Persistence is important in marketing. If you give up too soon, you could miss a huge opportunity. On the other side of the equation, if you are trying to fly a lead balloon, it is best to stop before wasting any more time and money.
I want to inspire you with some questions about your marketing, and your business challenges. You don’t have to answer, but I hope you will. So, let’s start thinking about some things that can ground your marketing.
Know When to Change Course
How do you define the point when it is no longer productive to keep doing what you are doing? If you don’t know when to implement changes, it can destroy your company. What is the right answer? Is it when the competition starts taking away market share? Is it when the budget runs out? Is it when the company goes completely broke? Is it before all of this begins to go wrong, and you can take a proactive approach? Let’s consider this quandary, because although it may not be comfortable, knowing when to make changes is imperative to the growth of a company.
Have you ever pulled the plug on a marketing campaign? I have, and sometimes it was too late, but other times it was too early. I lived, and I learned. It sometimes felt like I was one of The Wright Brothers, crashing airplane after airplane trying to get it right. If you have ever really tried to make a business fly, you have probably felt the same way. Sure, there is value in mistakes, but there is even more value in learning to avoid them!
Look at the efforts in this early flight video, and tell me if it feels a bit familiar to you.
Marketing really doesn’t need to be so painful. The information you need to know is right there at your fingertips. Yes, right there at the computer you are gazing into, but it will only help if you learn how to use it. Even then, it does no good if you don’t actually make the tough decision of putting it into action.
If Your Marketing Won’t Fly, You Need to Know Why
How do you avoid the failures and cut straight to the part when your marketing soars like an eagle? That is tricky, and it is as unique as the company itself. You cannot eliminate all mistakes, but you can come a lot closer, don’t you think? I think we all can.
Something that many companies hesitate to embrace is that a marketing campaign should be carefully researched, or it should not be launched at all. When companies neglect the value of market research and planning, it is usually because they have already reached a point of desperation. This is often geared to cut corners, but it is about the worst place to make cuts. Another reason I see companies skip market research and planning is because they simply fail to realize how much they don’t know about growing a business. They may know their business, but know little about how to make the business grow.
Shortsighted marketing is especially common as social media marketing has become a perceived savior of the business world. This can all be used to your advantage, but not if you are doing the same things, and making the same marketing mistakes the competitors are.
Social Media Made Marketing Easy … Mistakes and All!
During my 20 plus years in marketing, I have made a lot of observations. What I have seen in recent years is a far greater tendency for under-funded and poorly planned companies to try and emulate competitors, rather than stand on their own unique merits. I call it imitation marketing, and imitation marketing means imitating failures, too. It does not fly well.
Along with the social media marketing craze where everybody wants to become a marketing professional, a lot of talent has been discovered. Far more often, it has led to massive amounts of waste created by squillions of people trying to earn as they learn, instead of earning based on their experience, knowledge, and marketing talent. I’m not exaggerating when I say that social media has as many downsides as it does upsides, and this is a huge downside!
Projections became more like a drunken bar room shootout for a lot of companies, and based less on solid mathematics and science, and more on luck. This makes absolutely no sense to me, because there is no other form of marketing that is more measurable than that which is performed with a computer. Computers record data and organize it very nicely, but some people still question the measurement, or the ability to hit the target. That sounds completely absurd to me, but then again, I have worked with it every day, since the 1990’s.
A Crash at the Air Show
Wouldn't Orville Wright's Diary Help You Fly?I often watch unprepared marketing departments and small business owners running off customers by crashing their plane at the air show. They finally get an audience, and they make a bad maneuver. Worse yet is when they strafe the audience.
Firing into the crowd and hoping something hits the target is popular, but it yields a low return on investment (ROI). In military or police terms, it is a “spray and pray” effort. If you spray enough bullets, and pray to the warrior gods, you may get through the battle alive.
Failure to implement a proper marketing strategy is often why small businesses remain small. I don’t think it is because they don’t want to do more business, but rather because they are overwhelmed.
