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.'" ADAGE
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