Tag: merchandise

Why Selecting the Right Company Swag is so Important for Your Business and Brand

I recently went to use a pen that I got at a conference from a law firm service provider. It’s my favorite pen. It writes perfectly, it never leaks, it has the perfect consistency and it is a bright color, so I can always find it in my purse.

On the flip side, I have another pen, from a top 10 Am Law ranked law firm with profits of more than $3 million per partner per year that ran out of ink the second time I used it. It’s flimsy and plastic. I was surprised that a firm of this caliber would give out hundreds of these pens to their clients, recruits and prospects.

It’s incredibly important that each touchpoint your target audience has with your brand is truly reflective of your brand.

That means even the pens you hand out at a conference (when we go back to conferences), the coffee you serve, the way the bathrooms look and the tidiness of the reception areas (including ensuring the plants in the reception area are healthy looking) need to be well thought out.

And the kind of swag (or promotional items or tchotchkes as I prefer to call them) you choose to represent your company is much more important than you may think. It’s part of your outward facing brand and can be an easy way to gain positive visibility for your organization.

Let me give you an example. I was a guest in a summer share a few years ago in the Hamptons. One of my housemates walked into the house wearing a baseball hat that said “MoFo.” I said, “do you know what that stands for?” and you can guess yourself what he replied. I told him that MoFo was actually a global law firm. He was shocked. He said he had been given the hat by a lawyer friend of his about 10 years prior and didn’t know (or ask) what the abbreviation stood for. He just assumed it stood for – well you know what.

This is a great example of how the wording and branding on a swag item can make all the difference.

Once I told him MoFo was the name of a major law firm, the hat lost its “cool” quotient to him. Later that summer I saw his once beloved hat thrown on a heap of beach gear in the basement. The MoFo hat had been demoted.

Company SWAG is the abbreviation of “Stuff We All Get” (I personally didn’t know that until I researched this article). It is free stuff and giveaways that employers give out to their current employees, alumni, recruits and clients.

As with so many things in marketing, one size doesn’t fit all, so it’s important to have multiple promotional pieces from which you can choose. Many firms keep closets full of promotional items and have an online catalog to make it easy for employees to choose items when they need them.

It should go without saying that your company branding should appear on every promotional piece.

So, how do you choose awesome company swag that your clients and other target audiences actually want?

There’s a huge difference between being thoughtful with your company swag items and just putting your company logo on the cheapest or coolest items you can find. The benefits of doing the former go way beyond what you might think.

Investing in high-quality swag has the potential to earn you extra brand impressions, build awareness, cultivate strong company culture, and build good rapport between your brand and your prospects.

  • Make sure it’s well-made: The number one rule when considering company swag is making sure it’s high-quality. While the initial excitement of a new or free thing might last a week or so, if it’s not something of true value, people will be over it just as quickly. When you take the time to pick out swag items that are worthwhile, people are going to use it far beyond the first week, giving your swag more longevity and the chance to garner more impressions. If it falls apart, so does your reputation.

  • Think outside of the office. Find something that is useful even outside of the office – it doesn’t always need to be a pen or a flash drive!

  • But sometimes the tried and true works. I have an umbrella from Paul, Weiss, Rifkind, Wharton & Garrison given to me for Employee Appreciation Day many years ago when I worked there. This is the Mercedes Benz of umbrellas. It still works after two decades! It even has a cool wind technology that doesn’t allow it to bend during crazy storms. I carry it with me whenever there’s a bad rainstorm. We always had high-end umbrellas stowed away as giveaway items at several law firms when it rained for client events. Don’t underestimate the power of a good quality basic like an umbrella or a tote bag. Just put your logo on it so you get free publicity. You want your brand to be associated with high-quality items, because you are a high-quality company.

  • Keep your company culture at the forefront when choosing swag items. This one really doesn’t need an explanation. Make sure the items you select truly represent you and your organization.

  • Consider thoughtful details. When planning what kind of items you want to order for company swag, think about which items you can use to relay small details about your company and/or its culture.

  • Make sure your logo/brand name is on each item – and that it’s not too big and not too small. Remember promotional items are walking advertisements for your organization. I still get stopped on the street sometimes when I wear a tote bag from one of my prior law firms – someone will inevitably ask me if I am a lawyer and it’s a nice starting conversation point. I am not a huge fan of doing special logos for an anniversary or special event – I think it’s smarter from a brand and cost perspective to stick to the basics, especially if you are not a household name.

  • Extra points if you can work yourself (or your clients) into the item. Intellectual property law firm Amster Rothstein & Ebenstein has one of the coolest promotional items I’ve seen in years. It’s a metal straw – but it’s not because it’s trendy as a metal straw – it’s because they helped the client obtain the patent for that straw. They actually have the patent number on the item – which is super cool too. So, if you did something novel like this – by all means please use it as your promotional item. And if your clients create items that you can use – even better. Why not support them? It helps to build stronger relationships. One of my prior firms had a program where they would source promotional items and startups from small businesses the firm represented. What a great way to support small businesses and your clients!

Taking the time to pick out the right swag will enhance your brand and reputation, promote your company culture and promote positive buzz your organization.

I’d love to hear more about the promotional items your firm is using.

Article By Stefanie M. Marrone of Stefanie Marrone Consulting

For more legal marketing news, click here to visit the National Law Review.

Copyright © 2022, Stefanie M. Marrone. All Rights Reserved.