There is much more to running any business than just the marketing. A challenge exists in realizing that good marketing is what makes a company successful. Marketing is what makes the difference between Coca Cola and other drinks that didn’t make it. It is a pretty terrible area to make mistakes, or take shortcuts.
There are many potential points of failure in any organization, but making your company more marketable, and actually marketing it well, can make the difference between huge success and utter failure. It makes the difference in whether it will fly, or it will not.
What Challenges Your Marketing Flight?
I want to know what you think. What are your biggest challenges, or the challenges you see other companies facing? What do you think companies are missing in their marketing? Is it ineffective market research, lack of marketing creativity, failure to budget, fear of loss, or the monster of all monsters … complacence?
You name it … I want your opinions, and I hope your insight may help others.
Let’s do some learning together. I would not ask you these questions if I didn’t want to learn, too. If you struggle with an answer, here is another way to look at it: What obstacles do you think hold a company back from hiring an experienced flight engineer like myself? Please share your insight.
I was just looking at my lawn, and it inspired me. Yes, it sounds silly, but hear me out. I will tell you a story, and maybe even plant a seed or two about getting the most from your life … starting now!
This is a story of taking inventory of life and business, and I hope you will use it for your benefit. First, I will explain why I took a closer inventory in my front yard this morning.
Back in late 2008, I became a reluctant participant of this thing we have called “economic recession”. Yeah, I am one of those CEO fellas who screwed up the whole economy. I was whacked hard and fast when multiple of my suppliers laid off thousands of employees and dropped some of the services I provided to customers. It was not anything within my control, and not my fault at all. A lot of jobs were lost, and a lot of pay cuts were handed down. Being heavily invested in my company, I took the biggest hit. In fact, I accepted it with pride, because I helped a lot of other people’s ships sink much slower.
Before the untimely meltdown, I lived in a very unique way. I was sitting pretty, just months from a young retirement. I enjoyed an amazing family life, with everything set to focus on being a full-time husband, daddy, and race car driver.
I pranced around in a custom built home with 5,000 square feet, that was perfectly ready to fill with babies. I enjoyed new Corvettes, Hummers, Jaguars, Escalades, fancy artwork, custom motorcycles, limousines, first class vacations, kickass clothes, and … you know, the whole ten yards. Sure, the common saying is “the whole nine yards“, but I added a few feet. Heck, I didn’t need credit, but I still found some good reasons to send over $50,000 per month to credit card companies. Yeah, I know … fifty grand per month … insane, right?!
I was feeling pretty proud of myself as I was living large, but not because I was living large. I did a fine job, and I became helpful to a lot of people. I turned out far better than my teachers expected when I left school for the last time at 15 years old. I had come a long way from the challenges of my youth. That feeling of pride was what got me moving, and kept me working harder. Yes, feelings of pride really can create a lot of drive in a person … keep reading.
In the big shuffle, I realized that there was a huge emotional backlash. It made things a lot more stressful, and I started losing the happy-go-lucky skip in my step. I was working more hours than before, and even more than in the earliest years of my company.
So, let me tell you something I learned along the way, and that I revisited this morning.
Remember to be Proud of Your Journey!
How You Feel Means a Lot!
I have observed that an incredible amount of potential comes from feeling good about yourself and the things you do. Sure, there is a list out there of “Seven Deadly Sins“, but I think one of them is a tool which is instrumental for success, if used in moderation. The one I considered early this morning as I looked at my lawn before the sun came up is “Pride”.
Feeling proud of yourself, your products or services, and who you are can create monumental changes in your life. Knowing that you are doing good things for good reasons helps your subconscious mind to discover ways to keep doing it, and doing it better. Feeling good, and being positive is not just some silly hype that motivational speakers sell. It really does matter, and this is something I want you to think about.
I moved to a smaller home in 2010, and I cut back on the fancy lifestyle. Although some would still call me “Mr. Fancy Pants”, my pants are not nearly as fancy as they once were. I used wisdom, and some regret, while downsizing my life during the recession. There were many things, like my racing career, that took a back seat. A lot changed, and in case you ever wondered, you are not alone if you saw some changes, too.
