Legal Stuff

What is Advertising in the Post-Advertising Age?
 
Let me tell you a story.
 
Over a year ago, we purchased a bunch of URLs for a new site we were dreaming about. We were going to call the site postadvertisingage.com or post-adage.com or something similar. The site was going to be a place where people could openly discuss the realities, implications and contradictions of what we have been calling the “post-advertising age”—this moment when traditional advertising and media are faltering and, increasingly, getting ignored as entirely new marketing strategies and new media emerge daily.

The baseline question for us is pretty straightforward: Big media, big ad agencies and big brands owned the advertising age, so who’s gonna own the post-advertising age?

But before we could launch the site, pose the question and start the conversation, lawyers representing Crain Communications, owners of the weekly Advertising Age, sent us a letter claiming THEY own the post-advertising age. They think they’ve trademarked it, and they want us to turn over all our URLs. They wrote, “...we demand that you immediately transfer the Domain Names to Crain.”
 
Their attitude, of course, packs a certain amount of entertainment value. Crain, after all, has a big economic stake in preserving the hegemony of big agencies, big ad budgets and traditional big media. Turning over the post-advertising age to Advertising Age would be like giving Fox News ownership of the “truth.” (Yes, Fox thinks it owns "truth" already. But that’s no reason to make it official.)
 
So, as a public service, our lawyers wrote Crain back and declined to cooperate with their demands. Subsequently, thinking it over, we proposed a compromise to Crain: We’d keep the URLs, but we wouldn’t use them. On the other hand, we informed them that we’d go right on using the phrase “post-advertising age” in any English sentence we could compose. The First Amendment, we informed them, gives us that right.

For better or worse, the letter got us going and, as you can see, we finally have launched our much-dreamed-about site. This one. Post-advertising.com. No “age,” so the entire Crain family and its subsidiaries should be appeased. But lots of “Welcome to the post-advertising age.” We’ll see what happens.
 
Keep us company while we wait to be sued (or not). Meanwhile, enjoy the first-ever musings on the post-advertising age at post-advertising.com, where we’ll link to things that seem relevant, post ideas and examples of non-traditional stuff that’s being tried. To submit something, contact our editors here.
 
Sincerely,
 
The Folks at Story Worldwide

 


More Legal Articles

Conciliatory Steps

From:
J. Michael Huget
Butzel Long, Attorneys and Counselors
734-995-3110
huget@butzel.com
Counsel to Crain Communications, Inc.

To:
Mr. Jeremy Bisdorf
Jaffe Raitt Heuer & Weiss PC
201 South Main Street, Suite 300
Ann Arbor, MI 48014

May 8, 2007

Re: Story Worldwide, Inc. and POST-ADVERTISING AGE-related marks

Dear Mr. Bisdorf:

This is in response to your letter of May 22.  Despite the tone and posturing of your letter, Story Worldwide, Inc. (“Story”) appears willing to take conciliatory steps to which Crain Communications (“Crain”) will respond in a similar fashion.

Crain will suspend further action against Story in the event that Story: 1) affirmatively abandons its POST-ADVERTISING AGE-related trademark registration applications; 2) ceases usage of POST-ADVERTISING AGE-related trademarks; 3) ceases usage of Advertising Age-deri...

We’re Not Gonna Take It

From:
Jeremy D. Bisdorf
Jaffe, Raitt, Heuer & Weiss

To:
J. Michael Huget
Butzel Long
Suite 300, 350 South Main Street
Ann Arbor, Michigan

Re: Story Worldwide

May 22, 2007

Dear Mr. Huget:
This letter is a response to your May 8, 2007 letter to us regarding claims made by your client, Crain Communications, Inc. (“Crain”), with respect to our client Story Worldwide, Inc. (“Story”).  In your letter you assert that Story has: 1) improperly registered the domain names post-advertisingage.com, post-advertisingage.net, postadvertisingage.com and post-advertisingage.org (collectively, the “Domains); 2) improperly used Crain’s ADVERTISING AGE trademark; 3) sought registration for service marks, that if registered, would damage Crain’s trademark ADVERTISING AGE; and 4) improperly used copyrighted materials on its website.

First, with respect to the Domains,...

Affiliated with Crain? “They are not.”

From:
J. Michael Huget
Butzel Long, Attorneys and Counselors
734-995-3110
huget@butzel.com
Counsel to Crain Communications, Inc.

To:
Mr. Jeremy Bisdorf
Jaffe Raitt Heuer & Weiss PC
201 South Main Street, Suite 300
Ann Arbor, MI 48014

May 8, 2007

Re: Story Worldwide, Inc. and POST-ADVERTISING AGE

Dear Mr. Bisdorf:

As you know, we are counsel to Crain Communications, Inc. (“Crain”), which has asked us to write you on its behalf.  We respond here to your letter of March 19 in which you identified Story Worldwide, Inc. (“Story”) as your client and the owner of several ADVERTISING AGE-related URLs: post-advertisingage.com, post-advertisingage.net, postadvertisingage.com, post-advertisingage.org (collectively, the “Domains”).

We restate for the benefit of Story, Crain’s broad, longstanding use of ADVERTISING AGE in connection ...

Defense, Part I

From:
Jeremy D. Bisdorf
Jaffe, Raitt, Heuer & Weiss

To:
J. Michael Huget
Butzel Long
Suite 300, 350 South Main Street
Ann Arbor, Michigan

March 16, 2007

Dear Mr. Huget:

Our firm represents Story Worldwide LLC (“Story”).  Story is in receipt of your letter dated March 14, 2007 to Ms. Ellen Jacob concerning the domain names:  post-advertisingage.net, post-advertisingage.org, post-advertisingage.com and postadvertisingage.com (collectively, the “Domains”).  Story is the owner of the Domains.

We disagree with your position that Crain Communications, Inc. has any right to the Domains.  As such, Story does not intend to transfer them to your client.

Story’s managers have asked us to tell you that they would be happy to sit down with Rance Crain and discuss the matter at any mutually convenient time and place.

Please direct any f...

First Salvo

From:
J. Michael Huget
Butzel Long, Attorneys and Counselors
734-995-3110
huget@butzel.com
Counsel to Crain Communications, Inc.

To:
Ms. Ellen Jacob
Jacob Packaged Goods, LLC

March 14, 2007

Re: ADVERTISING AGE

Dear Ms. Jacob:

We are counsel to Crain Communications, Inc. (“Crain”), which has asked us to write you on its behalf.  As you may know, Crain publishes more than thirty (30) newspapers and magazines throughout the world.

In this regard, Crain owns Advertising AgeAdvertising Age is the world’s leading brand for news and insight on marketing, advertising and media.  To protect its valuable brand, Crain has twice registered the ADVERTISING AGE trademark with the United States Patent and Trademark Office (“USPTO”) for ADVERTISING AGE, Reg. Nos. 273,431 and 2,465,499.  Attached hereto as Exhibit A.  Both...

storyworldwide

IN THE POST-ADVERTISING AGE,
THE BRANDS THAT TELL THE BEST STORIES WIN.
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Jeremy Greenfield
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