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American Express International Branding Strategies

Overview. IntroductionOver 100 Years of Global RootsDomestic and International Brand EquityDifferences and ChallengesBranding Challenges in the New Media WorldSummary. Introduction

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American Express International Branding Strategies

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    1. American Express International Branding Strategies A Historic Global Brand Evolving to Meet Global and Technological Challenges

    2. Overview Introduction Over 100 Years of Global Roots Domestic and International Brand Equity Differences and Challenges Branding Challenges in the New Media World Summary

    3. Introduction – Ray Ferrell Senior Counsel responsible for the legal support of: American Express Interactive – responsible for customer acquisition, customer servicing and customer loyalty via the AMERICANEXPRESS.COM site. Global Commercial Card – responsible for the issuance of Corporate Cards, Corporate Purchasing Solutions, Electronic Payments Solutions and other corporate payment and online reporting products to mid-size, large and global companies.

    4. Introduction – Ray Ferrell Responsibilities: Complex Licensing Arrangements Technology Integration Transactions Online Co-Brand Arrangements Commercial Card Agreements B2B and Cardmembers Laws and regulations affecting interactive sites, transactions, and commercial card issuance sales and support

    5. Introduction: American Express “ The aspiration of American Express is to become the world’s most respected service brand, ” Ken Chenault

    6. Introduction: American Express American Express has always been a global company 1895 first European office in Paris, at 6, rue Halévy 1896 office at 3 Waterloo Place in London 1910 offices in Southampton, Liverpool, Hamburg, Berlin, Bremen, Antwerp, Rotterdam, Copenhagen, Naples and Genoa.

    8. Dominant American Brand Card Share of Spend in U.S. – 20% Brand Recognition – High “Don’t Leave Home Without It” – Karl Malden “Membership Has it Privileges” – Annie Liebowitz “My Life, My Card” – Tiger Woods, Robert De Niro “Are You a Cardmember” – Beyonce

    9. Dominant American Brand American Express Ranks Highest in Customer Satisfaction Among Credit Card Companies for the Second Consecutive Year (Sep 3, 2008 Credit Card Satisfaction Survey) – JD Power and Associate

    10. Brand not as well known internationally Reduces efficacy of branding efforts that capitalize on historic equity and prior ad campaigns U.S. = high share and high return on branding International = low share and low return on branding Japan has the second highest concentration of high spending cardmembers in the world Japan share of spend = 2% U.S. share of spend = 20%

    11. Domestic Brand V acceptance V understanding

    12. Making Global Branding More Effective Look to contextualize campaign to the market Can’t just sponsor Wimbeldon like we sponsor the U.S. Open Find ways for brand to resonate with market by leveraging local history, culture and understand how Americans are viewed in the market Capitalize on the global commonalities of the affluent

    13. Making Global Branding More Effective Focus limited budgets on key global markets where we will get the greatest bang for the buck: Canada Mexico U.K. Italy Japan Australia

    14. Optimize Channels – recognize efficacy of each channel in each market T.V. and Print Channel - U.S. and Mexico Mobile - Japan Digital - all of international, can get into more depth with message and customize; example of a channel with a disproportional impact compared to the investment

    15. Be Careful With: Co-Brands Copying from market to market

    16. Differences: First to Use v. First to File U.S. is a first to use jurisdiction, so mark owners can maintain protection of their marks by first use for a particular good or service Many foreign jurisdictions are first to file Russia (loss of platinum card), China (of special importance due to counterfeiting) Can leverage treaties to help deal with filing in multiple countries Community Trade mark, passed in 1996 (“CMT”) in the European Union – secure E.U. protection with one application Madrid Protocol – U.S. filing can lead to an International Registration with a filing in a member state Paris Treaty – U.S. filing gives you 6 month priority in member states

    17. Challenges: Protecting the Brand Globally Quality Control Imperative License Grant and Use Restrictions Watch Services Web sweeps Cease and Desist Letter and Follow Ups We Know You’re Out There Letter Monitor List Enforcement Actions

    18. Challenges: Protecting the Brand Globally Phishing Spoofing Pharming

    19. Phishing – acquiring sensitive information fraudulently, such as passwords and credit card details, by masquerading as a trustworthy person or business in an apparently official electronic communication. Phishing is typically carried out using email or a text message

    20. Spoofing – occurs when a third party “spoofs” or fakes a legitimate business activity by borrowing (or appearing to use) a legitimate domain name (e.g., paypal.org instead of .com) or by forging a legitimate domain in an email address present in an email communication.