Even after those changes, I still have a fantastic life in many ways. I have a wife and three kids who give me great pride. I am better at my job than ever, and I feel very proud of what I do to help businesses grow their market.
It may seem absolutely silly to you, but something that got me to thinking about this is looking at my lawn as the seeds I recently planted begin to sprout and turn green. It was a matter of pride that inspired me to plant that new seed this spring. I decided that even in a smaller home, with a smaller yard, I still wanted to make my scaled-down piece of awesomeness a bit harder to leave when it comes time.
Yes, I actually did stand in my driveway this early morning, look back toward my home, and realize something very cool that I feel is worth telling you. As uncomfortable as it may sound, I’ll bet you have some seeds to plant as well.
My Questions to You:
This “lawn moment” of mine really made me wonder about you, and what you are doing, and how you feel. So, I have some questions for you, and I hope you are not too chicken to answer them … at least to yourself.
What has given you pride in your life or your business that has been neglected, and that you could resurrect?
What little things will you notice today which inspire you?
What “seeds” can you plant to help bring you closer to things you want?
What seeds are you planting today?
Yes, this is still a blog about marketing, so don’t get confused. If your answers to these questions have anything to do with growing your business, I want to remind you that the best time to sow a seed is long before you want the plant. Don’t let fear or lack of pride get between you and a greener lawn. Take pride in your work, and spread it with others around you. People really will notice, whether it is a boss, an employee, or a customer … when you have true and sincere pride, it will show.
Waiting for greener pastures, or looking over the fence at the neighbor’s grass will not help unless you are prepared to get started now!
That’s my marketing message for today. Just as I said in the title: “Make it Harder to Leave, But Increase the Odds That You Will”. I am doing that with my home today, just as I do with my business. I may soon leave here and move on to bigger and better things, but if I don’t make it a little harder to leave, and nicer to remember, then I am not doing all that I can!
Are you doing all that you can?
I hope that you will reflect on this with sincerity, and if you know somebody who can benefit from taking a better personal and/or business inventory, do them a favor and share it with them.
There is a mentality which some people and companies have about mixing personal and business relationships that paints an unfavorable picture of this combination. Mixing business and personal life has frequently been viewed as a mistake for businesspeople. The problem is that “businesspeople”, and even the term itself, implies something other than “people”.
Who do you do business with? If you encounter somebody in a given business setting who is less than personal toward you, do you look for somebody else who will appreciate your business more? I do, because I like to do business with people I like, and trust … and who like and/or respect me, too. An impersonal approach is personally appalling to me, and I think it fails at all levels.
Prices don’t get in the way, because if I don’t like somebody, I will walk away even if they are offering a huge discount. Even product quality takes a back seat to trust and comfort in my purchase decisions. The numbers show me that I am not alone with this, and that millions of people feel the same way.
A Fading Business Mentality of the 1900’s
A former mentality of the business world was that of huge separation between business and relationships. The prevailing thinking was that business is done in boardrooms or storefronts, and personal relationships happen someplace else, away from company turf. It failed, and it did so with such a force that it spread throughout the world.
This mentality is more apparent in business-to-consumer industries, but it has also strangled a lot of business-to-business industries. In either case, it simply doesn’t work well.
Why has it changed? It was not because of some miracle invention we call “social media“. It has changed because companies finally started realizing that they were doing it all wrong! Customers didn’t change. They have understood mixing business and friendship for thousands of years … since trading grains for meat, or gold for salt. It was the business world that strayed from good business practices.
Who Separated Business from Friendship?
A sizable part of the blame for separation of business and personal relationships can be attributed to changes in the advertising industry. As television and radio ads were new, companies found it extremely easy to buy people’s attention. It created a lot of brand recognition for some companies, and people soaked it all in while they waited for the show to return … “after these messages from our sponsors.”
Note: This is opinion mixed with observation and research, and you are welcome to rebut this.
