4 ms·

SurveyMonkey lawyers ask PopSurvey to stop using monkeys in ads. Yes, really.

8 points by dh 14y ago

3825 14y ago
I have to say I agree with Survey Monkey in this case. What PopSurvey is doing is bad and you should feel bad as well.
- siamakt 14y ago
  With that argument, Apple should've felt bad for Mac vs PC ads and Pepsi should've felt bad for their Pepsi Challenge campaign against Coke. It's what challenger brands do.
  - elliottcarlson 14y ago
    I see it slightly different - Mac vs PC or Pepsi Challenge calls out the competition and tries to show the consumer why the product is better. This seems to be marketing with an attempt to confuse the brand.
    - dh 14y ago
      I don't think there is any brand confusion, it is clear the differences and even this post shows the difference https://www.popsurvey.com/blog/popsurvey-is-40-faster-than-surveymonkey https://www.popsurvey.com/blog/popsurvey-is-40-faster-than-s...
- bpatrianakos 14y ago
  Is it bad? Why? What would be worse - making references to monkeys/ SurveyMonkey indirectly or directly referencing the company name and all? I don't know. Is one okay and the other not? I think that sometimes these things can be done in bad taste but I don't necessarily see anything illegal or unethical about it. Its pretty normal for a competitor to try to contrast themselves with a dominant company. Doing so can often lift you up to the level of the dominant competitor in the eyes of consumers and other times it looks like you're taking unfair cheap shots at the big guy. In this case I thought what Pop Survey did was okay. They definitely made their case by showing the difference between the products. I thought it was fair. Its not like they only went out name calling, they backed up their claim.
tgrass 14y ago
Well done, PopSurvey. Had never heard of you, but now you're top of my list. That folks is how you market.
- strandev 14y ago
  Now I've heard of them and would recommend people to not use them because of these tactics.
  - Shpigford 14y ago
    I'd actually recommend you give both services a try and see which you actually like before making a recommendation to anyone, one way or the other.
lessallan 14y ago
I'm going ape over this! <bad pun>
elliottcarlson 14y ago
SurveyMonkey is just trying to protect their brand, which is fair, while PopSurvey seems to be making a bigger deal about it than they should - they tried to market with monkies for obvious reasons, and now they are trying to look like they are getting pushed around.
mikeryan 14y ago
I don't know enough about the law and trademark and parody to know comment on the legal aspects of this, but I have to say that I actually appreciated the tone of SurveyMonkey's attorney's letter.
- Shpigford 14y ago
  It was absolutely appreciated. I mentioned exactly that that in the article. But banning all references to an animal is straight crazy talk.
- siamakt 14y ago
  A legal threat written in a cute and witty tone is still a legal threat

8 points by dh 14y ago

3825 14y ago

I have to say I agree with Survey Monkey in this case. What PopSurvey is doing is bad and you should feel bad as well.

siamakt 14y ago
With that argument, Apple should've felt bad for Mac vs PC ads and Pepsi should've felt bad for their Pepsi Challenge campaign against Coke. It's what challenger brands do.
- elliottcarlson 14y ago
  I see it slightly different - Mac vs PC or Pepsi Challenge calls out the competition and tries to show the consumer why the product is better. This seems to be marketing with an attempt to confuse the brand.
  - dh 14y ago
    I don't think there is any brand confusion, it is clear the differences and even this post shows the difference https://www.popsurvey.com/blog/popsurvey-is-40-faster-than-surveymonkey https://www.popsurvey.com/blog/popsurvey-is-40-faster-than-s...
bpatrianakos 14y ago
Is it bad? Why? What would be worse - making references to monkeys/ SurveyMonkey indirectly or directly referencing the company name and all? I don't know. Is one okay and the other not? I think that sometimes these things can be done in bad taste but I don't necessarily see anything illegal or unethical about it. Its pretty normal for a competitor to try to contrast themselves with a dominant company. Doing so can often lift you up to the level of the dominant competitor in the eyes of consumers and other times it looks like you're taking unfair cheap shots at the big guy. In this case I thought what Pop Survey did was okay. They definitely made their case by showing the difference between the products. I thought it was fair. Its not like they only went out name calling, they backed up their claim.

tgrass 14y ago

Well done, PopSurvey. Had never heard of you, but now you're top of my list. That folks is how you market.

strandev 14y ago
Now I've heard of them and would recommend people to not use them because of these tactics.
- Shpigford 14y ago
  I'd actually recommend you give both services a try and see which you actually like before making a recommendation to anyone, one way or the other.

lessallan 14y ago

I'm going ape over this! <bad pun>

elliottcarlson 14y ago

SurveyMonkey is just trying to protect their brand, which is fair, while PopSurvey seems to be making a bigger deal about it than they should - they tried to market with monkies for obvious reasons, and now they are trying to look like they are getting pushed around.

mikeryan 14y ago

I don't know enough about the law and trademark and parody to know comment on the legal aspects of this, but I have to say that I actually appreciated the tone of SurveyMonkey's attorney's letter.

Shpigford 14y ago
It was absolutely appreciated. I mentioned exactly that that in the article. But banning all references to an animal is straight crazy talk.
siamakt 14y ago
A legal threat written in a cute and witty tone is still a legal threat