PUBLISHERS NOTE: EBAY AND EINSTEIN
As a lapsed attorney, I thought I had heard all the lawyer jokes and quotes, but
here’s a new one to me, simple yet profound. “Lawyers, I suppose,
were children once.” (Charles Lamb) So many levels, so little time... On a
more serious note, the most honest law-related quote I ever heard came from none
other than Albert Einstein: “Nothing is more destructive of respect for the
government and the law of the land than passing laws which cannot be enforced.”
The Einstein quote is particularly relevant to today’s digital world, where
we all struggle to find the right balance between protecting intellectual property,
promoting new forms of commerce and communications, and dealing with the
public’s appetite for fast and free information flow. The controversy arises
because digital technology makes it easy and, seemingly, harmless, to infringe or
steal from copyright and trademark holders.
In this context, eBay won an intriguing and important legal victory this month. A
federal judge ruled that manufacturers, in this case high-end jeweler Tiffany &
Co., are responsible for policing their own trademarks online — not the auction
platforms or online marketplaces like eBay. Tiffany had sued eBay over the sale of
counterfeit jewelry on eBay’s sites, contending that most items listed as genuine
Tiffany products were fakes. U.S. District Judge Richard J. Sullivan, sitting in New York,
found that eBay cannot be held liable for trademark infringement “based solely
on their generalized knowledge that trademark infringement might be occurring on
their Web sites.”
Something about the decision stinks: everyone knows that the auction sites are
widely used by counterfeiters, and in an ideal world — or even the analog world
where we used to live — entities who facilitated intellectual property theft had
some degree of accountability. But the tsunami of digital content overwhelms
traditional notions of enforcement, and the public does not want the fun to end by
having the eBays or Facebooks serve as cops. Sitting in his chambers, I feel sure
Judge Sullivan pondered the Einstein quote, then faced reality: right or wrong, you do
not create a law that cannot be enforced.
— Gordon Kaye
GRAPHIC NEWS
Sky’s The Limit
David Becker, head of Phillippe Becker, a 24-employee San Francisco graphic design firm,
was recently featured in Inc. Magazine — not for his branding or package design
work but for skydiving. In the article, Becker says that the lessons he has learned in the
sport, i.e., careful preparation, focus, teamwork, and risk taking, have helped him to
become a better entrepreneur. After a day of skydiving, he says, “you are completely
cleansed and ready to attack your job again. It’s incredibly rejuvenating.”
The 44 year old jumps five or six times every other weekend, with the typical jump at
13,000 feet, and a free fall time of about 60 seconds.
http://www.inc.com/magazine/20080701/the-inc-life-passions.html
Turning 30, Disruptively
The Willoughby Design Group is celebrating 30 years in business. Rather than resting
on its laurels, the firm has launched a new design innovation lab that it hopes will energize
the next three decades. The idea for a lab, says Ann Willoughby, started back in the
1980s when the firm was involved in the development of the specialty retail food niche,
“fast casual,” with store identities for Bagel & Bagel and Einsteins’
Bros. Bagels. Willoughby also designed the concept store for Three Dog Bakery, the first
global bakery for dogs. “The design innovation lab gives our clients the strategic
and design support they need to get winning ideas to market faster,” she says.
The focus will be to partner with retails “to develop disruptive strategies for new
brand offerings in specialty and mass retail channels.” The company lists among
its clients Hallmark, Peruvian Connection, Lee Jeans, Wonder Bread, United Nations, the
Kauffman Foundation, Hershey’s and New Leaf.