It became commonplace to sit through commercials for everything from soup to nuts. Then, after some glory years, consumers fought back with tools like the Internet to find new things, DVRs to speed through commercials, email spam filters to squelch the noise, popup blockers to say “Shut Up”, and etcetera. We created and discovered choices, and then we realized huge empowerment.
Consumers gained more choices than ever, but with choices came hazards. Cons, crooks, deadbeats, and snake oil sales made a resurgence. The trusted brands were not our only options, and armed villains were not the only ones stealing our money.
Transitioning Away from a Bad Business Ideology
As business continues to transition back to people-focused and consumer-oriented thinking, the reliable and trustworthy choices have slowly narrowed. Now many consumers rely on those good old brands we remember (and trust just because we remember them), and the people who earn their reputation with us as friends, friends of friends, and etcetera. Yes, “word of mouth” marketing (including Facebook, Twitter, and etcetera) has grown in value at rates even faster than television, radio, print, and other one-way interruption marketing lost value.
This is not all fixed to perfection yet, but many companies have noticed the obvious shortcomings from separation of business and relationships. Those companies have adapted well to social media, and they already understand people’s motivations, and what makes them comfortable. Others still struggle with the fundamental basics of how and why people prefer to do business with people, rather than businesses.
So, I must ask, what do you see in your everyday life, as a consumer? What do you see within your own business dealings? Do you see it the same as a consumer as you do in your business? If you see a disparity, perhaps you are still using 1900’s style business ideology, and trying too hard to make a separation between business and relationships.
My Summary of Business and Personal Mixing
Some say “Don’t mix business and personal”, but I say “Don’t mix 1900’s ideology with 2000’s customer expectations!” Here is some of my personal/business experience. You can skip it if you like. Maybe I am wrong, but I also invite your input.
I met a woman (via social media) and we merged companies in 2000. She later became my wife and the mother of our three children. Now we own more companies. Prior to that, my business partnerships included many dear friends with whom I communicate frequently, and will attend my funeral (and even cry). In my earlier days, my business partners were my parents.
Sure, some things can go wrong with mixing business and personal relationships. That is usually because of two things … misdirected passion (but it is still passion) and lack of good communication. This does not mean it is acceptable to make a business into a faceless monster without personality, or to even diminish the mix of business and personal relationships in the least.
The good news is that when you have stronger relationships, you are far more likely to hear feedback from others … both positive and negative. Think of the potential benefits of that!
Many of my best clients are close friends, and I have always relied on the “old fashioned” approach of doing business as a person and not as a business. They may come to me as clients, but if we can’t have a good relationship, I would rather find different clients.
We work together, and we have fun together. I have been there to counsel them through death of spouses, treacherous divorces, emotional weddings, joyous graduations, and more. I have held countless parties to honor and celebrate my clients/friends. I have rented whole floors of large hotels, sent limousines, and done everything I can for and with these friends.
They are not my friends because I earned them millions of dollars, nor because they have paid me millions of dollars. Here is what I have discovered: Even when business is what introduces us, the business results from a relationship, and seldom if ever the other way around.
Do you sell something that has a potential market of “everyone”? Maybe you sell widgets, doodads, or gadgets that everybody in their right mind should own. If you treat your marketing that way, you are probably pretty frustrated.
I learned this the hard way, many years ago, by thinking that “everybody” was my target market. I remember when I sought out my market with thoughts like “Who wouldn’t buy my stuff? They must be crazy if they don’t buy!” Then I parked my bicycle and quit my paper route.
I learned what it meant to target my marketing. I stopped wasting time and money trying to reach everybody with a good reason to buy my stuff. The result was that I sold a lot more stuff.
When I stopped viewing everybody as a potential customer, I also stopped seeing them all as the “deadbeats” who wore me down and just wouldn’t buy. I started loving them more each day, and it turned out that my business grew massively.
Carefully conceived targeted marketing is a huge factor of success in a business. I don’t just mean targeting your market for every customer who will buy, either. I mean targeting your market for the customers you want, and who will help your business to grow.
