12864: Sears & Kmart Shit.

The fools at FCB are likely shitting their pants—and preparing to ship employees to the curb—as Sears has completed a review that will move Kmart to Havas and Sears to Publicis Groupe. Shifting from FCB to Havas is like substituting Curly with Shemp. Sears Holdings VP and Chief Digital Marketing Officer Bill Kiss gushed, “We want to make sure in this journey we got the best partners.” Given that Sears and Kmart are dying, irrelevant and impotent retailers—and Havas and Publicis Groupe are among the worst in the industry—it’s safe to say Kiss got his wish.

Sears Completes Agency Review, Keeps Havas, Taps Publicis Groupe

Interpublic’s FCB Losing Kmart but Will Handle Holiday Campaign

By Maureen Morrison, Alexandra Bruell

After a long and drawn-out process, Sears Holdings has finally wrapped up the review it began last year, keeping Havas and hiring Publicis Groupe in a holding company-level agency restructuring.

Interpublic Group of Cos., the third holding company participating in the review, will lose the Kmart business currently handled by FCB, though the IPG shop will continue to work on this year’s holiday campaign.

Havas will now be the agency of record for Kmart and will retain the Sears Holdings Corp. mass-media assignments, which include some elements of digital. Havas will also retain its status as agency of record for the Craftsman, Kenmore and Diehard brand group, which was out of scope for this project, the company said.

Publicis Groupe, which wasn’t on the Sears Holdings roster, is being awarded AOR duties for the Sears brand and is taking on digital responsibilities for Sears Holdings Corp.

Sears is still working on scope and exact agencies within the holding companies that will handle the work, but said it will have dedicated groups to support media, creative and digital within each.

When the company began the review last November, it reached out to all the major holding companies to participate, but delays set in several times. A request for proposals wasn’t sent out until well into 2015. The review was later scheduled to be completed by the end of August, but another round of meetings was sprung on participants toward the end, according to people familiar with the matter.

An FCB spokeswoman declined to comment.

“The three finalists showed a range of great thinking and passion and they invested great resources that really impressed us,” said Bill Kiss, VP and chief digital marketing officer for Sears Holdings, who led the process and will now oversee the agency restructuring. “The primary focus of this has always been to accelerate our transformation here. It’s not a turnaround. It’s a transformation. We were looking for partners that could help us in that transformation of Sears and Kmart, bringing back those iconic brands, and that could help us find the best way to unlock the true big potential of the ‘Shop Your Way’ platform. We’ve had a lot of changes and we’re doing a lot of good work this year. We added good leaders around the table, and the process has evolved a bit for all right reasons.”

According to one person familiar with the matter, as part of the review the company was also asking holding companies pitching the business to suggest Sears’ Shop Your Way rewards program—a part of the company that chairman-CEO Eddie Lampert has made a priority—to other clients as a potential media buy. Holding companies’ other clients might buy ad space, for example, on a Shop Your Way email.

The company is badly in need of a sales turnaround. In the second quarter, Kmart and Sears domestic comparable store sales declined 7.3% and 14.0%, respectively. The results were “driven in part by highly targeted promotional and marketing spend to better align with member needs, and a shift away from low margin categories, such as consumer electronics,” the company said in its earnings statement.

Interpublic’s FCB had a long history with Kmart. In more recent years, the agency created the “Ship my pants” and “Big gas savings” efforts, which garnered a great deal of attention. Havas has also long handled media for Sears. McGarryBowen had worked on the Sears brand, but the two parted ways in February. Havas, according to people familiar with the matter, had picked up some Sears business in the wake of McGarryBowen’s departure, but it didn’t necessarily mean the shop was a shoe-in for the account.

After Sears reached out to holding companies last year, several senior-level executives were named or left. The most senior marketing departure was Imran Jooma, the company’s exec VP and president of marketing, online and financial services, who said in December that he was leaving the company.

Kelly Cook was named CMO in June, succeeding former chief marketer Andrew Stein, who exited the role to join Big Lots in 2013. Kmart creative Mark Andeer subsequently left the company, and the retailer made personnel, structural and process changes to its marketing team as part of an effort to evolve the brand’s overall marketing.

