Suing Bloggers is an Invitation for Bad PR

Late last week Warren Kremer Paino Advertising sued Maine blogger Lance Dutson for copyright infringement, defamation and trade libel and injurious falsehood. They charged he caused damage to their client, the Maine Office of Tourism, because he critiqued their marketing strategy.

I can't comment on the merits of this case. There are two sides to every story, so I can't be sure who's right or wrong here without seeing the evidence and hearing from both parties. However, what I can say is that suing bloggers should be an absolute questionable last resort tactic to resolving such an issue. It's a lose-lose for everyone because of the PR fallout.

I was interviewed earlier this week by Advertising Age on this subject and I offered the following game plan to companies that might have bloggers dinging their brands:

* The first step is to contact the blogger and discuss the issue in a non-threatening way. See if you can reach an agreement.

* Second, you might have to accept what you cannot change. It's the bloggers' rights to communicate their opinions as long as the information was obtained through legal channels.

* Try to find a third party to broker a discussion between you and the blogger. In this case the ad agency could have asked the Media Bloggers Association to get involved. Dutson is a member

* Blog back, but only if you already have a blog. If you don't have a blog and you get hit, now is not the time to start one. The one scenario where I think starting a blog could work is if you are hit by a broader crisis that spreads in the blogosphere (e.g. Kryptonite Locks). This is different because it's isolated to one blogger.

Technorati Tags: Lance Dutson, MBA, Media Bloggers Association, WKPA

Comments

[John Blodgett]

All that said, this displaced Maine-iac thinks the ad concept being critiqued is an absolute hoot. But yeah, the reaction of the state is oddly strong.

[Amanda Chapel]

What happened to the "conversation" and incorporating public criticisms into your brand? Or is corporate blogging only about positive reinforcement?

- Amanda

[jeff nolan]

Please, no more Kryponite lock references...

More to the point of the Maine case, there is a pretty strong case history on the side of 1st amendment rights when it comes to criticizing government or agencies acting on behalf of government. A case that may qualify in a court between a company and an individual faces a much higher bar when it comes to a government agency. On that point alone, from what I have read about this case I would doubt it survives a summary dismissal motion. Maine should have to pay the guys legal fees as well, if I had my way.

[kirsten]

Great post, Rebel Yell Rubel. ;)

Sure did earn Warren Kremer Paino Advertising a heap-o-media coverage now, didn't it? One might still muster the argument: "no PR is bad PR." Now all WKPA needs to do is figure out how to monetize it. Go Daddy did.

I respectfully submit: for the most part, the blogosphere should be defacto attorney-proofed. Why sue a blogger if you know they don't have any money?

P.S. Let's not hold any of this against Maine. It's a darn fine state.

P.P.S. La faux femme Chapel is still writhing? Sigh.

P.P.P.S. Note to Nolan: If you had your way? "Thanks be to gosh you don't."

[kirsten]

p.s. re:invention's advice for extinguishing an online flame:

http://reinventioninc.blogspot.com/archives/2005_01_01_reinventioninc_archive.html#110702317663083259

[Mike]

Companies that sue bloggers deserve to get bashed by bloggers.

[sherpa]

Uh-oh. sorry for my multiple trackbacks ...

[Lindsey]

An angry response on the part of Warren Kremer Paino implies guilt, intolerance, and ultimately a disregard for the public’s right to knowledge (not to mention the 1st amendment). Whether or not any of these characterize the company, who’s to know? Two-way conversation with Dutson would have been less blatantly confrontational, public, and negative. Even if Dutson is at fault, Warren Kremer Paino shouldn’t squash him just because they can. Their reputation is at stake. If anything, they should destroy his credibility (or at least heighten their own) by acting professionally, not bitterly.