I want to help you to avoid this common oversight, because it is in the top five most costly business errors. It runs close behind killing a hooker (and getting caught), or naming your child Bernie Madoff.
If you try to market something by believing your ideal target market is “everybody”, it is like hunting elephants in a termite mound. You will find a lot of termites there, but very few elephants. Many people only believe this after a “less-than-ideal” profit and loss statement proves it to them.
Marketing to Morons, Idiots, and Fools
Sure, I still think that most people are just totally insane if they don’t write me a check, give me their credit card, or provide me the passwords to their massive offshore bank account. They should at least send me a box of cigars and a bottle of Bourbon to butter me up. I mean, after all, I know it is mathematically factual that I sell something which returns more money than its cost. What kind of moron can’t see that?
Let me tell you something you you probably already know. There are a whole bunch of crazy, “idiots, morons, and fools” out there who will not buy what you sell. Even if you are selling the cure for cancer, free money, or a magical 24 hour orgasm, it will not sell itself. It will also not sell to “everybody”. Marketing to “everybody” as a prospective buyer would not even be a wise marketing approach if Coca Cola, McDonald’s, and Microsoft merged.
When you consider it closely, maybe they are not all such idiots, morons and fools. Instead, maybe it is your lack of targeted marketing, using data-driven customer modeling and calculated market segmentation.
Targeted marketing is exactly why I don’t write this blog for idiots, morons, and fools. I write it for people like you, who will appreciate good marketing ideas, pass them along to others, and add to the conversation with your comments. Actually, I don’t rely on the blog comments so much, because my target audience is pretty shy, but they do share a lot.
Target Market Segmentation Challenge
My challenge to you is to take the time and effort to segment your market more carefully. Start thinking in terms of demographics, psychographics, geographics, and who your best customers really are. What spins their fan, and what can you do to make your brand more like sex, bacon, and other things they love? Where will you reach them, and what will inspire them? Use what you know, expand what you know, and get creative with your marketing.
Targeted marketing seems very foreign to many people, but the good news is that this includes your competition. Just like everybody is not a customer, everybody is not a marketing genius either. Understanding a market requires marketing talent, which comes with practice, accurate data, and the right set of marketing tools. Unless you are willing to hire a professional, you will need to practice, and practice a lot.
I think of it like a trip to the gun range. Sure, I like to bring a lot of ammunition, but it is even more important to use the right gun, and learn how to aim it well. A sniper rifle is best, but many people fear that level of commitment to their marketing. So it is best to at least learn how to aim what you have. A Lot of Ammunition is Good, But Sharper Aim is Better!
Practice Targeting Your Market
Maybe you believed that optimizing your marketing reach would be easy in the beginning, but you surely know better by now. Look at your market penetration and consider these questions:
Are getting all you can (or at least all you want)?
Are you getting huge buyout offers?
Are you expanding your company at astonishing rates that would make Facebook founder Mark Zuckerberg blush?
If your answers are “no”, then you need more practice to hone your skills. It will not kill you, and in the off chance it does, it was nice knowing you. If you are not afraid of dying, keep reading for thoughtful encouragement.
Practice your creative thinking. Practice your analytical thinking. Figure out who wants what you have, and what they will respond to favorably. Don’t try to reach them all. I know that it is hard to overlook all of those potential customers, but you will reach a whole lot more of them if your marketing is targeted appropriately.
If growing your business really matters to you, be ready to lose some sleep for it. Perfect customer modeling takes a lot of marketing talent and creativity. These are things you can improve, with enough effort.
Back to the gun analogy: You can make a lot of noise and scatter a lot of lead with a 12 gauge shotgun. It is particularly good for scaring your customers away, but not very good for hitting them in the heart, where you want your brand to penetrate. When you hit your market in the heart, you will find a lot more love flowing in both directions.
Shotgun Marketing Scares More Birds Away
If you don’t have the time or skill to become a true marksman, it is best to either rework your schedule to develop your abilities, or find a good hired gun.