Sears has long been described as a demanding client. In 2011, when it was reviewing the Sears brand business that McGarryBowen ultimately won, it upset many agencies when it said that it would own the ideas that agencies pitched. Other people familiar with the marketer have said that the company over years has continued to cut its agency fees.

Sears is the 40th largest advertising in the U.S., according to Ad Age’s DataCenter, with a total of $974.4 million on both measured and unmeasured spending. The company spent $430.4 million on U.S. measured media, according to Kantar Media, with $256.8 million going to Sears and $155.2 million on Kmart. Both brands significantly decreased their measured spend from the prior year: Sears had spent about $340 in 2014 and Kmart spent about $209 million.

This review was not about spending, and with the new agency structure the company could ultimately spend more, Mr. Kiss said.

Of the length of the review, he said, “We’ve had a lot of change here in terms of key leadership roles. We’ve brought on a new CMO on the Kmart side, a new president of Sears.” He added that the company took its time for “due diligence.”

“We want to make sure in this journey we got the best partners,” Mr. Kiss said. “We won’t do speed for speed’s sake.”

12539: Sears Seeks New White Agency.

Advertising Age reported Sears and mcgarrybowen decided to “part ways”—which is code for agency termination, regardless of mcgarrybowen’s contention that they resigned the account. Sorry, but mcgarrybowen’s sycophantic personality makes it impossible to deliberately relinquish billings. The advertiser and White advertising agency were actually a perfect pairing of mediocrity and meh. Fortunately, there’s an endless pool of hackneyed White advertising agencies ready and willing to accommodate the retail dinosaur.

McGarryBowen and Sears Part Ways

Move Happens In Midst Of Massive Holding Company Consolidation

By Maureen Morrison

McGarryBowen and Sears Holdings are parting ways, Ad Age has learned.

The shop has been working on the Sears brand since it won the account in 2011.

The split comes as the retailer is in the midst of a massive holding-company level procurement-led consolidation that began in November. The review has been delayed, according to people familiar with it, with no requests for proposal being distributed yet. These people said that the company has been meeting with all the major ad agency holding companies and still plans to send RFPs to those it wants to go to the next step. The review is slated to be completed in May.

McGarryBowen, part of Dentsu Aegis, was in the running in the review, but chose to resign the account, according to people familiar with the matter. In an internal memo sent to the shop’s employees, co-founder Gordon Bowen said that he and the agency’s leadership had decided to part ways with Sears.

Sears has long been described as a demanding client. In 2011, when it was reviewing the Sears brand business that McGarryBowen ultimately won, it upset many agencies when it said that it would own the ideas that agencies pitched. Other people familiar with the marketer have said that the company over years has continued to cut its agency fees.

The agency confirmed that it resigned the account, but declined to elaborate. Representatives for Sears did not have immediate comment. [UPDATE: Bill Kiss, VP-chief digital marketing officer at Sears Holdings, said in a statement that the company thanked McGarryBowen for its work. “Our multifaceted process continues and we are confident we will ultimately select the right agency to support our continued transformation,” he said. “In the interim, we will work with our incumbent agencies to pick up the Sears brand work.”]

On the marketing front, several senior-level executives have left the company, according to people familiar with the business. Imran Jooma, the company’s exec VP and president of marketing, online and financial services, said in December that he was leaving the company.

Sears Holdings has been struggling lately, losing money for 10 straight quarters, closing stores and most recently, laying off about 115 people in corporate earlier this month in an effort to reduce expenses. Sears will report earnings on Thursday.

In March 2014, Havas in Chicago picked up the creative work for Craftsman, Die Hard and Kenmore. Media is handled by Havas, and Interublic’s FCB handles creative for Kmart.

Sears Holdings is the 27th largest marketer in the U.S., according to Ad Age’s DataCenter. In 2013, the Sears brand alone spent $340 million in U.S. measured media, the last full year of available data, according to Kantar Media. Sibling brand Kmart spent $209 million. Kenmore that year had about $21 million in U.S. measured media, while Craftsman has $15 million.

Contributing: Ashley Rodriguez

12282: Sears Holdings Not Holding Up.

