Santa Sues Over Unauthorized Image Use
December 23rd, 2010
North Pole (AP—Arctic Press) Santa Claus is coming to town. And he’s stopping at the courthouse.
Santa Claus has filed a lawsuit against virtually every major manufacturer, retailer and media outlet, claiming unauthorized use of image. The suit seeks unspecified damages for instances dating back more than a hundred years.
“Santa is a globally recognized icon and thousands of companies have unfairly used his image to promote their products and services,” declared Paul E. Ester, Santa’s attorney. “Santa is entitled to control over how his image is used as well as compensation for the use of his image.”
“It’s not really about the money,” explained Santa at a press conference. “Although heaven knows my expenses keep climbing—what with the escalating costs of raw materials, ever-increasing demands by the elves union, and don’t even get me started on the skyrocketing price of Reindeer Chow.”
“No,” continued Santa, “it’s more that I’d like some say in how people portray me. Some of the commercials I’ve seen lately are just downright embarrassing.”
Santa Claus—or Kris Kringle, as he’s also known—is the world’s best-known and most-loved celebrity, after Oprah. His favorability ratings have remained high in good times and bad, making him a popular choice for businesses who want to link their brand to his cachet in an effort to boost sales. As a result, thousands of companies around the world have used his image for promotional purposes through the years.
“And not one of them,” points out Ester, “has ever asked permission, let alone paid a cent in royalties.”
An executive at a major manufacturing company, who spoke on condition of anonymity, for fear of being placed on the “naughty” list, stated, “We don’t believe the suit has any merit. Santa is a public figure and as such, falls into the “fair use” exception.”
An executive for a major discount retailing chain, who also spoke on condition of anonymity, went further, “Santa should be paying all of us. The reason he’s such a huge global brand is because he’s gotten billions of dollars in free publicity over the years.”
Santa’s attorney disagrees. “My client has been the basis of thousands of books, movies, TV shows, ad campaigns, toys, greeting cards and more. Everybody is making money off of Santa’s image but Santa.”
“What it comes down to,” Ester argued, “is fairness.”
Ester declined to comment on whether or not Jesus was considering a similar lawsuit.
One of the easiest ways to boost your sales is with referrals. A prospect who is referred to you is five times as likely to buy as any other type of prospect. And yet, too many salespeople, business owners and professionals don’t do a good job of asking for them.
Objections are an inevitable part of sales, yet most salespeople, business owners and professionals aren’t skilled in dealing with them. Which is unfortunate, because knowing how to effectively handle objections is crucial for increasing your sales.
Do you know who your real competition is? It’s not who you think.
If you’re starving, the restaurant will have the lowest opportunity cost because you’ll happily give up everything else to satisfy your hunger.
Yesterday I received a menu in the mail from a local Chinese restaurant. On the front of the tri-fold mailer is a proud proclamation in large type: “$1.38 Chinese Food.”
If you’re in sales (and you probably wouldn’t be reading this if you weren’t) you’ve been exhorted at one point or another to “sell features and benefits.” But what do these terms actually mean? What’s the difference between the two?
Too many salespeople, professionals and business owners are way too in love with themselves and their products and services. As a result, they spend far too much time throughout the sales process talking about things the prospect doesn’t remotely care about.
If you want more appointments, sales and referrals, you need to ask for them. But the fear of rejection often prevents us from doing so. Well, stop letting the fear of rejection hold you back!
“New market opportunities are popping up all around us. Yet, thanks to our tunnel vision, we can’t see them. Many call it being focused. I call it gravity. Gravity is created when we hang onto our knowns, our status quo beliefs about our business, our value and our markets, long past their prime. As our markets change, we get stuck in their past—creating gravity that limits our forward momentum.”
The answer to this question comprises the first seven chapters of the book, in which Rebel details causes and examples of business drag and market weight in chapters such as It’s Our Best and Biggest Seller, But It’s a Huge Opportunity!, Our Key Employees Are the Reason We’re Here, and But the Other Guys Have It!
The year is two-thirds over, but there’s still time make sure you reach your sales goals for 2010.
When I coach salespeople, consult with companies and speak at conferences, I’ll often ask, “Who is your market?”
needs of your prospects. Don’t dwell on the history of your company, the process your product undergoes or your commitment to excellence. None of that means anything to your potential customers. They don’t know anything about your industry and frankly, they don’t care.
their concerns, fears, hopes, past experiences, priorities, budget, time frame, preferences, alternatives and more. That way, you can focus your sales presentation not on your product or service, but on your prospect.
When we have something important to say, we not only feel a need to express it, we feel fear that we won’t get the chance, because so often we are interrupted, drowned out or brushed off.
The last couple of years have been grim for retailers. The still-vacant shopping malls that dot the landscape like 21st century ghost towns bear silent testimony to the difficulties of trying to keep a retail operation going during a recession. Those retailers that haven’t yet succumbed to the precipitous drop in consumer spending are working harder than ever just to survive.
The key is to recognize that the media needs you. An editor’s job is to fill space. A radio or TV producer’s job is to fill airtime. Both are looking for entertaining stories or useful information that will make people want to watch, listen or read what they produce.
for each of your retail or franchise owners and send it to them with a note promising additional co-op dollars when they send you an action plan based on what they read. Direct your district reps or regional managers to help your retailers or franchisees devise actual marketing plans and campaigns. Create a space on your internal web site where owners or managers can share their best marketing tactics and offer prizes for the best ideas.
Training has been proven to provide the best ROI of any sales investment. In fact, a 2000 study of 575 U.S.-based, publicly traded companies by Laurie Bassi, Jens Ludwig, Daniel McMurrer and Mark Van Buren found that companies that spent more on training (per employee) experienced a total shareholder return (change in stock price and dividends issued) in the following year 86% higher than companies that spent less, and 45% higher than the market average. Further, companies in the top quarter of the study group enjoyed an average of 26% higher price-to-book ratios, 24% higher profit margins and 218% higher income per employee than companies in the bottom quarter.