I will part with some articles related to targeted marketing. There are more in my blog archive, and more yet to come. Check them out and subscribe for more bits of marketing brain food coming soon.
Bloomingdale's Douchebag Award
I have a question for Bloomingdale’s, and then I will move on with the story. Here is my question: “Dear Bloomingdale’s: Did you bump your collective head?”
Bloomingdale’s department store sent me a cease and desist notice for mentioning them, along with a link to their website. Strangely, I find that other companies such as Microsoft, Apple, Pepsi, and other brands don’t seem to mind positive mention from the public. No, instead, they seem to like all of those mentions of their brand name along with links to their websites. It is what makes them more popular, and it is good for SEO. That means search engine optimization, Bloomingdale’s.
Do you ever come across a company that makes you absolutely convinced that somebody “upstairs” in the corporation took one too many drunken stage dives? I do, and I got that feeling today when I sorted through an email spam folder. I discovered threatening letters from Bloomingdale’s department store claiming they plan to sue me if I do not remove their name from one of my websites.
So, what in the name of all things rational is fleeting through the legal minds at Bloomingdale’s? Are they trying to squash all mentions of their brand name on the Internet, or did they just pick on my 2002 relic that listed their website in a shopping directory?
Aside from the fact that they emailed me a spam-ish form letter, it kind of made me wonder if they just don’t receive the Internet over in their part of the world. Oh yes, Bloomingdale’s is based in New York, NY, and I know they must have access to mostly the same Internet as the rest of us. It seems odd that they didn’t figure out those links are good for them.
Maybe they are just too damn tired of being in business and want to call it quits. Maybe they have enough business, and just thumb their nose at all of the rif-raf out here on the silly and icky Internet. It beats me, but there is definitely something resembling last year’s tuna salad. It doesn’t smell healthy to me.
It made me wonder just what asinine sort of “unbranding” they are seeking by picking on me. Bloomingdale’s actually wants to erase a positive mention and a website link to their company, and they threatened a lawsuit to make it happen. Who is running the Bloomingdale’s Internet campaigns? Is it the “stars” from Jersey Shore?
To me, it seems they are having one of those moments that you or I may call a “shit the bed” encounter. You know, one of those times when you wake up ready for a challenge and say “Damn, I am feeling way too smart, and it has been a while since I topped my all time stupidest moment.”
Before I go too far, let me just say this: If you should choose to link to my website as a good resource for the SEO and social media marketing services I offer, it is pretty unlikely that I will send you nasty email messages filled with idiotic idle threats about suing you. I don’t sue for Twitter retweets, Digg votes, or Facebook likes, either. No, instead, I will more likely send you a pair of lips to virtually kiss you square on the mouth. In any case, I will not treat you the way Bloomingdale’s Department Store treated me!
Bloomingdale’s Threatens to Sue for Promoting Them
I have included letters that I received describing Bloomingdale’s threats to sue for using their name in a shopping directory (see below). I omitted the URL where the alleged offense occurred, but not because there was any violation. I simply do not intend to give the Bloomingdale’s website link on that page any further relevance by mentioning it here.
The website in question was from a retail example website for my wholesale Internet access company. It was created as a working demo for wholesale ISP (Internet service provider) clients. Although it once had many dial-up customers, we didn’t even market that site when it did have the option of signing up for dial-up Internet access. Our business is selling services to other ISPs.
Each of these letters from Bloomingdale’s are mostly the same rhetoric, and they each demand that I remove the content within five days. My thoughts for Bloomingdale’s are as follows:
Five days are up, Bloomingdale’s. Let’s shit or get off the crapper. Bring on the lawsuit and let’s see what the Internet public thinks of it. Maybe I will sue you back for being disastrously lame in your online acuity. My sense of the matter is that your legal and marketing departments should borrow a brain cell from a store clerk and stop fighting over just one.