The New York Post reported Sears Holdings—which owns Sears and Kmart—continues its death spiral, losing $548 million and planning to close 235 stores. Sears Holdings Chairman and CEO Eddie Lampert admitted, “Our stores are often in the wrong place and are often too large for our needs.” Um, whose fault is that? Meanwhile, the brand band plays on with inane advertising that clearly is not moving inventory. The latest Joe Boxer commercial from White advertising agency FCB is exclusively sexist—were no pregnant minority women available? Why doesn’t Lampert realize his White ad agency is in the wrong place and too large for the needs of dying dinosaur retail brands?

Sears posts $548 million loss, plans to close 235 stores

By James Covert

Sears Holdings is racking up big numbers — when it comes to losses, store closings and receding business, that is.

The cash-strapped owner of Sears and Kmart said it is now aiming to close a total of 235 stores this year, up from an earlier target of 130, as it scrambles to stem a growing cash bleed.

“Our stores are often in the wrong place and are often too large for our needs,” Eddie Lampert, the company’s chairman and CEO, said on a Thursday conference call.

Even as Sears reported a third-quarter loss that widened to $548 million, the hedge-fund billionaire reiterated a plan he disclosed last month to sell as many as 300 stores to a real estate investment trust, or REIT.

The idea is for Sears to continue to operate those stores while leasing them from the REIT, a financial maneuver meant to prop up Sears’ balance sheet.

Still, Sears’ and Kmart’s brick-and-mortar stores, which currently number more than 1,800, are getting an increasingly diminished role as Lampert invests in the company’s Web site and its Shop Your Way loyalty program.

“We remain intently focused on delivering an unparalleled integrated retail experience for our customers through Shop Your Way,” Lampert said.

Nevertheless, Shop Your Way accounted for 72 percent of third-quarter sales, unchanged from a year ago. Sears’ online sales grew just 9 percent — a weak showing this quarter versus such rivals as Macy’s and Amazon.

“The company seemed to lose momentum in their own key initiatives, which undermines the strategic direction promoted by management,” said Credit Suisse analyst Gary Balter.

Sales fell 13 percent to $7.2 billion amid store closures, the spinoff of Sears’ Lands’ End business and the exit of its stake in Sears Canada.

Sears shares lost 4.4 percent to close at $32.75.

12211: Sears To Consolidate Its Shit…?

Advertising Age reported Sears Holdings is seeking to consolidate its accounts—which include Sears, Kmart, Craftsman, Die Hard and Kenmore brands—probably with a single holding company. That’s a lot of dying business for one place to handle. But two of the current incumbents—the Chicago offices of FCB and mcgarrybowen—are routinely on life support too. So there’s a potentially natural match here. However, consolidation among White advertising agencies in one holding company does not sound good for minority shops, as the crumbs would, well, crumble.

Sears Holdings Reaches Out to Holding Companies for Consolidation

Procurement-led Process Seeks Ideas for Structuring, Staffing Massive Account

By Maureen Morrison

Sears Holdings has reached out to agency holding companies for a potentially sweeping agency consolidation.

According to executives familiar with the matter, the company has reached out to all of the major agency holding companies, asking them to present ideas on how to structure and staff the retail giant’s accounts, which are spread among a number of agencies.

According to these people, Sears sent a two-page document containing information on an “agency structure project” for 2015. In the document, Sears asks agency holding companies for information on how they would structure and support the account, which incluces Sears and Kmart, as well as its Craftsman, Die Hard and Kenmore brands. The scope includes merchandising, packaging, media buying, media placement, multicultural, social, mobile, search, direct marketing, catalog work, loyalty, brand positioning and more.

The move comes as Sears Holdings has been struggling with declining sales and store closings. This summer, it reported its ninth consecutive quarterly loss. Chairman-CEO Eddie Lampert has been looking for ways to turn the tide and boost value for shareholders. Earlier this year, Sears spun off Land’s End, and on Friday, the company said it was looking to sell 200 to 300 properties to a real-estate investment trust.

In the document sent to holding companies, Sears does not explicitly state it is looking to consolidate with a single holding company. Still, many people believe that is the goal, given the process is largely price-driven and procurement has a key role.

Multiple people also said the pitch is unusual because many of the retailer’s senior marketing executives have not been part of the process. The company is in the midst of meeting with various holding companies and is expected to narrow down the contenders in early December. According to the document, Sears is aiming to have the process wrapped up by the end of January, so the agencies can begin work February 1.