http://www.willoughydesign.com
April Greiman At SVA
This Fall, the School of Visual Arts will honor April Greiman with the Masters Series
Award and retrospective exhibition. Greiman has explored the intersection of art,
design and architecture for more than a quarter century. Born and raised in New
York, she now heads the Los Angeles design consultancy Made in Space. “April
Greiman: Does It Make Sense?” will be on view from October 20 through
December 13 at the Visual Arts Museum in Manhattan. Her contribution to visual
culture is evident in the breadth of her portfolio, with commissions ranging from a
US postage stamp commemorating the Nineteenth Amendment (universal suffrage)
to an LED installation for the 31-story Accenture Tower in Minneapolis. These works
will be represented alongside posters, identity systems, experimental videos and
digital photographs. Long interested in the built environment, Greiman has frequently
collaborated with architects, among them Frank Gehry and Michael Rotondi. Shown
here: “Hand Holding a Bowl of Rice,” wall mural, Wilshire Vermont
Station, Los Angeles, 2007.
Contact: 212.592.2145
TAKE FIVE! CAREER TIPS
FROM THE CREATIVE GROUP:
DISCUSSING SENSITIVE ISSUES WITH COWORKERS
Half of executives polled by The Creative Group said a colleague has tried to make
them look bad on the job. How you handle these situations can affect your career
prospects. Following are five tips for broaching touchy topics with coworkers:
1. Allow “cool-down” time. Don’t respond in the
heat of the moment; instead, wait until you are calm to start a discussion.
2. Look at the situation from every angle. What were your
colleague’s intentions? Did you play a role in the problem? Before you confront
someone, try to identify his or her motives, as well as any steps you could have taken
to avoid the situation.
3. Chat in person, if possible. E-mailing about a sensitive situation
can lead to misinterpretation, since you don’t have the benefit of body language
or vocal inflection.
4. Explain the impact. Rather than hurling accusations, calmly
explain how your coworker’s actions have made you feel. Then give him or her a
chance to respond.
5. Listen actively. Pay close attention to what your colleague has
to say. Even if you disagree, you’ll get a better sense of how that person thinks,
which can help you predict future behavior.
The Creative Group is a specialized staffing service placing creative, advertising,
marketing and web professionals on a project basis. Find more information at
www.creativegroup.com
MORE GRAPHIC NEWS
Second Shift
Omnicom Group’s new strategic agency, G23, is focused on consulting for
communications marketed at women. Senior female heads of staff across Omnicom
companies lead G23 — while continuing to manage their existing positions. The
idea came to Janet Riccio, EVP of Omnicom Group, after a discussion about the increasing
role that women play in a global economy. To get things started, G23 embarked on a
study — with Harris Interactive and Pacific Ethnographic — to examine the
behaviors of women from 16 different countries over 30 product categories. Called
“The 8 Female Tribes that Power the Global Economy,” the study classifies
a female based on her relationship with her money: how she spends it, on what, and the
control she exerts over her and her family’s finances. “The point is to harness
the power of the female economy, and track the economic power of women around the
globe,” said Tracy Lovatt, an EVP at BBDO North America, and a G23 member.
The goal, adds Riccio, is “to change the lexicon and help businesses rethink the
way they do business with women.”
Duffy Sets Example
Seeking to set a standard for design firm self-promotional websites, Duffy and Partners
has relaunched its website with a strong brand message and the use of dynamic
web-based graphic features. These include: bigger and bolder client images; more
indepth historical case studies; a high res photo gallery of their favorite packaging
and signage brand designs, including a virtual tour of their work; an easy scroll function
to link to the blog site; a new website newsletter that highlights events at the firm;
and an updated video link for podcast or viral-link broadcast of commentary featuring
Joe Duffy, Tricia Davidson and Eric Block.
http://www.duffy.com
Destination Is Destiny
Just when you thought there were no more places where ad messages could be
placed... six airlines are partnering with Sojern, a new company that provides customized
content to air travelers when they access their online boarding pass. The boarding pass
is splashed with coupons, weather information, restaurants and event promotions tailored
specifically to the ticketholder’s destination. Travelers will be able to click on links
on their passes for all the suggestions and advertisements to get more information, order
tickets or make reservations. Although the service will be offered initially by Delta, Sojern
has also cut deals with American, Continental, United, Northwest and US Airways. Advertisers
pay Sojern for the ads, and the airlines are minority shareholders. Duane Woerth, a
co-founder of Sojern, sees the service as especially useful for last-minute business
travelers since they don’t always have time to make plans.
