One small step for Dole. One giant step in tort reform. Here, read all about it, third tweet from the top.
On Twitter and Instagram, public relations practitioner Adam Padilla had been showcasing - in unauthorized text and images - how Dole can expand its product line with miniature packaging of salads in time for Halloween.
With some companies, such a violation of a trademarked brand might result in a lawsuit, or at least, a frosty cease-and-desist letter.
But Jacobs responded in the same tone, that is, creative and conversational. There is no legalese. No lawyerly threats.
The content of Jacobs tweet includes:
- A thank-you to Padilla for including Dole in a conversation about healthy foods
- A tongue-in-cheek message that Dole already has in the pipeline what Padilla recommends - complete with mocked-up photos.
- A gentle reminder that the usual way to handle this infringement on Intellectual Property would be a cease-and-desist letter, which Dole is not going to do.
- A polite request to notify Dole in the future before using its Intellectual Property.
Here there are two takeaways, for both public relations experts and in-house lawyers/law firms.
One is that what happens online requires online communications. After that first step, sure, the conversation can proceed to other mediums and locations (e.g. courtrooms).
Two, disputes between reasonable entities - human and corporate - can be negotiated without formal legal action. Those whose strategies and tactics are embedded with wit and goodwill can enhance their branding. Along the way, those in the front lines of tort reform, such as the U.S. Chamber of Commerce, might create a special award for them. (This blog recommends that.)
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