Federal Council Seeks Clarity and Legal Certainty for the «Switzerland» Brand»

On Wednesday, the Federal Council adopted a report proposing a revision of the law. The revision is intended to provide greater clarity and legal certainty regarding the use of the name «Switzerland» and the Swiss cross.

On Wednesday, the Federal Council adopted a report proposing a revision of the law. The revision is intended to provide greater clarity and legal certainty regarding the use of the name «Switzerland» and the Swiss cross. The Federal Council took this action in response to two parliamentary motions.  
The Federal Council is considering four measures in particular to achieve this goal:
He recommends amending the Coat of Arms Act so that the use of the Swiss cross is also permitted for goods manufactured in Switzerland.
He intends to take the lead in drafting a new product-specific «Swiss Made» ordinance if the interested industry associations take the initiative and can agree on the general direction of the content. He recommends strengthening the protection of the designation «Switzerland» and the Swiss cross within the country. Unauthorized practices should be more consistently challenged, and criminal charges should be filed in cases of flagrant abuse.
Abroad as well, efforts will be stepped up to monitor whether the term «Switzerland» and the Swiss cross have been improperly registered as trademarks or as part of a trademark.
Furthermore, the Federal Council is examining additional measures to ensure better protection abroad. Current regulations are no longer satisfactory. In its report published on Wednesday, the Federal Council concludes that the regulations currently in force are no longer satisfactory. In particular, it is not justified that the Swiss cross may not be affixed to goods but may be used for services. Its use on goods manufactured in Switzerland should be permitted.  
The use of the designation «Switzerland» is too broadly defined under current law. With the exception of watches, the conditions for its use are not specified by concrete criteria. However, regulations are needed that clearly specify when the designation may be used for goods. Furthermore, the Federal Council has concluded that cases of misuse in Switzerland and abroad are not being adequately prosecuted.
 
Initiatives from Many Quarters The company Trybol caused a stir in March of this year when it published a full-page ad seeking like-minded individuals to address the urgent need for action to better protect the «Switzerland» brand (see
). In June, the Council of States saw a need for action, and the Federal Council indicated its willingness to accept the postulates (see ). The Federal Council has now taken action on this matter.  

ADC Award Germany calls Switzerland to participate

The German Art Directors Club (ADC) is calling on freelance creatives and agencies to submit their most imaginative work from this year. Agencies from German-speaking Switzerland and Austria can now also take part.

The German Art Directors Club (ADC) is calling on freelance creatives and agencies to submit their most imaginative work from this year. Agencies from German-speaking Switzerland and Austria can now also take part. The closing date for entries is January 8, 2007; previously, Swiss and Austrians could only take part if their work had been placed in Germany. The ADC has also announced further innovations: In the upcoming competition, the disciplinary diversity of the ADC Awards will be expanded with the introduction of two new categories "Viral Films" and "Packaging/Product Design". At the same time, some of the existing categories will be further developed. Long copies, such as books, brochures and flyers, can now also be entered in the "Text" category. In the other categories, entrants are encouraged to submit longer lines - by means of reduced entry costs for extensive series. And in the design and illustration categories, ADC judging is free of charge: the first submission, no matter how large, is free of charge once in 2007. More information on the conditions of participation and registration for the ADC competition 2007 can be found on the website.

Cinecom leases large cinemas

Movie The two multiplex theaters, Pathé Küchlin in Basel and Sihlcity in Zurich, have selected PubliGroupe subsidiary Cinecom as their advertising agent.

Cinema The Pathé Küchlin multiplex, which opens the doors to its eight screens with a total of 2306 seats in Basel on November 16, has chosen PubliGroupe subsidiary Cinecom as its advertising marketer. This was announced by Cinecom CEO Matthias Luchsinger on request. What's more, the new Sihlcity multiplex in Zurich, which opens on March 22, 2007, has also signed up with Cinecom. Sihlcity, which belongs to Stöckli Holding AG, will have nine screens with 2172 seats. This will enable Cinecom to further consolidate its monopoly in the Swiss cinema advertising market.
With the Basel multiplex, Pathé Suisse is also strengthening its position as the market leader among Swiss cinema operators. Since the takeover of the Europlex cinemas in French-speaking Switzerland, Pathé has been on a par with the Kitag Group (in which Swisscom indirectly holds a 49% stake) in terms of audience market share. With the Küchlin, Pathé Suisse is now ahead.
Markus Knöpfli

APG and Buena Vista invent the multimedia poster site for James Bond

As part of Affichage’s current innovation projects, APG is collaborating with Buena Vista International to create the first multimedia billboard at Shop Ville in Zurich’s main train station.