TECHNOLOGY NEWS:
MICROSOFT EXPRESSION STUDIO BRINGS YOUR VISION TO REALITY
Microsoft Expression Studio takes your creative possibilities to a new level. The
professional design tools and innovative technologies in Expression Studio give you the
flexibility and freedom to bring your vision to reality — whether you are designing
standards-based Websites, rich user experiences for the desktop and Silverlight, or
managing digital assets and content.
http://www.microsoft.com/expression/
MORE GRAPHIC NEWS
The Recessionistas
Many consumers are strapped for cash and having to make tough purchasing decisions.
For those who would rather look good than feel good, it’s become cool to be frugal.
These so-called “recessionistas” are working hard to get their essential
fashions on the cheap. One way is to shop at stores that feature guest designers; with
stores and designers as diverse as Patricia Field for Payless and Alexander Wang for Uniqlo,
there is a large selection of budget-friendly high fashion available. Another approach:
attending invite-only online sample sale sites like Gilt.com where, if you can score an
invitation, the site offers name designers merchandise like Diane von Furstenberg, John
Varvatos & Valentino for a reported 70% off. Repurposing old clothing into
“new” pieces is also a popular way to update a wardrobe. Finally, clothing
swaps, and wine-filled swap night parties, are reportedly a way to get rid of old clothes
and get some new ones for free.
Big And Simple
The current advertising campaign for Teachers Credit Union (TCU) of Indiana can
be summed up in two words: Big. Hit. Extra Credit Projects of Grand Rapids MI developed
and executed the campaign with a focus on outdoor advertising. Dozens of billboards,
including side-by-side and stacked bulletins and digital outdoor, feature two word
headlines promoting various TCU service lines. The campaign has also been extended
to on-location signage, radio, internal communications, the website and even money
holders. “We have been fortunate enough to work with a client who sees the
value of simplicity,” says Rob Jackson, Principal and Creative Director of the
Grand Rapids MI-based design firm. The client has over $1.7 billion in assets and
branches throughout Indiana. In addition to Jackson, credits go to Art Director
Kristin Alt, Designer: Nolan Abney, and Copywriters Alt and Patrick Duncan.
http://www.extracreditprojects.com
TA Little Less Social
Advertising on social networking sites is no longer expected to grow as fast as
once predicted this year, says a new report issued by eMarketer, suggesting that
enthusiasm is waning among buyers for the still fast growing category. Though it
may not reach the projected $1.6 billion, spending will reach $1.4 billion in 2008,
according to eMarketer's latest report. That new spending benchmark would
represent growth of 55 percent, enviable by any standard, but down significantly
from the 163 percent growth spurt exhibited last year. eMarketer pins the dip on
the uncertain economy and the lack of established advertising practices in the still
emerging segment. MySpace has reorganized its sales operations as the company
fell short of parent News Corp’s goals, and Facebook stumbled with it’s
attempt to take advantage of the viral nature of the site by publishing its users
purchases and brand preferences to friend groups. Those two sites, according to
eMarketer, take in nearly three-in-four social networking ad dollars.
NOW ON GDUSA.COM
Logo Trends
Bill Gardner’s LogoLounge Logo Trends Report...
http://www.gdusa.com/issue_2008/04_apr/feature/index.php
Color Trends
The 2008 Color Forecast...
http://www.gdusa.com/issue_2008/05_may/feature/
Print Trends
The 45th Annual Print Design Survey...
http://www.gdusa.com/issue_2008/06_jun/feature/index.php
Web Trends
Our Annual Web Design Report...
http://www.gdusa.com/eblasts/080325_photos/msg2.html
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