens with big corporations, right? The ones with call centers in places like Scroungeistan…

I didn’t think my local health club would stoop so low. After all it’s more community-based. My contract with Pure Fitness ended in March 2010. It explicitly stated it was a 23 month term. I went over to tell them I would not be continuing. That was April 17th, before the next charge hit. No problem  the guy said. He’s leave a note for the admissions director. She will call me if there was a problem.

No call.

By the end of the month I got my credit card statement that, lo and behold, showed not only another charge –the 24th payment — but an inexplicable bill for $173.52.  I went over again to the location at Elliott and Alma School, and the guy tells me it must be a mistake. The person who took down the details probably didn’t communicate my cancellation info to the billing dept., so would I call the membership director. There was a new membership director, he noted. The former gal was not there anymore.

I did and the new gal gives me this spiel on why 23 months actually could mean 24 months since the account rolls into a month-to-month cycle.

Even though I asked to cancel? Even through it explicitly defines the term in the contract?

Yes. Apparently, as she noted, one should notify them 60 days prior to cancellation. As for that mysterious charge would I come in ans show my credit card statement? I said I would.

Just to be sure I got my facts straight I switched on my recorder on my mobile “for quality and training purposes” as I informed her when I called.

Today, my 4th visit, counting previous attempt months ago, I went in to get that explanation and refund for that mystery charge. I switched on my recorder this time too. For quality and transparency purposes. To  paraphrase the unhappy conversation, here’s how it went:

She: This charge (the mystery $173.52) was for your wife’s account.

Me: Huh?

She: Apparently you joined together

Me: You can’t bill me for someone else? I didn’t sign for her. She didn’t sign for me…

Me: Could you refund that then?

She: No, you will have to take that up with your credit  card company and ask them to dispute it.

Me: Ridiculous. That is a third party. I am here at this location, in first person. I want it refunded. This is your mistake!

She: We can’t do that. Your credit card company can do it.

Me: Huh? You would take their word, but I am here in person with a document to prove it is your mistake, but you want me to ask them to ask you to fix it?

She: Let me ask my boss (exit stage left)

Me: (To customer who’s also come to cancel) These Romans are crazy!

By now I get that creepy recollection of the back-and-forth we all went through when trying to buy a used car in the old days.  Is this worth my time? Is it worth the time and angst of a million dollar company? What’s the strategy here? Wear the customer down till he breaks out to a sweat without use of the treadmill?

She: (returning after meeting the hidden boss) My boss says we could cut you a check for that amount. We will get back to you…

Me: Whew! And about that 24th payment? Will that be refunded too?

She: No. The terms say you have to inform us within 60 days.

Me: (to myself) So 23 payments could really meant 25 payments. How cool is that! Someone’s gonna have a few nice corporate lunches on my account!)

Me: Show me where it says this.

(We both look over the fine print. No such thing in original contract. I agree to come back the 5th time to get most of my money refunded.)

Me: worn down, sort of. OK, You keep your $19.99. Just cancel my account.

The odd lessons about this encounter:

  • No apologies from the boss for taking so long to resolve this, for mistakenly billing me
  • Sneaky contracts. The attempt to hit the customer with sneaky fine print, and a relentlessness to attempt to prove –albeit ineffectively — that the company is right.

Oddly enough, this morning, I interviewed someone for an upcoming article about the concept of ‘markets are conversations,’ the central thesis of the Cluetrain Manifesto) where we talked of Thesis #13 and the need for a human side of business communication. The authors put it this way:

Corporations do not speak in the same voice as these new networked conversations. To their intended online audiences, companies sound hollow, flat, literally inhuman.

That was 10 years ago! Today, it’s sure easy to launch a Facebook page, and a Twitter account and pretend that you have solved the problem of corporate c0mms, while being so far removed from the conversations going on outside your walls.

There’s a lot of work to be done. Or to invoke AsterixThese Romans are crazy!

End Note: Pure Fitness, could I give you a copy of Cluetrain? Gratis! No fine print. I won’t ask for a refund. Promise!

I like to link to a post I wrote at ValleyPRblog last week that received some good comments. I was curious to know who in the media had attended Sheriff Joe Arpaio’s press conference.

“I always thought a press conference was called when you had something of value to offer to the media. So when I received a text alert yesterday to say that Arpaio won’t run for governor, I was tempted to wonder what other bits of non-news might get the media to come over with cameras and notepads.” Read the rest and the commments here

It opened up a great discussion of what is a press conference. Is it an event? One reader suggested the act of announcing something to a targeted audience –via email — is no different.  Another reader pointed us to a marvelous exchange between Robert Gibbs, White House press secretary and the press corps. Apart from exploring the definition of a press conference, it shows us how a great host can disagree with the audience and still get the feedback that serves everyone, and doesn’t waste their time.

View the video here.

Airlines frequently fly into turbulence –not always the kind they are used to.  Just ask United. Better still, just ask Southwest Airlines. Over the years since they began embracing a slew of social media tools, Southwest has done a grand job of listening and responding. Sure, they’ve made their mistakes, fixed them fast, and moved on.

There may be a huge difference between an airline and an airplane, but I thought of juxtaposing them because of some common lessons they have for all of us –not just people who communicate about objects with wings.

If you missed this case involving Boeing, it’s worth a second look. The setup:

  • Child draws lots of pictures of airplanes.
  • Child sends one drawing to Boeing.
  • Corporate office sends him a standard letter saying it does not accept unsolicited designs, and has destroyed the letter.

Sad? Legal? Damaging to brand? All of the above?

The boys father was crushed/confused. He writes a blog so he asked his readers what to do.  Word got out. People came up with creative answers (including one that suggested writing the letter Boeing should have sent his son!) Boeing was forced to join the conversation at the late stage, and respond.

There are many lessons here. The first is about a canned response and a genuine response. So easy to do the former. But it’s out-of-place in a world where we make a huge din about being better at communications, great at listening yada yada.

To cut to the chase, Boeing Corporate (which uses this Twitter account that’s different from the one that talks of its engineering stuff) responded with aplomb, and thanked everyone for ‘supporting’ Harry Windsor, the child artist/airplane designer. “Supporting Harry,” as you might suspect is code for Punishing Boeing. Loosening them up. Humanizing them…

But we all live and learn. Boeing is a great company. They may have never in their wildest dreams of crisis planning imagined an eight year old would teach them a rapid lesson in communications. Neither do many organizations. So here are my takeaways from these two examples:

  • Plan  for the unplanned: Social media adds a lot more turbulence, often the kind that cannot be anticipated by the most sophisticated ‘tracking’ tools on board.
  • Know your audience’s audience: No matter who your end-users or customers are, your audience –and your ‘followers’ are always larger than you thought.
  • Put humans in charge. A professional response is not as good as a human response. Many of us/you are trained in the former. Don’t check your humanity at the door when you walk into your office.

Social media is nothing special. It has no secret ingredient. It is nothing more than humanized communications, for a world that has done an awful job at it.

 

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