Many brands demand that their agencies give up intellectual property rights — but some agencies are starting to push back
that agencies participating in the food giant's review had to sign away IP ownership, CMO Ivan Pollard said at this year's Advertising Week in September. Agencies also had to agree not to get paid until four months after starting work on the account, despite having no indication of how long the contracts might last or how much revenue they might bring in.
Skubic also said that over the past year, Crispin Porter Bogusky has declined participating in at least three big-brand reviews — including one he wouldn't name whose conditions, as he described them, were identical to General Mills'.Robinson acknowledged there are unethical people in the marketing world.
He recalled a review in which the losing agency, which had not signed an IP clause, threatened to sue after the client ran an ad closely resembling its pitch. But Ark's own notes showed that the winning agency had proposed a nearly identical idea. Eric Lachter, the former head of brand marketing for Sony PlayStation and Roku who helped oversee reviews for those companies, said it's not uncommon to see five or more ideas that have "50% to 80% overlap," especially when clients ask competing agencies to focus on certain words, phrases, or sentiments.Clients have been able to enforce IP clauses because plenty of agencies agree to them.
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