Sears Holdings works with a number of agencies on various accounts, but lead creative work for Sears is currently at Dentsu Aegis’ McGarryBowen in Chicago. Lead creative for Kmart is at Interpublic’s FCB’s Chicago office. Havas handles media for both brands as well as creative for the Kenmore, Craftsman and Die Hard brands, which it won earlier this year. Kmart in early 2013 held a review, but FCB ultimately kept the account, later releasing headline-grabbing campaigns like “Ship my pants.”

Agencies currently working on the business either declined to comment or could not be immediately reached. Sears Holdings did not respond immediately to a request for comment.

Sears Holdings is the 27th largest advertiser in the U.S., according to Ad Age DataCenter, with an estimated $1.3 billion in ad spending in 2013. Sears is by far the biggest brand in terms of measured media spend, with $341 million in the U.S. in 2013, according to Kantar Media, while Kmart spent about $209 million on U.S. measured media spend.

Contributing: Alexandra Bruell

12160: Sears & Kmart To Shut Shitload.

The New York Post reported at least 116 Sears and Kmart stores will be closed—many during the holiday season—liquidating at least 6,000 jobs. Must be a lot of employees shitting their pants right now, including the Teflon-coated hacks at FCB Chicago responsible for some of the worst advertising in the brands’ histories.

Sears to close stores, lay off workers during holidays: report

By James Covert

Eddie Lampert is preparing to deliver more lumps of coal this Christmas — more than 6,000 of them.

The billionaire chairman of Sears Holdings is preparing to close at least 116 Sears and Kmart stores, many of them during the holiday season, in a liquidation that could cost 6,067 jobs, Seeking Alpha reported.

Sears shares rose 4.5 percent Thursday on the news to close at $35.95.

Sears disputed the accuracy of the report, but didn’t provide any numbers on store closures and layoffs, saying it would do so when it reports quarterly results next month.

“Make no mistake, we believe the store will continue to play an integral role in our transformation,” Sears said in a statement. “However, if a store is not generating a profit, it is straightforward that the store should be considered for closure.”

Seeking Alpha’s report cited notices of liquidation sales sent out last month that signaled the closure of 55 Kmart stores, 30 Sears department stores and 31 Sears Auto Centers.

The stores includes two Kmart locations in New Jersey — Paramus and Randolph — where liquidation operations have already begun.

11379: Desperately Seeking Sears Brands.

Advertising Age reported Sears has put its Craftsman, DieHard and Kenmore brands—currently being serviced by Y&R Chicago—into review. Whoop-de-damn-doo. Kmart. JC Penney. Sears. Consumers are not buying at these places; so why are advertising agencies continuing to vie for the business? In 2011, agencies allegedly rejected pitching Sears when the retailer demanded keeping all concepts presented, even the work of the losing contenders. But given today’s economy and network pressures, look for everyone to compete with enthusiasm. Expect the brands to eventually go to another WPP shop or mcgarrybowen (currently handling Sears retail). Does it really matter? One thing is certain: the “winning” agency will wind up producing more generic, forgettable bullshit for the client.

Sears Puts Craftsman, DieHard and Kenmore Brands in Review

Incumbent Y&R Chicago Faces Second Review In a Month

By Maureen Morrison

Just as Sears Holdings Corporation’s Kmart wrapped up and kept DraftFCB as its lead creative agency, the Sears brand has put the account for its Kenmore, DieHard and Craftsman imprints into review.

The account is currently at WPP’s Y&R Chicago, the agency that previously had the entire Sears account until 2011, when McGarryBowen picked up lead creative duties for the Sears Brand. Y&R, which has been working with Sears since 1993, at the time retained the Die Hard, Kenmore and Craftsman brands.

Sears declined to comment, but executives familiar with the review said that the process is being managed internally by procurement. Y&R declined to comment.

The review is the second this month for a Y&R Chicago client. Earlier in August, the agency’s Hotels.com account went into review. At the time, Y&R did not comment on whether it will defend the pitch. The Y&R network earlier this year logged a win for another retail account: its New York office is now JC Penney’s creative.