As part of Affichage's current innovation projects, APG is working with Buena Vista International to realize the first multimedia poster site at Shop Ville in Zurich's main railway station. In close contact with the customer, Buena Vista partner Sony Overseas and APG, a prototype poster site was developed that combines the poster with the latest movie trailer for the new James Bond film "Casino Royale" in top quality, according to the press release.
As marketing manager Erik Peier told Werbewoche, it is an illuminated poster site with an integrated flat screen. The poster site is located at a highly frequented spot in Zurich's main railway station and will be present during calendar week 47.

«U1 TV: We Are Switzerland»

Andreas Panzeri commented on the slogan «U1 TV—We Are Switzerland» used by the second-newest TV station with national coverage.

Television At the 1992 World’s Fair in Seville, Switzerland was represented, among other things, by a painting titled «La Suisse n’existe pas!» This work of art caused quite a stir. Political pundits were outraged. The self-esteem of those who had subsidized this World Expo exhibit hit rock bottom. For years since then, it has been gathering dust in obscurity—until now, when it has returned to the surface, vibrant, colorful, and full of charisma. «U1 TV—We Are Switzerland»—this is the tagline that stands out in the bottom line of all program information for this second-newest TV station with national coverage.
And when you take a look at the program, you can once again proudly say: That’s right! Switzerland—that’s us! For example, starting October 30 with «Switzerland’s First Erotic Talk Show» featuring J.P. Love, as well as the accompanying «Dossier 24» offering a behind-the-scenes look at Love Talk. «We are Switzerland»: That also includes the daily «Astrologos» segments with well-known psychics, as well as «Alpen-Welle—up close and unvarnished»—the same can be said of the new «Erotic Quiz,» airing after midnight on U1.
Bottom line: Switzerland is pretty sexy. And if anyone’s blushing right now: These aren’t just some random strangers—it’s you and me—Switzerland, as the channel’s tagline “flicker-free” so aptly puts it.
Andreas Panzeri

Ringing overseas

The German ringtone and content provider Jamba is called Mobiltelefonie Jamster in the USA and has been on the market there since 2004. Time to take stock.