Mode of Operation Potentially Creates New Theory of Liability Against Retailers for Premises Liability

This article will address the use of “mode of operation” theory in so-called negligent stacking cases against retailers for premises liability. Adding mode of operation analysis into the mix creates new considerations for retailers in defense of cases of falling merchandise. While many courts look solely to the method of stacking standing on its own in making this determination, some have introduced the concept of mode of operation into the analysis. By introducing this consideration, courts invite inquiry into the reasonably foreseeable interference of customers. Being on the lookout for this issue is important early in the pleading process as well as during the presentation of evidence at trial.

Typically, in premises liability cases, including those involving falling merchandise, a retailer is not the insurer of the safety of its customers. See, e.g. Garvin v. Bi-Lo, Inc., 343 S.C. 625 (2001); Mounsey v. Ellard, 363 Mass. 693 (1973); Meek v. Wal-Mart Stores, Inc., 72 Conn. App. 467, 806 A.2d 546 (2002). However, a plaintiff may recover if she can show that the manner of stacking a shelf was dangerous. “The merchant must use reasonable care in placing goods on the store shelves. Merchandise must not be stacked or placed at such heights, widths, depths, or in such locations which would make it susceptible to falling.” See e.g. Pullia v. Builders Square, Inc., 265 Ill.App.3d 933, 937, appeal denied, 158 Ill.2d 565, 645 N.E.2d 1368 (1994); Dougherty v. Great Atlantic & Pacific Tea Co., 221 Pa.Super. 221, 289 A.2d 747 (1972). The jury also may consider the method of stacking, the presence or absence of lateral support, and the stacked item’s dimensions and center of gravity. Meek v. Wal-Mart Stores, Inc., 72 Conn. App. 467 (2002); Wal-Mart Stores, Inc. v. Sholl, 990 S.W.2d 412 (Tex. App. 1999); Fleming v. Wal-Mart, Inc., 268 Ark. 241 (1980).

These cases, relying on a simple formulation of negligent stacking present clear areas for the defense to emphasize. Any deficiency in the plaintiff’s presentation as to orientation, heights, and weights must be highlighted for the finder of fact. Unless the case is brought in a jurisdiction that sanctions res ipsa loquitur liability in these situations, the plaintiff cannot simply rely on the occurrence of the accident to support a case. In addition to highlighting deficiencies in the plaintiff’s case, the defense may also benefit from the right expert. Testimony from a structural engineer or other qualified expert to affirmatively establish the stability of the retailer’s chosen display and compliance with industry standards.

In some jurisdictions, courts have employed a mode of operation analysis to allow a plaintiff to establish liability for falling merchandise. For example, in Meek v. Walmart, 72 Conn. App. 467, 806 A.2d 546 (2002), the Connecticut Appellate Court held that “the store’s mode of operation may be taken into account by the fact finder when it considers whether the method of display was unsafe.” Consequently, “one of the factors to be considered in establishing and maintaining a display in a department store is that the merchandise is going to be inspected by the customers.” This ruling extended the mode of operation analysis to Connecticut in line with the more than twenty other states. See Kelly v. Stop and Shop, Inc., 281 Conn. 768 (2007).

Adding mode of operation analysis into the mix creates new considerations for retailers in defense of cases of falling merchandise. Although the jurisdictions that allow mode of operation liability employ different tests, generally speaking, there needs to be a business model that encourages customers to handle merchandise making a “particular resultant hazard readily foreseeable.” See e.g. Fisher v. Big Y Foods, Inc., 298 Conn. 414, 428, 3 A.3d 919, 928 (2010). Such modes of operation typically concern a particular method of operation within the self-service context, rather than the self-service model itself. See Jasko v. F.W. Woolworth Co.,supra, 177 Colo. at 420, 494 P.2d 839 (“defendant’s method of selling pizza” created dangerous condition); Gump v. Wal-Mart Stores, Inc., supra, 93 Hawai’i at 418, 5 P.3d 407 (specifically limiting application of rule to circumstances of case, i.e., when “a commercial establishment, because of its mode of operation, has knowingly allowed the consumption of ready-to-eat food within its general shopping area”). The fact that customers are allowed to select merchandise off of a shelf typically will not satisfy a mode of operation analysis. See e.g. Fisher v. Big Y Foods, Inc., 298 Conn. 414, 428, 3 A.3d 919, 928 (2010).

Therefore, when confronted with a claim of mode of operation case for falling merchandise, the defense should initially consider a motion to contest the sufficiency of the allegation if the mode of operation alleged is merely that customers are allowed to select and carry away their own merchandise. Without identifying a specific practice within a self-service context, the plaintiff’s allegation may be legally insufficient.

If unable to dispense of such an allegation through a pre-trial motion, it will be incumbent upon the defense to present evidence at trial negating the mode of operation claim. A well-prepared defense witness on compliance with internal standards and practices showing proper stacking methods and inspections will go a long way towards a successful defense. Further, evidence showing lack of injury from the merchandise display method at issue will bolster the defense. This can be done through presenting evidence as to industry practice as well as demonstrating an absence of regularly occurring falling merchandise. Retailers can best achieve this by regularly documenting any claims and having in place a system for monitoring such accidents. By showing that the practice at question was not peculiar to a particular aspect of the retailer’s operation or that the hazard was not so regularly occurring as to be foreseeable, a defendant should be able to avoid liability.

© 2019 by Raymond Law Group LLC.

For more on legal liability, see the National Law Review Products Liability law page.