And although Y&R is facing a possible loss, a decision to defend the account could bear fruit, if recent reviews from Sears are any indication. Sears Holdings’ Kmart in early August wrapped a lengthy creative review (it started in January), only to retain DraftFCB, the agency that had been with the retailer since 2007. Sears Holdings in November kept on Havas’ MPG (now Havas Media) as its media agency for Sears and Kmart after another protracted review.

10517: Keeping Abreast Of Fashion At Sears.

From The New York Daily News…

Sears under fire for racy photo — and it’s not the first time

The retailer’s ‘Morris Babydoll Mesh & Lace’ outfit was offered by a 3rd party in its site’s Marketplace section.

By Christine Roberts / NEW YORK DAILY NEWS

Sears’ family-friendly image is taking another hit.

The retail giant has landed in hot water after its website featured an explicit photo of a woman wearing a sheer slip that gave consumers a bit of a peep show.

Sears quickly took down the “Morris Babydoll Mesh & Lace” product and picture, which revealed the model’s nipples, after Reddit users called attention to the racy image.

The product was offered for a cool $25.25, according to Gawker, through the website’s Marketplace section, which Sears describes as “a community of sellers,” meaning that the store allows third-parties to post products and photos to their site.

In this case, a retail company known as “Fright Depot,” which boasts an array of “sexy clothing,” separated by categories like “Cave Girl” and “Pirate,” is responsible for the photo.

Some Reddit users didn’t seem too offended by the image.

“I f---ing hate it when they airbrush out the nipples. I accidentally bought something that was see-through for my girlfriend and she was less than amused and did not believe it was an accident,” one user wrote.

Another added, “I always have to wonder why we think nudity is such a big deal. It really just goes over my head as to why (specifically in the US) we are cool with graphic depictions of death and torture (eg Saw) but a video of with two people having sex is totally unacceptable.”

This is not the first time Sears has been under fire for having explicit content on its website.

In February, the store sparked controversy when an erotic photo for an “Elegant Moments” camisole popped up on the site.

“The terms on our Marketplace prohibit images from displaying nudity and see-through clothing. Most often, we see third-party sellers blocking out the nudity in the images,” Sears spokesperson Tom Aiello told Forbes at the time.

“We perform ad-hoc content audits to remove inappropriate items and also take customer feedback and react very quickly.”

It remains unclear how often these audits are performed as Sears did not return requests for comment to the Daily News as of Wednesday evening.

9687: Think Again, Sears, Think Again.

Anybody else think these Sears spots with the Black guy calling from a sink and a cupboard really suck?


Oh yeah, this guy does.

9246: Kardashian Kartoons.

The Photoshop® retouching expert worked on this image longer and harder the photographer.

8906: Tweets, Twats, Terminations & Trojans.

Twittering around with a MultiCultClassics Monologue…

• A new survey showed 3 percent of people claim that a Tweet or Facebook post ruined their marriage or relationship. Additionally, 6 percent of people said a post led to troubles at work. And an undisclosed percentage of women reported receiving a Tweet from former Rep. Anthony Weiner.

• Best Buy settled a class-action lawsuit accusing the retailer of job discrimination, including charges of denying favorable transfers and promotions to Blacks, Latinos and women. The agreement entails a four-year consent decree, during which Best Buy would implement “comprehensive affirmative relief addressing the hiring, assignment, promotion and exempt compensation claims.” In other words, look forward to patronizing diversity print ads.

• Sears will dump 700 Kmart employees who sold appliances at Kmart stores (Sears Holdings Corporation owns Sears and Kmart). Hey, any White employees who lose their jobs probably have a shot at landing a gig with Best Buy.

• A survey conducted for Trojan brand condoms showed that motor vehicles are by far the most titillating locations for having sex. Perhaps an auto brand will tap the insight for a new advertising campaign.

8705: Batteries, Bumbling, Bigots & Blacks.

Enhancing the news in a MultiCultClassics Monologue…

• Sears is suing the maker of a sexual enhancement spray for trademark infringement. The sex spray company calls its product Die Hard, which Sears insists is too similar to its DieHard car batteries. Actually, Sears could spike sales by offering a promotional tie-in—a free can of sex enhancement spray with every new battery.