The German ringtone and content provider Jamba is called Mobiltelefonie Jamster in the USA and has been on the market there since 2004. Time to take stock. As Vice President of North America, Boris Hageney has been responsible for business development and marketing in the USA since May of this year and will soon also be responsible for Canada. Prior to this, he had been responsible for Jamba's Italian business since 2004, later also for Spain and Portugal and finally for the whole of Western Europe. In an interview with Werbewoche, Hageney explains the special features of the US market, why price transparency is important for offers and what Jamster specializes in. WW: How do you assess the market situation in the USA in comparison to Europe? Boris Hageney: The USA is a very attractive, but also a very fragmented market, where some special features have to be taken into account. There are relatively many network operators and different standards that exist side by side. Unlike in Europe, where essentially the same technical requirements apply to all network operators, content providers in America have to deal with different platforms from network operator to network operator, which is not always easy. The differences sometimes even occur within one network operator, which naturally makes it more difficult to roll out new products.WW: There was a problem with misleading advertising in Europe. Many young people subscribed to services without knowing what they would be charged. Do you also encounter these problems in the USA? Hageney: We have learned a lot over the last few years and have changed our advertising considerably. Our advertising in the USA is so crystal clear that there are no misunderstandings here. I sit on a number of committees, such as the Mobile Marketing Association, where the guidelines for advertising are laid down. Jamster is the prime example of transparency in the USA - we are setting standards for the entire industry.WW: For example?Hageney: In the print sector, for example, the advertisements of other providers are often very confusing, there is hardly any information on prices or cancellation options. Jamba has created a global advertising standard which states that very clear information must appear at the bottom of the advertisement. The customer must be able to see at a glance what they are buying, how much it costs and how to contact customer service. WW: Your main advertising platform in the USA is television, right? Hageney: Yes, TV is currently our most important advertising channel in the USA. Print advertising, on the other hand, plays a lesser role than in Europe. WW: Is more advertising shifting to the Internet? Hageney: You can't say it's shifting, the usual channels will continue to be used and TV advertising will continue to grow. US TV is still a strong medium.WW: Are you planning a brand-building campaign in the USA like the one in England? Other countries will follow in the coming year - whether the USA will follow is not yet clear.WW: What kind of content offerings do you specialize in in the USA? Hageney: We are the only provider that has licensing agreements with all four major music labels, i.e. Universal, SonyBMG, Warner Music and soon EMI. We also work with major game producers and film studios. For example, Disney is our partner and we are currently negotiating with Sony Pictures. WW: Do you believe that the USA has only just entered the cell phone middle ages? Hageney: I do indeed believe that this has been the case up to now, as the quality of the networks was significantly below international standards. Incidentally, this also applies to cell phones. Compared to Europe, the US market is still growing much faster. On the other hand, Americans are very technology-friendly and are prepared to buy new and better equipped cell phones on a regular basis. I am therefore convinced that the difference between Europe and the USA will quickly narrow. And when it comes to mobile content and marketing, we in Europe can still learn a lot from the USA.WW: What forms of mobile marketing do you use? Hageney: We are very active in the WAP sector in the USA. You can use it to advertise in a slimmed-down form similar to the Internet. We have a sales channel in the WAP where we advertise products, but we do not place third party advertising within our products. Interview: Gerti Schön
This also interests Murdoch Die Jamba GmbH
based in Berlin-Mitte, is the world's largest provider of ringtones and cell phone applications and the market leader in mobile gaming, according to Wikipedia. Jamba employs around 520 people (as of July 2006). Jamba was founded in 2000 and passed the one million registered user mark after just nine months. The Jamba portal now offers several hundred services such as sports reports, eroticism, Reuters ticker, leisure guides, e-cards, WAP, MMS and video streams via UMTS. Jamba primarily operates aggressive market communication via music TV channels such as MTV or Viva. In 2004, the company invested 90 million euros in German television advertising, outspending large corporations such as McDonald's and Beiersdorf. Over the years, Jamba has worked with more than a dozen network operators in Europe, providing them with its services. Since the beginning of 2005, Jamba services have also been introduced in North America. Outside Europe, but also in the UK, Jamba operates under the brand name Jamster.
In September, Rupert Murdoch's News Corporation announced its intention to buy a majority stake in Jamster, which is to be integrated into the Fox Mobile Entertainment Division once negotiations have been concluded. (rw/gs)

Helvetic beauty care

Cosmetics TBWA Zurich adapts Beiersdorf's communication in Switzerland for the launch of Nivea Visage DNAge.

Cosmetics TBWA Zurich adapts Beiersdorf's communication in Switzerland for the launch of Nivea Visage DNAgeThe challenges of a Swiss agency in supporting an international client are constantly growing. The integrated communication presence of Nivea Visage DNAge shows how to create a tailor-made communication package for the local market using international source material. "The cultural, linguistic and target group-specific approach plays a central role, especially in the highly segmented cosmetics market," says consultant Christina Maron from TBWA with conviction. With this in mind, the above-the-line measures could and had to be adopted from the international campaign. Below the line, however, a great deal was new and specifically adapted to the Swiss market. "The focus of the consultation seems much more important to us here," explains Monika Feusi, Brand Manager Nivea Visage at Beiersdorf. Only the efficient networking of selected above-the-line communication media with targeted one-to-one measures will lead to the planned impact.
The aim of the Nivea Visage DNAge campaign was clear: every woman in Switzerland aged between 35 and 55 should be aware of the new Nivea Visage anti-ageing skincare product and immediately know that it is "a scientific breakthrough", as Feusi explains. The campaign kicks off with three eye-catching 30-second TV spots plus a 10-second reminder spot.
Highly coveted minisizesThe print campaign started with a banderole and a 6-page gate folder, followed by 3D lenticular cover images - "a strong eye-catcher that is rarely seen in the Swiss advertising landscape", as CD Armin Korf believes. Subsequently, advertisements with product samples will appear in various formats.
 
