Not a bad idea right? Well, that depends on who you ask, because Microsoft’s ad agency JWT and its parent WPP are being sued over the ad. According to AdAge, a Delaware firm called Denizen claims to have patented this, and alleges that the agency has infriged upon it.

The patent Denizen refers to is here, filed November 20, 2001, and issued February 22, 2005. The abstract describes it as:

A method and system for incorporating thematic content from a particular television program into product or service advertisements uses program-advancing elements of a television program in an advertisement for a sponsor of the program in order to entice viewers to watch the advertisements. Increased viewership of advertisements can result in increased revenue generated from advertisements that may be realized by television programs, television producers, networks, and advertisers.

Well, that sounds about like the Bing ad, but who knew such a thing had been patented? The suit would indicate that WPP knew about it, and stole the idea, because according to AdAge, Denizen says it was in contact with top executives at WPP for possible business ventures, but the talks fell through. Denizen claims that WPP breached a confidentiality agreement and that JWT has stolen their advertising strategy. (via TechDirt)

Kumo (or Viveri or whatever the search brand’s going to be named) should get a hand from ad agency JWT.  Abbey Klaassen and Rupal Parekh stated late yesterday, "Industry executives expect JWT, part of WPP, to unveil an estimated $80 million to $100 million push for the new search engine in June, with online, TV, print and radio executions."

This seems like a good idea for a couple of reasons.  First, Microsoft is badly in need of some brand clarity; an official April Fools’ Day joke (unveiling "MSN Windows Live Search on kumo@microsoft.com") pretty well admitted this.  Second, JWT is capable of putting out some eye-catching stuff; see the Smirnoff ad below if you want evidence.

A Yahoo News report cited JWT director of trend spotting, Ann Mack, on the findings of the company’s survey of 1,011 American adults. Mack said people feel “anxious, isolated, and bored” when they can’t go online:

“It is taking away from offline activities, among them having sex, socializing face-to-face, watching TV and reading newspapers and magazines. It cuts into that share,” said Mack.

“I don’t suppose their partners are too pleased about it.”

Such devotion to the cold flame of the monitor means other things have to give in people’s lives. According to JWT, people want even more of the Internet.

That demand will push greater adoption of mobile technology for wireless Internet access. People want to carry around their ability to feel connected to others, even if it is through packet data rather than conversations or, um, other things.

Sprint was the first to offer this but others such as Verizon and AT&T are not far behind. Even Google is teaming up with Orange on a new cell phone that will undoubtedly have its share of advertising.

Naturally the marketing world has been abuzz on these developments, with much of the commentary negative. Rather surprisingly a major Montreal marketing agency has also come out against this new channel for advertising. Of course they’re now sporting a new name (Sid Lee) and a new philosophy so perhaps that’s the explanation. As they explain on their Conversational Capital blog:

We’d like to argue against unrestrained mobile advertising from another perspective. We’re against networks selling unsolicited exposure on the networks consumers are paying to build and maintain.

Unless this is a clever campaign to generate extra conversational capital, it would seem to be a somewhat simple view of the situation.

Clearly the most effective advertising is acceptable to its targeted audience. That was the truism that the J. Walter Thompson Company enunciated early in 2005 when it was reborn as JWT. Their ideas were set out in a JWT Trendletter in May 2005 (PDF). That included the following message:

We create ideas for our clients that people want to spend time with. We believe Time is the new currency. The more people who spend time with a brand the better.

They were picking up a theme that had then been around for at least five years. A variety of phrases have been coined to describe it but Permission Marketing or Pull Marketing are particularly apt. It all links in with the notion started by the Cluetrain Manifesto and culminating in Time Magazine nominating us all (“You“) as Person of the Year in 2006. In other words we the consumers are in control. Advertisers must be smarter to attract our interest rather than triggering our irritation. Anyone proposing old-fashioned Push Marketing that just pushes the ads ‘in your face’ should be laughed out of court.

If advertisers can be smart and create ads that we ‘want to spend time with’ and the cell phone service is thereby cheaper, then we are all the winners.

Comments

Add to Del.icio.us | Digg | Reddit | Furl

Bookmark WebProNews:

Barry Welford, President of SMM Strategic Marketing Montreal works with business owners and senior management on Internet Marketing strategy and action plans to grow their companies. He is a moderator at the Cre8asite Forums and writes on current issues on the Internet and on the Mobile Web in three blogs, BPWrap, StayGoLinks and The Other Bloke’s Blog.