• A spokesperson for the Rev. Jesse Jackson denied charges that a man was pushed out of his job at Rainbow PUSH Coalition because he’s gay. The ex-worker also accused the civil rights leader of forcing him to perform “uncomfortable” tasks like escorting women to hotel rooms to rendezvous with Jackson. “The Rainbow PUSH Coalition and Rev. Jesse Jackson Sr., unequivocally deny [the] false claims of harassment, retaliation and discrimination,” said the PUSH spokesperson. “We are fully cooperating with the Chicago Commission on Human Relations and expect to be fully exonerated.” In the meantime, Jackson should avoid being seen courtside at the NBA Playoffs cheering on Kobe Bryant.

• If Kobe Bryant loses his appeal and pays the $100,000 fine for directing an anti-gay slur at a referee, the money should be donated to a pro-LGBT organization. Like the WNBA.

• Donald Trump loves the Blacks—like Omarosa and NeNe Leakes.

8681: White Advertising Agency News.

• Advertising Age reported Kellogg looked outside of its relationship with Publicis Groupe and awarded global digital work to a WPP shop. Gee, it seems like only a few days ago when Publicis Groupe honcho Maurice Lévy boasted about his network’s investment and growth in the digital space. Oh, wait a minute—it was only a few days ago. Guess Kellogg thinks Publicis Groupe’s capabilities are not Gr-r-reat! Bwahahaaa!

• Advertising Age reported Office Depot fired Y&R New York and handed its $60 million of billings to Zimmerman—without a review. Looks like another example of Corporate Cultural Collusion from Omnicom, the network that owns the Florida-based firm. Then again, giving business to a talent-free agency like Zimmerman is the equivalent of taking an account in-house.

• Adweek reported Sears has narrowed the search for an AOR to three White agencies: mcgarrybowen in New York and Chicago, Fallon in Minneapolis and Hill, Holliday, Connors, Cosmopulos in Boston. Incumbent Y&R Chicago did not make the final cut, which means the shop will likely be making future cuts—along with ex-Office Depot AOR Y&R New York.

• Advertising Age elaborated on McCann Worldgroup’s win to retain the U.S. Army account. “McCann Worldgroup had the best proposal that delivered the best value to the department of the Army,” said an Army official. According to the mouthpiece, McCann knew what the government branch was looking for: “The ability to understand the Army and the ability to express [it] in an effective and meaningful way. And we looked for an agency that had the ability to execute those abilities across the nation and the world at a reasonable price.” In other words, McCann demonstrated the ability to be cheap.

8536: When White Ad People Whine.

Advertising Age reported on the wailing and gnashing of teeth connected to the upcoming battle for Sears. MultiCultClassics commentary immediately follows the story.

Sears Riles Shops With Demand: We Will Own Your Ad-Pitch Idea

Calling the Practice ‘Unreasonable,’ 4A’s Prevails Upon Consultant SRI to Intervene

By Maureen Morrison

Who would turn down the opportunity to work on an iconic retail brand that spent nearly $500 million last year and ranked No. 22 among all U.S. megabrands in 2009? How about Omnicom Group’s DDB Worldwide and TBWA Worldwide; Interpublic Group of Cos.’ Deutsch; and Publicis Groupe’s Leo Burnett Worldwide, all of which are snubbing Sears, Roebuck & Co.

The reason is simple: Sears is demanding that participants relinquish ownership of materials and ideas they present during the review—even if they don’t win the business. That demand is so unpalatable that agencies are opting out—and Sears stands to lose out, unless an enterprising agency can convince it to waive the requirement specifically for them.

While such provisions have popped up over the years, the one attached to the Sears review stands out because of its scope. “I have not seen language this broad,” said Tim Finneran, exec VP-agency management services at the 4A’s. “From time to time clients will suggest that they want the rights to use ideas. But the wording in this case is so broad that it is outside the norm. Here is a client saying to agencies, ‘It’s all ours whether we hire you or not.’”

It’s so vexing that the 4A’s took the unusual step of sending a letter to the consultancy on the review, Select Resources International, regarding the provision, which is tucked into the marketer’s nondisclosure agreement. The group is asking Sears to allow the agencies to retain ownership of materials.