The coveted mini-sizes as product samples are also packaged exclusively for Switzerland in small, transparent cell balls. A lucky number serves as an active integration element that navigates the consumer to the Nivea website to check the prize. At the POS, gallery cards with a flip-book effect and integrated product sample sachet create the desired attention-grabbing effect in Switzerland only.
Prior to the product launch, TBWA Zurich created an informative PR folder that was sent to all relevant press offices in Switzerland.
Andreas Panzeri

M&M Media Agentur builds for Obi

M&M Media Agency, based in Glattbrugg, has acquired a new client for 2007. Starting in the new year, Obi Baumarkt will handle all of its media activities through M&M.

The Glattbrugg-based M&M Media agency has acquired a new client for 2007. Obi Baumarkt will be handling all its media activities via M&M from the new year. According to a press release, the agency's media creativity and purchasing expertise were decisive factors in its selection.

Around the world in a film bus

Snap Film has selected the winning idea for its Viral Spot Contest.

Competition Snap Film has the winning idea for its viral spot contest in the canFrom the head to the paper, then to the studio and now soon to the web. At the beginning of November, Snap Film put the first spot from its newly launched Viral Spot Contest into the can. 95 concepts from Switzerland, Germany and Austria were submitted to Snap Film. Advertisers, journalists, students, directors, marketing managers, editors and architects took part in the creative competition. Maren Beck, copywriter at the advertising agency Zogg, Kettiger, Gasser in Zurich, had the best idea for a commercial on the subject of "deodorant". As promised, her concept "Stamp" has now been realized free of charge by the producers at Snap Film. The story: Two Japanese tourists write their postcards on a bus in the sweltering summer heat. A man next to them is sweating so much that the tourists end up cheekily wetting the stamps for their cards under the man's armpits.
The gag was filmed in the large Swisstudio in Bürglen in the presence of the winner Maren Beck. The film was directed by Luzius Rüedi. Snap Film was able to recruit Zurich-based actor Krishan Krone as the lead actor and Jin-Han Lee and Ken Ebizuka as supporting actors. 20 extras and a dog were also used to fill the play bus, in which, according to the story, it was supposed to be hot - "which it was ...", as producer Michael Kindermann reveals.
Nevertheless, the cast and crew had so much fun during filming "that we felt like we were on a bus for a weekend trip," says cameraman Marco Barberi.
The next steps will be the editing and picture processing at Treibhaus, followed by the dubbing at Hastings.
Snap Film is enthusiastic about the experiment and wants to continue the competition next year.
Andreas Panzeris

Tamedia has set off an avalanche

Advertisements There’s a stir in the publishing industry: More and more self-managed publishers want to introduce direct-booking commissions for agencies. This is also causing concern among publishers with P leases. But P remains silent.

