Really Chick-fil-A? Exploring the Chick-fil-A trademark suit, public relations and reputation management.
Company Value and Reputation
In a recent Businessweek article, research from The Economist Intelligence Unit has found that 75 percent of a company’s value is tied up in its reputation. If more than 90 percent of consumers use the Web to research companies and products before buying, and 80 percent make decisions based on that research, I’m asking the following question: Did Chick-fil-A have a public relations specialist at the discussion table along with the company attorney when they decided to file a recent trademark law suit against a T-shirt making, small business owner in Vermont?
The Chick-fil-A Trademark Suit and Corporate Bully Brand Perception
If you haven’t heard about this, Chick-fil-A has, in my opinion, earned a corporate bully brand perception by filing a trademark suit against a T-shirt maker in Vermont for making shirts that say “Eat More Kale”. According to the latest news from a variety of sources, Bo Muller-Moore began making T-shirts with the slogan “Eat More Kale” more than 10 years ago in support of a friend who grows kale, and to support the “grow local, buy local” philosophy. Really Chick-fil-A?
According to an article in The Huffington Post, in a letter, a lawyer for Chick-fil-A said, “ Muller-Moore’s effort to expand the use of his ‘eat more kale” message is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A’s intellectual property and diminishes its value.” Really, Chick-fil-A?
What Does This Suit Really Mean?
I wanted to explore this example from both a reputation management perspective as well as from a legal 
perspective, so I consulted with my good friend Andrew Spriegel, trademark, patent and intellectual property attorney, and owner of Spriegel & Associates LLC, to get some insight.
“The term ‘confusingly similar’ or ‘likelihood of confusion’ are used in assessing the legal standard that is required to prove infringement of a trademark,” said Spriegel. “In other words, if Chick-fil-A took this suit to court, they would have to be able to show that when people hear or see ‘eat more kale’, they tend to confuse it with the trademarked phrase ‘eat more chikin’ used by Chick-fil-A and in this example, I don’t think Chick-fil-A can effectively make that case. Based upon the research I’ve done, I think they are doing more harm than good for their company with this suit.”
Chick-fil-A Has More Than Kale on its Face
Well, that’s interesting. That’s exactly what I thought. This is an example of a corporate decision that results in harm to the company reputation. Did Chick-fil-A think they could move forward with this without some major consumer backlash, significant negative impact to company reputation, and a pile of kale on its face?
Reputation and the Role of Public Relations
We all know that a company’s reputation is its most valuable asset. In an age where companies now buy reputation insurance, a PR specialist can, as Rosanna Fiske from PRSA states, “help a company understand the potential consequences of its actions better or provide counsel to mitigate the impact of a business’ actions before they are set into motion. It requires a public relations team that provides strategic communications counsel to, and is a part of, a company’s C-suite.”
It seems that in this case, either the public relations specialist was not invited to the discussion table, or recommendations regarding this legal action were ignored resulting in a suit that is not only potentially devastating for the Muller-Moore family, but for Chick-fil-A’s brand and company reputation. Think about it!
Copyright 2012, Tracy L. Teuscher, APR, The Buzz Maker! LLC
“Say What?” – The Inherent Transparency of the Social Media Age
Winston Churchill once said, “A lie gets halfway around the world before the truth has a chance to get its pants on.” True then, but never more true than today. Public relations specialists continue to advocate strongly for transparency in communications and in business practice, and many insist that transparency is already here, an inherent component of the social media age. Because information is created so fast, and can often be inaccurate, incomplete, or just downright wrong, us PR folks are always working overtime. People can and will say, or should I say type, anything they want with a form of keyboard courage previously unimagined.
Public relations professionals find that they must be constantly concerned about reputation management. Already in the habit of using research and fact-checking to develop complete and accurate communications elements, we must now be even more vigilant about identifying incomplete information, correcting inaccuracies, and issuing truthful information in response to fabrication and rumor, and in prevention of a potential crisis.
So, how can we work more effectively within the tide of the information stream? Here are three things we can start working on today, if we’re not already doing them. If we are, this serves as a good reminder.
1. Tell it first. Many communications problems including potential crisis situations can be avoided when we are the first to tell the story in its true, accurate and complete form. In crisis communications, the rule of thumb is to tell it first, tell it all and tell it now. We must be committed to transparency by telling the truth, the whole truth and nothing but the truth without exception. By doing so we fulfill our ethical duty as professional communicators to be truthful, and to serve the public good.
2. Monitor the information stream. New and constantly developing solutions for popular social media platforms like Facebook, Twitter and others allow us to monitor what people are saying about us, our product, company or brand. We must search out and become skilled at using these monitoring systems so we know what is being said, who is saying it and when. Information is the first line of defense for the warp-speed lie in the face of the pants-less truth.
3. Respond as quickly as possible. Reducing response time in the face of potentially damaging information is crucial. This is especially true if the matter and the conversation impact the public good, which we are sworn to serve. Take, for example, the whole “Apple iPhones are tracking our every move” topic that received global attention within hours of being published on a blog site. “Say what?”, the world responded. It took Apple a full week to formally respond to these concerns. Do NOT be like Apple in this example.
These are just a few things we can do to continue to be more effective in our work as communications professionals. For a good meditation, I review the PRSA Code of Ethics often. It’s all in there. Think about it!
Copyright 2011, Tracy L. Teuscher, The Buzz Maker! LLC.
Honesty – The True Grit of PR
Honesty and the Code of Ethics
The centerpiece of every other part of the professional code of ethics, honesty is the true grit of public relations practice. Those of us that adhere to this code of ethics embrace what the Public Relations Society of America (PRSA) calls the highest standards of accuracy and truth. In so doing, we elevate honesty to its rightful place. Stemming from honesty are all other important elements of our professional code of ethics.
Making Honesty and Ethics the Foundation of the Work
By making honesty the foundation of my work, I simultaneously fulfill my commitment to ethically inform, to serve the public good, to provide a voice in the marketplace and contribute to informed public debate, to provide objective counsel, to avoid omission, to preserve the integrity of the communications process, to promote respect among PR professionals, to set an example for others, and to enhance to the profession as a whole. When I do this as a constant exercise, I am continually grounding myself in the stuff that makes me a better professional and a better consultant, not to mention a better citizen, a better leader, a better mother, a better daughter, and a better friend. I become someone worthy of trust – a standout quality in the business world today – making me the kind of professional that people want to do business with.
Honest = Trustworthy
Making honesty the core principal of my professional life is good for business and helps me to overcome the storm of perpetuated perception of the public relations professional as doctor of spin and misinformation, and to attract clients and partners that share this value system. Now, that’s good PR! Think about it!
Copyright 2009, Tracy L. Teuscher, APR, The Buzz Maker! LLC
Tracy L. Teuscher, APR