“The 4A’s has been very clear about the fact that it’s unreasonable and unfair for any client to expect ownership with no compensation for the agencies,” said Mitch Caplan, North American CMO at Interpublic’s McCann Erickson, and former chairman of the large-agency new-business committee of the 4A’s. “If agencies are going give their ideas away, it sends the wrong message to the marketplace, to the industry and to agency employees.”

Sears and SRI did not comment, nor did its creative agency of record, Y&R.

But agency execs who spoke on condition of anonymity said they attempted to revise the draconian nondisclosure agreement, only to receive what one agency exec called a “non-response” from Sears via SRI, which laid out concerns raised by Sears. The marketer’s two major beefs are that it will be providing agencies with information about Sears and the retailer does not want any shop to use ideas formed on that information for other clients; and that because it’s common for similar ideas to be presented by different agencies, Sears needs to be free to use those independently developed ideas without any agency believing it is specifically its idea.

Several agency execs said that those concerns are not only common, but easily remedied with a simple provision in the nondisclosure agreement, such as a clause that gives agencies ownership of materials while also protecting marketers should multiple agencies generate similar ideas. The 4A’s, in its guidelines for best practices, offers sample agency-search agreements that include provisions specifically crafted to protect marketers from scenarios like the ones Sears mentioned.

In some reviews, agencies have been compensated with a nominal amount of cash—say, $25,000 or $50,000 — but even that is hard for shops to stomach, as it can cost multiples of that to prepare for a review.

The head of one agency that rebuffed the NDA said that with compensation “at least I’m getting a client who respects the process. That says that the client respects and values the intellectual property agencies create.”

Marketers from Hilton Hotels to AutoZone to Kraft Foods have in recent years demanded that agencies relinquish rights to their ideas, even if they’re not hired. Sears, of course, will not be the last—as long as there are agencies out there that will sign what many consider egregious agreements.

“If agencies continue to agree to these NDAs, it certainly doesn’t put any pressure on clients to behave otherwise,” said Linda Sawyer, North American CEO at Deutsch. “Not only does it undermine other agencies in the long run, it undermines any agency willing to sign an NDA with an ownership-of-property clause, because it shows that agency is operating from a position of weakness.”

Contributing: Natalie Zmuda

Wow. What a total load of bullshit. The crybabies in this scenario are nothing short of despicable. When Omnicom, for example, stages a “review” featuring sister shops where the network is essentially guaranteed a victory, one never hears complaints. When agencies score new business without a pitch, nabbing an account via cronyism, there’s not a single perturbed peep. When White firms reel in assignments typically slated for minority shops, nobody lectures about disrespect. When non-Whites are systematically prohibited from even competing for general-market AOR status, the 4As won’t draft letters of concern to consultancies—and MultiCultClassics will forgo examining the ethical obscenities routinely perpetrated by consultancies. But wait, there’s more. Agencies going after a big brand like Sears will surely recruit freelancers to assist in the showdown. And the first thing they’ll do is force the hired guns to sign documents relinquishing the rights to all concepts. (BTW, are agencies violating confidentiality agreements by airing their grievances to Advertising Age?) Sorry, the game of vying for fresh billings doesn’t include fair rules. In fact, agencies play dirty more often than clients. To suddenly act the victim is hypocrisy of the highest order.

8366: White Sale At Sears And Kmart.

Advertising Age reported Sears Holdings—owners of Sears and Kmart—is reviewing advertising agencies. Y&R and Draftfcb currently handle Sears and Kmart, respectively. However, the client claims the two will continue to work on the brands. Sears erased its internal multicultural unit over five years ago. And Kmart recently announced an innovative approach to multicultural marketing. All of which means the chances of a minority agency getting a shot in potential pitches are zilch.

8163: Ghost Stories.

Scary news in a MultiCultClassics Monologue…

• The chef at a Midtown Manhattan hotel resigned after being accused of pretending to be a Ku Klux Klansman and offending a Black coworker. The coworker charged the chef put a pillowcase over his head and said, “How does that make you feel? Do you feel insulted?” The chef denied the accusation, insisting he was being a ghost for Halloween. OK, KKKasper the friendly ghost, whatever you say.

