CONTROLLING SEARS

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