Thursday, April 13, 2006

Publishers, Start Your Media!

Welcome To The Next Seller's Market
 
by Mike May, Thursday, April 6, 2006
THERE WERE A TON OF lessons to come out of OMMA Hollywood last week. As the person who programmed the show, monitored each of 40 sessions, solicited feedback on over 100 speakers, and generally took the pulse of the audience on the show's content, no lessons were more salient to me than this: we're officially in a seller's market.
 
Here's the evidence for this trend I saw at the show:
 
The fullest rooms and the liveliest post-session discussions featured publishers and, in particular, new inventory options from publishers--and, even more specifically, new video inventory options from publishers. That's except for when behavioral targeting sessions ran concurrently. I made the mistake of programming "On Their Best Behavioral" at the same time as "Video in the Media Mix," and saw many attendees streaming between them, nearly colliding like packets on a congested network.
 
The first day's Keynote Panel featured executives from AOL, Yahoo!, FoxSports.com, Disney and MSNBC. It positively crackled, as an audience of hundreds of media buyers and planners hung on these publishers' words. It wasn't long ago that a panel of publishers was read by many on the agenda as a 'networking break.' Now it's must-attend content.
 
Even the second day's Keynote Panel, which was comprised entirely of client-side marketers, was hijacked by a publisher perspective. Shawn Gold, senior vice president of marketing at MySpace.com was on the panel, and the audience's interest in Hilton and ConAgra and Universal Pictures and Unilever was overshadowed by their preoccupation with turning teens on Shawn's site into brand ambassadors.
 
There was far more circling back during track sessions and even in hallway conversations to the impact of social networks on media planning, than there was to the formation of Denuo and other issues of agency organization.
 
Talent is being poached by brand marketers from publishers (like Doug Neil at Universal Pictures, via AOL) instead of the other way around (remember Yahoo's coup three years ago in luring Cammie Dunaway away from Frito Lay?).
 
Only a few years ago, the entire industry hitched its wagon to comments by people like Larry Light at McDonald's, or research by Rex Briggs at Marketing Evolution. At that point I would have taken Coca-Cola's Webmaster as a conference keynote, and allowed him to spend 45 minutes talking about meta tags and referrers. A few weeks before OMMA Hollywood, by contrast, I spent 30 minutes on the phone with the director of media and communication at Coca-Cola about his proposed role at the show. He noted that he was looking forward to telling the Coke story on stage. "We're doing amazing work with wireless and gaming in Europe and Asia, and it's time we get some credit for it, instead of it all going to Yahoo," he said. One of the world's biggest advertisers chomping at the bit to steal an online publisher's thunder? Times have changed.
 
There are a thousand reasons for this shift in the market equilibrium, and while identifying, vetting and ranking them would be an entertaining and self-congratulatory debate, I'll leave it to someone else. At some point in the past year, online had its Chuck Fruit moment. It had a thousand Chuck Fruit moments. So here we are-- now what do we do to smooth out the valley that will inevitably follow this peak?
 
So far it looks like we're doing what we did last time:
 
Google is raising another couple billion dollars, and joining a VC firm is suddenly fashionable again.
 
The press release wars have been joined again (and the battle has expanded into the blogosphere).
 
Start-ups (particularly in social media) are leading with their exit strategy once more, aiming more at getting acquired than building a sustainable business.
 
We're scheduling, programming, promoting, sponsoring and attending industry events with a fervor not seen since 2000.
 
None of this is bad, of course (particularly the last bit about events). But as we go down this road again, we have to be mindful--vigilant, even--about remembering previous missteps. Now would be a good time to reread business plans or strategy powerpoints from 2000--not for resurrectible ideas, but retrospective wisdom. They may be the closest things we have to a diary, like this one that I found excerpted on a blog just today.
 
An 11-year-old boy began this diary in 1946, and revisited his entries almost four years later. "I found this diary and read it. I sure must have been girl crazy," he reflects. I hope we can be as wise about our future as a 15-year-old was about his past.
 
Mike May, principal of The Acorn Group, blogs on interactive media events at www.e-venting.net.
 
Online Publishing Insider for Thursday, April 6, 2006: http://publications.mediapost.com/
 
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Thursday, April 06, 2006

Target Wants to Drop Shorts

 
Target Brands Attempts to Drop 'Ultimate Boxer's' Shorts

Target is attempting to knock out the trademark of a Maryland boxer shorts manufacturer.

BALTIMORE, MD (PRWEB) April 6, 2006 --When a small start-up company selling boxer shorts is contacted by a major department store with 1,400 stores in 47 states, the possibilities can be very exciting.

That's not the case for Ultimate Boxer, a small company located in Baltimore that manufactures and sells it patented men's boxer shorts under the federally-trademarked brand, Ultimate Boxer®.

Target Brands, a division of Target Corporation, has filed a petition to cancel (#92044899) against Ultimate Boxer. According to the petition, Target Brands states that it has used the term “Ultimate” in connection with clothing goods including “Ultimate Polo,” “Ultimate Tee,” and “Ultimate Khaki” in advertising distributed on or about February 2005.

"I submitted the trademark ‘Ultimate Boxer’ with the United States Trademark and Patent Office in 2002 and received the rights to the trademark the following year," said Max Hernandez, owner of Ultimate Boxer. "I was completely shocked to receive a document in the mail stating that Target Brands was trying to get rid of my trademark."

Attempting to cancel a trademark registration is “a way for the big guy to push the little guy with previous use out,” said Mike Oliver, a member of the Maryland Intellectual Property Law firm of Bowie and Jensen LLC. “It’s a ‘super aggressive’ way to try to overwhelm a smaller company with court fees and paperwork in hopes they will abandon the trademark or run out of money.”

Mr. Hernandez stated he will continue to defend his rights against Target.

About Ultimate Boxer:
Ultimate Boxer is a boxer shorts manufacturer located in Baltimore. The company sells its innovative “gap-proof” patented boxer shorts under the brands Ultimate Boxer and How Ya Hangin?

Contact:
Max Hernandez, owner
Ultimate Boxer
410-832-5889
http://www.ultimateboxer.com
http://www.howyahangin.com

# # #

Press Contact: Max Hernandez
Company Name: Ultimate Boxer
Email: email protected from spam bots
Phone: 410-832-5889
Website: http://www.ultimateboxer.com


 [ Editor's comments: Those can compete, do. Those that can't, sue. (hris ]