At first, I was torn between whether to let you know just how badly you need my services to avoid coming off as a douchebag company, or whether to let others decide whether you are a douchebag company. I chose the latter, but you should probably read more of my work to determine the former. A better strategy to your online marketing efforts seems desperately in order.
Bloomingdale’s Demand Letters
Before I leave you to review the Bloomingdale’s demand letters I received, I want to say this:
Bloomingdale’s, Bloomingdale’s, Bloomingdale’s … nanny nanny boo boo. I used your name again. When you write up that lawsuit, just be sure to spell my name right.
Just one more outrageously funny thing I must mention is the Bloomingdale’s expressed concern for their name appearing in meta tags. That makes it seem even clearer to me that they are stuck in the “Miami Vice” and “Chaka Kahn” era.
Hello? Year 2011 calling Bloomingdale’s! If you are paying attention, you should probably have somebody in your “brainiac” eye tee department read “SEO Meta Tags: Oh, You Must Be Another SEO Expert!“ Perhaps they should check out the meta tags on this page while they are at it.
MARIE CAMACHO
FACSIMILE: 646-429-7521/22
EMAIL: infringement.response@macys.com
2/16/2011
VIA E-MAIL
Re: Notice of Infringement on the Bloomingdale’s Trademark
To Whom It May Concern:
This office is counsel to Macy’s, Inc., its subsidiaries, and operating divisions, including those operating Bloomingdale’s department stores (herein referred to as “Bloomingdale’s”.) Bloomingdale’s is the owner of all rights, title and interest in and to the BLOOMINGDALE’S® name and trademark, which is the basis for an extensive family of trademarks and service marks. The BLOOMINGDALE’S® family of marks is the subject of numerous active registrations with the United States Patent and Trademark Office for a wide range of products and services. Bloomingdale’s has continuously invested substantial time, money and effort in the marketing and sale of products and services represented by this mark nationwide. As a result, the BLOOMINGDALE’S® name has become famous. It represents an exceptional level of consumer recognition and goodwill and is a property of incalculable value to the company.
Bloomingdale’s recently became aware of your use of the Bloomingdale’s trademark in meta tags (and/or hidden text) at http://www.********* used to attract Internet traffic to your web site. Your use of this trademark to attract Internet traffic is an obvious attempt to capitalize upon the goodwill associated with Bloomingdale’s for your company’s benefit by diverting buyers. More particularly, the Lanham Act, 15 U.S. Code Section 1117 provides for recovery of profits and damages, as well as a sum of up to three times the amount of damages for violations of Section 1125(a).
Accordingly, demand is made that you immediately cease-and-desist from any further use of the Bloomingdale’s trademark name in the meta tags (and/or hidden text) on your web site. Additionally, we must receive your written assurances that you will make no use of Bloomingdale’s registered mark in your business affairs in the future.
Provided you immediately comply with our reasonable demands, a lawsuit may be avoided. If your unauthorized use of Bloomingdale’s intellectual property continues and we do not hear from you within five (5) days of the date of this letter, my client has already authorized the filing of a suit against your company, seeking immediately injunctive relief and all damages allowable under the law.
We shall be monitoring your website and await your response in writing to this office. Should you have any questions or comments regarding Bloomingdale’s position in this matter, please contact me via e-mail. Nothing herein shall constitute a waiver of any of Bloomingdale’s rights in law or in equity, all of which are expressly reserved.
Thank you for helping us protect our brand. If you are authorized to use our intellectual property and believe you have received this in error, please provide the name and number of your contact within the company in order to verify your use and close the matter.
Sincerely,
Marie Camacho
MARIE CAMACHO
FACSIMILE: 646-429-7521/22
EMAIL: infringement.response@macys.com
2/23/2011
Re: Notice of Infringement on the Bloomingdale’s Trademark
To Whom It May Concern:
This office is counsel to Macy’s, Inc., its subsidiaries, and operating divisions, including those operating Bloomingdale’s department stores (herein referred to as “Bloomingdale’s”.) Bloomingdale’s is the owner of all rights, title and interest in and to the BLOOMINGDALE’S® name and trademark, which is the basis for an extensive family of trademarks and service marks. The BLOOMINGDALE’S® family of marks is the subject of numerous active registrations with the United States Patent and Trademark Office for a wide range of products and services. Bloomingdale’s has continuously invested substantial time, money and effort in the marketing and sale of products and services represented by this mark nationwide. As a result, the BLOOMINGDALE’S® name has become famous. It represents an exceptional level of consumer recognition and goodwill and is a property of incalculable value to the company.
