Comment on Ad Age Article “Agencies Look to Defend Intellectual Property Rights in Reviews”

Our response to an article that ran in today’s Ad Age about the “4A’s Missive Sent to Search Consultants Argues for New Agreements in New-Business Pitch Contracts”

Rather than trying to put the onus on consultants to add a “creative ownership” clause to its contract with the client, how about if the agencies refuse to sign any mutual confidentiality contracts that have clauses transferring the ownership of agency pitch IP to clients without compensation.

We also believe this is a telltale sign of how a client views the agency relationship and work product – if they don’t respect it now, it’s not going to get better later. This is also the kind of client we prefer not to do business with.

Honestly, we’ve never come across a situation where the client did not understand that any work shown by an agency during a pitch is still the IP of that agency unless some monetary consideration is negotiated. It’s not like the pitch work is a new business tchotchke.

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Laura Bajkowski of Bajkowski + Partners Among “Top 25” Honored at HSMAI Adrian Awards Gala

NEW YORK, NY – The Hospitality Sales & Marketing Association International (HSMAI) has selected Laura Bajkowski as one of the “Top 25 Most Extraordinary Minds in Sales and Marketing” for 2009. The seventh annual list recognizes the “best of the best” in the hospitality, travel and tourism industries, and the recipients will be honored during a private ceremony preceding the Adrian Awards Gala on Feb. 1, 2010, at the New York Marriott Marquis, and will be recognized on-stage at the Gala.

The 2009 “Top 25” recipients were judged by a panel of senior industry executives for their recent work based on the following criteria: creativity and innovation; cutting edge sales or marketing campaigns; triumph in challenging situations; and sales efforts that resulted in dramatic gains.

Laura Bajkowski, principal of consulting firm Bajkowski + Partners, is a results driven marketer with 25 years experience with global brands such as Celebrity Cruises, IHG, Forte Hotels, Hilton Hotels, Le Meridien, Choice Hotels, Best Western, Delta Airlines, Lufthansa, and Saudi Airlines as well as leading brands outside of the travel category such as Walmart and Verizon Wireless. Her career began with international communication agencies, McCann-Erickson, and JWT, before joining Choice Hotels International as Vice President, Advertising and Marketing Communications where she launched an innovative and integrated marketing communications strategy and award-winning campaign. Laura is also a member of the American Marketing Association, Advertising Women of NY, and HSMAI, and twice named one of the 100 Most Powerful Women in Travel by Travel Agent Magazine.

“The Top 25 is a ‘hot list’ that celebrates the sales and marketing leaders and innovators of our industry,” said Robert A. Gilbert, CHME, CHA, president and CEO of HSMAI. “The creative strategies, passionate dedication and sharp intelligence of these professionals have not only made a difference within their organizations but have also truly raised the bar for the hospitality industry as a whole.”

“This honor is especially meaningful to me as I have been recognized by my peers as well as endorsed by HSMAI and I am exceedingly grateful for this acknowledgment.” In addition to celebrating Laura’s award-winning work, the Gala will recognize the top achievements in advertising, marketing and public relations in the hospitality, travel and tourism industries with the Adrian Award.

Tables and tickets for the HSMAI Adrian Awards Gala are on sale now. Tables of 10 can be reserved for $3,750 per table or $375 per ticket. For more information on the HSMAI Adrian Awards, please contact Desiree LaFont at (703) 506-3297, email AdrianAwards@hsmai.org, visit www.adrianawards.com, or follow Adrian Awards news on Twitter at twitter.com/AdrianAwards

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Bajkowski + Partners LLC, headquartered in NYC, is a specialized consulting firm providing global and regional clients with marketing management and agency search consulting services that deliver customized solutions to today’s business challenges. Laura Bajkowski is managing principal of Bajkowski + Partners and can be reached at Laura@Bajkowski-Partners.com. Bajkowski + Partners, 6 Varick Street, Suite 4A, NY, NY 10013; (212) 226-3919

Also view on HotelExecutive.comHotelNewsResource.com, and Hotel-Online.com

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Comment on Ad Age Article: To Defend or Not To Defend?

As an agency search consultant, and someone who has also spent time on the client and agency sides, I insist on our clients being honest with incumbent agencies regarding the retention odds.

There are dozens of reasons an account goes into review, but in too many instances the review could have been avoided if the agency was smarter in the relationship-management area. For instance, agencies should always be re-pitching the business to avoid getting to a formal review stage.

And if there is a key client change, consider it an unofficial notice to re-pitch. Have a day or series of meetings to get the new person up to speed and, more importantly, learn about his/her views and goals. You’d be surprised at how many agencies don’t do this.

If you find your agency in the unfortunate situation of having to defend, put the ego aside and objectively determine why the account is in review, what your odds of retention are, and if this really is a marriage worth saving.

But also realize that corporate politics can be incomprehensible and beyond your control (as well as your key contact’s), and you may never really know the truth behind the review. As a few CMOs have said to me, the first bullet has the agency’s name on it.

View on AdAge.com

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