Advertisements There is rumbling in the publishing industry: More and more independent publishers want to introduce direct booking fees for agencies. This is also making publishers with P leases uneasy. But P remains silent. At the beginning of 2005, everything still looked like an extra tour by Tamedia: At that time, the Zurich media group offered media agencies that booked their advertisements in Tamedia titles directly instead of via Publimedia a so-called direct booking fee. On July 1, 2006, Ringier followed suit with the majority of its titles. "We noticed that Tamedia titles were gaining market share at the expense of similar titles from other publishing houses," said Thomas Passen, responsible for the reader and advertising market at Ringier Magazines, explaining the decision at the time. In addition, Ringier had "hoped in vain that Publimedia would do something to counter the threat of a discount spiral." Different publishing policiesNow it seems that such a spiral is definitely coming: Tamedia spokesman Christoph Zimmer announced that from next year, Tamedia titles 20 Minuten, Finanz und Wirtschaft and the Thurgauer Zeitung, which is switching to its own management, will also grant direct booking compensation. This means that all Tamedia titles will participate under the same conditions. The situation is different at Ringier, where the Blick Group remains excluded, but the original test offer itself will continue, presumably as before. "We have not yet analyzed the figures in detail, but a trend reversal was noticeable: our titles have gained market share again," says Thomas Passen.
Other publishers with their own titles are still hesitating. But at Edipresse, for example, it's as good as a done deal. "We will introduce 75 percent of the compensation, but only for our magazines," says Marcel Siegenthaler, Head of Advertising Market Edipresse Switzerland. Ralph Büchi, publisher of the Handelszeitungs Group, is also looking into the matter. "The chance that we will introduce compensation as of 2007 is intact," he says. According to reports, the Espace Media Groupe has already decided in favor of compensation - at least for the Berner Zeitung - but no comment was available from them. There has also been no reaction from the Walliser Boten.
Schaffhausen, on the other hand, is saying no. "Direct booking compensation is always an issue for us, but we will tend to do without it," says Alexandra Strohm, publishing director of Schaffhauser Nachrichten (SN). Strohm points out that P markets the advertising combination 1 with Landbote and Thurgauer Zeitung, which is important for SN. It obviously doesn't want to mess things up with the P.
Publishers under pressure to actThe reasons why other publishers are flirting with the compensation are manifold. On the one hand, some media agencies have been under pressure from other publishers following Tamedia's bounce. These were apparently under so much pressure that even Ringier, whose compensation is half a percent lower than Tamedia's, is "reviewing the amount of compensation again", according to Thomas Passen.
A second reason is that publishers want a level playing field. "We want to avoid our titles having to face disadvantages," says Siegenthaler. He fears such disadvantages because Ringier has also brought the compensation to French-speaking Switzerland. "We haven't felt anything yet, but Ringier has informed us that the compensation has had a positive impact on its magazines," says Siegenthaler. At the same time, however, he doubts that the agency fee could be financially worthwhile for the publishers. "It is primarily an investment in the relationship with the market partners," he says.
Ralph Büchi puts forward another argument: Provided that publishers openly declare their direct booking compensation, he sees this as a contribution to "transparency and fairness" in the triangular relationship between publisher, media agency and advertising client. "Hidden kickback payments, such as those that have come to light in Germany, undermine trust," he says. However, he does not believe that similarly serious conditions prevail in Switzerland. "But there are noticeable tendencies here too, and we want to counter these at an early stage in the interests of all market partners," says Büchi.
Jürg Siegrist, Director of the Association of Swiss Advertisers (SWA), has little sympathy for the publishers' arguments. For example, he criticizes the fact that publishers are being asked for a minimum volume per year. "This encourages agencies to make strange, financially motivated booking maneuvers towards the end of the year," says Siegrist. This is particularly noticeable at Tamedia, which increases the fee if an agency exceeds the previous year's volume. Siegrist also criticizes the fact that Tamedia only compensates agencies that book directly, but not clients that book directly.
The situation is different at Ringier, where both parties explicitly receive the compensation. "The whole thing amounts to less transparency than before," summarizes Siegrist. He emphasizes that the SWA is not fundamentally opposed to direct booking compensation. "However, we demand that all our members are informed openly," he says. It is then up to the clients to clarify with their agency who should ultimately receive the compensation.
However, Stephan Küng, CEO of Initiative Media Switzerland, is a clear "advocate of direct booking compensation". Not so much from a financial point of view, but because direct contact with the publisher is more efficient and also brings added value for the customer, he says. "For me, the whole thing also has a political component: P is a direct competitor of the media agencies in certain areas. And the compensation is a signal from the publishers that they want to treat equal performance equally," says Küng.
Time-consuming direct bookingFor Urs Schneider from Media-Schneider, too, the compensation "for an effectively provided advance service is very welcome", as he says. After all, direct booking is actually more time-consuming: not so much because of the direct contact, which is necessary for ad placement anyway, but in terms of billing and controlling. "If we go through Publimedia, we receive a single invoice. If we book directly, we receive several," says Schneider. He also reminds us of the SRG marketer Publisuisse: Publisuisse also grants online booking agencies compensation that has not yet been claimed by the clients.
This is what Tamedia and RingierRingier's compensation amounts to
(currently) one percent of annual net/net sales on advertisements and inserts - in 15 Ringier magazines as well as in Cash and Cash daily. The only exceptions are Gesundheit Sprechstunde, the sports magazine and the newspapers Blick, SonntagsBlick (including the magazine Sie + Er), Il Caffè and heute. A further condition must be met: The minimum annual turnover in the eligible titles must total half a million francs.Tamedia's direct booking fee, on the other hand, is 1.5 percent on volumes of at least one million francs annually. If the turnover also exceeds that of the previous year, Tamedia grants two percent.
U-turn by Jean FreyThe compensation avalanche triggered by Tamedia
Jean Frey AG (Bilanz, Beobachter, TVStar and 40 percent of Weltwoche) has also recognized the benefits of direct booking media agencies. "We are thinking about it for 2007", CEO Filippo Leutenegger announced shortly before the editorial deadline, although - unlike his publishing colleagues - he never used the term "direct booking compensation" but spoke of a "reimbursement". However, he emphasized that the decisions on Förrlibuckstrasse had not yet been made. It is also possible that there will not be a uniform Jean Frey regulation. "With us, the freedom of the individual titles is greater than elsewhere, we only coordinate." In any case, the respective title policy takes precedence. A year ago, Leutenegger was still clearly against compensation. He now justifies his U-turn with an unspecified "pressure from the market". The P is under pressure to actIn view of the potential wave of compensation
P is not only at risk of losing sales, it is also under pressure from its leased titles. Because they are not allowed to grant agencies a "discount" (P terminology), they fear that they will fall behind their own titles with direct booking compensation in the future. No wonder, then, that the entire industry is currently keeping a close eye on P. So far, however, the advertising giant has mainly left it at threats. For example, it has held out the prospect of slightly higher licenses for certain tools to agencies that book directly. Or charging for certain services that P currently provides free of charge.
Only two things have been implemented so far. For example, Publimedia introduced compensation in 2005: Agencies that book their own titles via Publimedia instead of directly receive five francs per order - a fee for which the agencies only have a weary smile. The second: if an agency orders cost calculations from Publicitas but then books directly, the expense is now invoiced. It is interesting to note that the print sponsor Publimedia does not do this.
Werbewoche wanted to ask Otto Meier, General Director of Publipresse, about the new situation. However, he canceled an interview without giving a reason. The publishers, agencies and the SWA did not fare much better: talks with Meier did take place, but there were no concrete answers, it was said in unison.
Markus Knöpfli

