A federal judge today cancelled the Washington Redskins federal trademark registrations on their name because it's racist. US District Judge Gerald Bruce Lee's decision affirmed a previous ruling that that the name is offensive to Native Americans and as such can't be legally be protected. The cancellation, hailed by Native American activists as a “huge victory,” doesn’t go into effect until the team has exhausted the appeals process in the federal court system. And Redskins President Bruce Allen vowed Wednesday that the team would appeal.
“We are convinced that we will win on appeal as the facts and the law are on the side of our franchise that has proudly used the name Washington Redskins for more than 80 years, said Resdskins president Bruce Allen.
From the Washington Post:
(Lee rejected) the team’s argument that the vast majority of Native Americans had no objection to the name when the trademarks were granted between 1967 and 1990. Instead the judge questioned why the team ever chose the name, pointing out in his ruling that Webster’s Collegiate Dictionary defined the word as “often contemptuous” in 1898, “seventy years prior to the registration of the first Redskins Mark.”Read the rest
Remember the hype about neuromarketing, the use of brain imaging and other technologies to directly measure consumer preference or the effect of advertisements on our unconscious? In The Guardian, Vaughan "Mind Hacks" Bell looks at the latest in neuromarketing and breaks it down into "advertising fluff, serious research, and applied neuroscience." From The Guardian:
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First, it’s important to realise that the concept of neuroscience is used in different ways in marketing. Sometimes, it’s just an empty ploy aimed at consumers – the equivalent of putting a bikini-clad body next to your product for people who believe they’re above the bikini ploy. A recent Porsche advert (video above) apparently showed a neuroscience experiment suggesting that the brain reacts in a similar way to driving their car and flying a fighter jet, but it was all glitter and no gold. The images were computer-generated, the measurements impossible, and the scientist an actor.
In complete contrast, neuromarketing is also a serious research area. This is a scientifically sound, genuinely interesting field in cognitive science, where the response to products and consumer decision-making is understood on the level of body and mind. This might involve looking at how familiar brand logos engage the memory systems in the brain, or examining whether the direction of eye gaze of people in ads affects how attention-grabbing they are, or testing whether the brain’s electrical activity varies when watching subtly different ads. Like most of cognitive neuroscience, the studies are abstract, ultra-focused and a long way from everyday experience.
Ogilvy & Mather HK's Pizza Hut Blockbuster Box converts into a low-powered projector for your phone. Read the rest
I'm fascinated by conspiracy theories and their origins. I'm also fascinated by the real people behind click-bait and spam email scams. This story brings them both together.
Reporter Zack Beauchamp went looking for Frank Bates, the face of a "FEMA hates this!"/"The secret Obama doesn't want you to know!"-style online ad campaign that sells overpriced dehydrated food (and lots and lots of fear) to middle-aged conservatives. He quickly discovered that Bates doesn't actually exist. Instead, the company Food4Patriots is the work of a salesman named Allen Baler who was just tired of working in an office and wanted to run his own business.
Unlike Bates, Baler doesn't live off-the-grid. He doesn't appear to be under any threat from FEMA and/or the Obama administration. It's not even clear that he's particularly conservative. But Baler is making an awful lot of money pretending to be Bates.
I wouldn't normally link to ThinkProgress, which generally seems to exist for the sole purpose of getting liberal people outraged about things. (I'm not particularly fond of the Outrage-Industrial Complex, no matter which side is participating.) But this story is a fascinating look at what goes on behind the scenes of scammy ad links you see all over the Internet and I think it's worth reading.
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Baler started dabbling in this field in his free time after work. His first foray — a campaign he refers to as “How To Train Your Pug Dog” — got noticed by his boss, who told him to choose between making cheapo pug training videos and his “multiple six figures” salary.
Here's a 2008 video of NYC's legendary Union Square potato-peeler salesman, Manchester-born Joe Ades, the Gentleman Peeler, whose patter was as smooth as the carrot slices he produced with his sharp little gadgets. He died in 2009, the day after he was notified that he had attained American citizenship. He modelled himself after "the patterer," the well-dressed salesman that were written about in Henry Mayhew's classic London Labour and the London Poor (this book also inspired Terry Pratchett's brilliant standalone novel Dodger).
Bompas and Parr are a London-based "food-nerd" studio that makes weird and amazing foodstuffs, including an edible fireworks display for New Years Eve that showered revelers with strawberry smoke, peach-flavored snow, orange bubbles and banana confetti. In a fascinating profile in Wired, they reveal something of their methodology and their portfolio, which sounds delicious and ambitious.
Officemax sent junkmail to Mike Seay at his address in Lindenhurst, IL, with the notation "Daughter Killed In Car Crash" under his name. Seay's 17 year old daughter was killed in a crash last year. Officemax says it bought Seay's name from a marketing company, and implies that the company had made the notation in its list. It's not clear what marketing purpose this information was intended for (is there a sub-list for "bereaved parents" that's rented out to grief counselors looking for business?) or whether this was a one-off in a data-entry department.
Seay is understandably very upset. The Officemax call-center person he spoke to refused to believe him, as did an official spokesdroid. He's seeking an apology from Officemax's CEO. Read the rest
Anjin Anhut's concise explanation of why gender representation sucks in games and geeky movies (see this and especially this) sounds solid -- if depressingly entrenched -- to me. Anhut's thesis is that entrenched sexism created a situation in which marketing was tilted towards men, and then market research showed that men were the majority consumers of geek culture (surprise, surprise), which led to an even greater male bias in marketing, and more research showing that men were the major customers for games and geeky movies -- lather, rinse, repeat. It's a disheartening tale of how gender bias emerges naturally out of a series of "rational" commercial decisions that reinforce their own flawed logic at each turn. Read the rest
I had the above-reproduced SMS exchange with a bot from my horrible mobile phone carrier, Orange UK (now called "EE" after the high-pitched noise my incipient aneurysm makes whenever I have to deal with them, and because vowels) today. They have "good news" -- I have been subscribed to "special offers" from "great brands" via SMS. And I can opt out. Except, surprise, it takes three weeks to process these opt-outs.
Not sure what I should do apropos of any "great brands" who pay Orange to spam me in the runup to Christmas: maybe just name-and-shame them here? Any other ideas? Read the rest
Mark "Copyranter" Duffy asks "Why are so many Social Media Managers dipshits?"
Today, many of the social media managers at large and important companies are, by contrast, not very smart ad men. To say that they regularly underestimate their customers’ intelligence would be a great understatement. They seem to believe their customers have the brain power of a baked potato. I’ve collected eight recent social media posts by large companies. Most of these updates are from the last month. To try to pick the abjectly stupidest one would not be easy. You can go ahead and give it a try, though.Read the rest