Bloomingdale’s recently became aware of your use of the Bloomingdale’s trademark in meta tags (and/or hidden text) at http://www.*********.com used to attract Internet traffic to your web site. Your use of this trademark to attract Internet traffic is an obvious attempt to capitalize upon the goodwill associated with Bloomingdale’s for your company’s benefit by diverting buyers. More particularly, the Lanham Act, 15 U.S. Code Section 1117 provides for recovery of profits and damages, as well as a sum of up to three times the amount of damages for violations of Section 1125(a).
Accordingly, demand is made that you immediately cease-and-desist from any further use of the Bloomingdale’s trademark name in the meta tags (and/or hidden text) on your web site. Additionally, we must receive your written assurances that you will make no use of Bloomingdale’s registered mark in your business affairs in the future.
Provided you immediately comply with our reasonable demands, a lawsuit may be avoided. If your unauthorized use of Bloomingdale’s intellectual property continues and we do not hear from you within five (5) days of the date of this letter, my client has already authorized the filing of a suit against your company, seeking immediately injunctive relief and all damages allowable under the law.
We shall be monitoring your website and await your response in writing to this office. Should you have any questions or comments regarding Bloomingdale’s position in this matter, please contact me via e-mail. Nothing herein shall constitute a waiver of any of Bloomingdale’s rights in law or in equity, all of which are expressly reserved.
Thank you for helping us protect our brand. If you are authorized to use our intellectual property and believe you have received this in error, please provide the name and number of your contact within the company in order to verify your use and close the matter.
Sincerely,
Marie Camacho
MARIE CAMACHO
FACSIMILE: 646-429-7521/22
EMAIL: infringement.response@macys.com
3/2/2011
To Whom It May Concern:
In order to avoid formal legal action, we are writing once more to follow up to our earlier letter to you regarding your use of Macy’s Inc. trademark (Bloomingdale’s) in the meta data of your website http://www.*********.com. As explained in our previous letter, Macy’s Inc. has well established rights in this mark and it is well known to consumers throughout the world.
As you know, Macy’s Inc. recently became aware of your unauthorized use of its trademark and sent you a letter requesting that you cease and desist from such use (and confirm same in writing). As of this date, we have not received a response from you about this matter, and the infringing content still appears in the code of your website. Your failure to act upon receipt of our notice underscores that your use is willful, exposing you to up to three times the amount of damages typically awarded for violations of Section 1125(a).
Your infringing use of our property is an obvious attempt to legitimize your website and/or divert traffic from this company’s authorized site. Accordingly, we reiterate our demand that you terminate the use of our brand in the meta data of your web site, and provide written assurances that you will make no use of Macy’s Inc.’s marks or other intellectual property in your business affairs in the future.
Provided you immediately comply with our reasonable demands, a lawsuit may be avoided. If your unauthorized use of our intellectual property continues and we do not hear from you within five (5) business days of the date of this letter, we reserve the right to pursue any and all remedies without further notice, including the filing of a suit against you seeking immediate injunctive relief and all damages allowable under the law. We shall be monitoring your website and await your response in writing to this email address.
Thank you for helping us protect our brand. If you are authorized to use our intellectual property and believe you have received this in error, please provide the name and number of your contact within the company in order to verify your use and close the matter.
Nothing herein shall constitute a waiver of any of Macy’s rights in law or in equity, all of which are expressly reserved.
Sincerely,
Marie Camacho
Photo Credit: Combination enema and douche syringe by Shattonbury via Wikipedia