    21. Pharming - involves redirection of an individual to an illegitimate website through technical means. For example, customer of a financial services site, who routinely logs into his account may be directed to an illegitimate website instead of accessing the usual institution website.

    22. Keywords Definitions What Drives Use What Drives Issues

    23. Keywords Definitions: words or terms used to trigger search results in search engines. Owners of marks may use keyword/adword advertising to attempt to drive customers to their sites from search engines.

    24. Keywords What Drives Use: Owners of marks may use keyword/adword advertising to attempt to drive customers to their sites from search engines. Owners of powerful marks may be subject to competitive pressure from competitors that can leverage the mark owner’s brand equity by buying advertising tied to searches that include the owner’s name and/or mark – Competitive Keyword Advertising.

    25. Keywords What Drives Issues: whether use of competitive keyword advertising through Google’s AdWords or similar services violates the trademarks of dominant mark owners.

    26. Keywords: U.S. – Keyword advertising allowed due to mixed state of law Permitting – line of cases that state that not “use in commerce,” and because the defendants did not use the plaintiff’s trademarks on any goods or adsą. Disallowing – line of cases that state that defendant’s purchase of the keywords to be used in commerce to generate sales brought the activity under trademark law˛. International – Generally not allowed as a violation of trademark law without mark owner’s permission. 1 1-800-Contacts Inc. v. WhenU.com, 414 F.3d 400 (2d Cir. 2005); Merck & Co. v. Medi Plan Health Consulting, Inc., 2006 WL 800756 (S.D.N.Y. March 30, 2006);Rescuecom v. Google, 456 F. Supp. 2d 393 (N.D.N.Y. 2006);Wells Fargo v. WhenU.com, 293 F. Supp. 2d 734 (E.D. Mich. 2003); U-Haul v. WhenU.com, 279 F. Supp. 2d 723 (E.D. Va. 2003). 2 GEICO v. Google, Inc., 330 F. Supp.2d 700 (E.D. Va. 2004), Edina Realty, Inc. v. The MLSonline.com, Civ. No. 04-4371 (JRT/FLN), 2006 WL 737604 (D. Minn. Mar. 20, 2006), 800-JR Cigar, Inc. v. GoTo Com, Inc., 2006 WL 1971659 (D.N.J. July 13, 2006), Buying for the Home v. Humble Abode, 459 F. Supp. 2d 310 (D.N.J. 2006), J.G. Wentworth SSC, Ltd. v. Settlement Funding, 2007 WL 30115 (E.D.Pa. Jan 4, 2007), T.D.I International, Inc. v. Golf Preservations, Inc., 2008 WL 294531 (E.D. Ky. Jan. 31, 2008).

    27. Co-Branded Websites – an analysis of the rules and policies that govern when 2 or more brands appear on a Web page. Private label Sites – hosted by third party, but has look and feel of the company site. Exhibit A “True” co-brand sites – hosted by the company or a partner and the user cannot reasonably determine which brand controls the site. Framing – hosted by the company, with the company’s navigation header, but a third party partner’s look and feel dominating the rest of the page. Exhibit B Hyperlinking – hosted by the third party, but permits linking back to company site via a link embedded into a logo. Exhibit C

    28. Co-Branded Websites – an analysis of the rules and policies that govern when 2 or more brands appear on a Web page. Key Issues Brand Identity Privacy Policy Application Customer Ownership Data Protection Recommendations

    29. Summary Understand Goals of Your Company in Expanding Internationally Understand Need to Modulate Branding Strategies in Different Markets based Upon Brand’s “Presence” There Understand differences in domestic and international legal marks protection, leverage treaties where applicable Be aware of new legal issues tied to new channels of distribution and digital content and devise strategies to deal with these developments

    30. Exhibit A – Private Label Site

    31. Exhibit B - Framing

    32. Exhibit C - Hyperlinking

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