Capital Communication wins mandate from Miranda

Following the mandate from Patron Mining, Capital Communication acquires another company in the raw materials sector.

Following the mandate from Patron Mining, Capital Communication has acquired another company in the commodities sector. With immediate effect, the Zurich-based agency is supporting Miranda in all matters relating to communications, investor relations and corporate design. This also includes all corporate publishing tasks as well as the creation of the website. Miranda owns various gold mines in the south of Ecuador and is currently preparing for its listing on the Frankfurt Stock Exchange.

Xentel against Swisscom

Telefon Lowe shows how strongly and quickly the new 1818 directory assistance service wants to get off the ground.

Telefon Lowe shows how strongly and quickly the new 1818 directory assistance service wants to get off the ground. 
The Baden-based company Xentel AG has launched a telephone directory assistance service under the catchy number 1818. The company is one of the new providers venturing into the previous monoculture of Swisscom directory assistance 111. Lowe has dramatized this in a funny series of commercials. In one of the films, an about-to-retire 111 is shown dozing in a corner while two sporty skiers with start numbers 18 and 18 test their resilience and endurance in agonizing tunnel training. The two are doing everything they can to prepare for the challenge that lies ahead - serving the information needs of millions of Swiss people. 18 and 18 together are the new Swiss information. Inspired by the ski stars of the 70s, the two 18s are "determined to take over the task of the old, conscientious 111 and become the simplest and most popular source of information", as the accompanying PR text from The Gate Communication puts it. Equipped with enthusiasm, energy, speed, power, conviction and humor, the 18ers are ready to "go anywhere, do anything and endure any torture to win the loyalty and affection of the Swiss," is how Lowe describes the message of the commercials. They were produced by Condor and directed by Michael Fueter.
The commercials for the launch of the information service are accompanied by online advertising and posters that allude to the glorious 70s of skiing with a touch of irony. A fan club will also be set up on the website www.skisstour.ch to follow the further activities of the sporty 18s.
The new information service will initially have 60 workstations, with further expansion planned depending on the success of the new service.
Andreas Panzeri
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