Rock Art Brewery in a David vs. Goliath case uses a mix of social and traditional media to win trademark war before it goes to court (In under six weeks).
On September 14, 2009 Rock Art Brewery, brewer of The Vermonster beer and owner of a trademark for the name The Vermonster received a cease and desist letter from Monster Energy in California sighting infringement and threatening legal action.
Rock Art, well within its rights to use the name it trademarked was backed into a corner and knew that the way the court system is structured, Monster Energy could win by default simply by exhausting the capital of the seven employee brewery by filing motions and appealing. Instead of giving in, Rock Art came out fighting. With a well placed news release and a public media campaign featuring a video on YouTube, the world started to hear the story. Radio, Television, AP, and the New York Times picked it up. Competitors of Rock Art and Distributors began to pull Monster Energy products off the shelves. Even Investors called. At the same time the public was taking the story viral as fans of Rock Art began to use FaceBook and Twitter as vehicles to rally support. Within thirteen days of starting the campaign, Rock Art Brewery had 16,000 fans on Facebook and within twenty-one days the story had been mentioned on Twitter over 1.6 million times. On the 22nd of October, Monster Energy and Rock Art signed a legal agreement that protected the interests of both companies. A giant win for David.
There are a number of take-always here:
- A solid social media campaign with a cause is something that people rally behind. Everyone loves an underdog and the better your story, the faster the social collective voice will spread the message.
- A dual pronged approach helps. Using traditional media to get your story out gets it on the radar screen. This helps because traditional outlets now monitor the social media environment for breaking stories. Once it has broad appeal, major networks will run with it. Your communication campaign should include all relevant media, not just social media. Buzz is buzz, and you’ll need as much of it as you can earn.
- The other takeaway here is for the corporate brand stewards. With social media, the collective conscience of the world can wield allot of influence over your company’s reputation and therefore sales.
Here is the mini how-to from Rock Art www.rockartbrewery.com/uploads/20091022_rockartfinal.pdf