• A new study revealed 17 percent of Americans have had sex at their workplace. And given the current unemployment rate, at least 9.6 percent of U.S. workers have been screwed by their former employer.

• Walmart and Sears announced extended hours for Black Friday sales. Why does Black Friday receive more attention than Black History Month?

7980: Give Me A Break, Sears.

This Sears commercial feels about as hip and contemporary as, well, Sears.

7974: T-Shirts Only $9.11…?

A midweek MultiCultClassics Monologue…

• Sears yanked a t-shirt from shelves after noticing it featured “Gotcha” over an image of the World Trade Center’s Twin Towers. A spokesperson for the Gotcha apparel company said, “We deeply regret that one of our products has upset consumers. We are very sensitive to our customers’ concerns, and are working diligently to remove the product from stores nationwide.” The gear will soon be gone like, well, the WTC Twin Towers.

• Michaele Salahi revealed she has Multiple Sclerosis, claiming she’s kept it a secret partly to avoid being pitied. Actually, most people think she’s pitiful for crashing a White House dinner without an invite.

• A new study from University of Pennsylvania economists showed Blacks are happier than ever. According to the report, Blacks indicating they are not too happy has dropped significantly, to roughly 20 percent in surveys over the past 10 years, from 24 percent in the 1970s. Um, isn’t this like celebrating there are more Blacks working on Madison Avenue today than ever before?

7936: Weekend Hookers.

Servicing adults with a MultiCultClassics Monologue…

• At the urging of 17 state attorneys general, craigslist shut down its adult services section. Which means state governors will now seek alternate means of securing sessions with hookers.

• Sears is attempting to once again make over its apparel offering. Whatever the retailer creates, it’s a safe bet customers will still wind up looking like hookers.

• The guy charged with trying to extort talk-show host David Letterman was released from jail. Look for ratings whore Jay Leno to invite the extortionist to appear on The Tonight Show.

• Rev. Jesse Jackson’s ride—a 2009 Cadillac Escalade—was stolen in Detroit. The vehicle was later recovered, although with a broken window and missing rims. Now, there are some karmic components at work here. First, given that General Motors cut its Black advertising agency for Cadillac and handed the responsibilities to White shops, it seems odd that Jackson would support the brand by purchasing an Escalade. Let’s just hope the SUV wasn’t in a Burger King parking lot when thieves heisted it.

7230: Save! Save! Save!

This actual craigslist ad is from a self-proclaimed turnaround artist offering to save Kmart and Sears. We can do the same with two words: Dump Draftfcb.

I can save Kmart and Sears (United States)
Date: 2009-11-07, 2:27AM CST
Reply to: job-vxqye-1455198111@craigslist.org

I can save Kmart and Sears GUARANTEED.

Sears has been around since people used to wait for the new catalogs (also before toilet paper).

Kmart started the big discount store.

Both these companies have become Wal-Martized.

They forgot how they got started and what brought them to 2009.

I can save Kmart and Sears. No money down.

If Kmart and Sears will contract with me for an advertising/marketing/promotion, I will guarantee 20% instant sales gains overall. Sales of the items on promotion will also increase 20%.

To refresh the math:
If I can contract with Kmart and Sears (I have worked for both companies) I will guarantee 20% increase in total sales and 20% sales increase for items on promotion.

I have over 30 years retail experience, most as multi unit manager, district manager, regional manager, owner of multiple stores.

I can save: Kmart and Sears
Box 222
Walled Lake, MI 48390

savekmart@yahoo.com

7203: Processed Garbage.

Drinking up the news in a MultiCultClassics Monologue…

• Two Wisconsin men managed to win a $1.26 billion judgment against PepsiCo, insisting the soft drink company ripped off their idea to sell bottled water. Funny thing is, PepsiCo never responded to the charges, and didn’t even realize the case was being tried, because the paperwork was mishandled in the company’s internal processing system. Ironically, PepsiCo’s bottled water processing system has always been suspicious too.

• Sears is getting an early start with holiday sales, holding its first “Black Friday” event tomorrow—almost a month before the traditional after-Thanksgiving period. Gee, why not just have the after-Christmas sale on Saturday? Oh, and Sears probably celebrated Halloween in September. Sorry, kids.