M&S v Aldi: Round 2

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In what appears to be a reboot of the ‘Colin v Cuthbert’ saga which dominated headlines earlier this year, M&S has returned for round two against Aldi, suing the discount supermarket chain over their ‘copycat’ Christmas gin. M&S has filed papers with the High Court seeking an injunction restraining Aldi from further infringing on its designs, for Aldi to surrender or destroy its stock, and pay damages and costs – Aldi has rejected requests to cease selling the gin thus far. This particular spat bears a large resemblance to the Colin v Cuthbert case, which is ongoing, where M&S claimed similar remedies and damages against the discount retailer. The Aldi PR machine was quick to capitalise on the attention these disputes have elicited, using social media to gain notoriety for both Cuthbert and their gin, by posting a series of memes, short videos, and even referencing caterpillar-gate in their Christmas advert, all of which have gone viral. And there’s been serious online cut through, with the hashtag #FreeCuthbert trending on Twitter for several days. Furthermore, other companies selling Colin knockoffs jumped on the media bandwagon and produced their own memes, adding further momentum to the story while generating sales across the board. What we see now is Aldi receiving the support of the public, while comes across as ill-humoured for their ‘serious’ response. Despite this, M&S will likely continue their legal battle to stop the sale of Aldi’s Christmas gin and Cuthbert, but Aldi are seemingly happy to swallow the potential costs of losing if they continue to reign victorious in the court of public opinion. This is yet another example of how so-called ‘meme culture’ has infiltrated the world of marketing and PR and can even be used as an effective tool during legal disputes. It also demonstrates how the court of public opinion, shaped by PR consultants, can be an instrumental tool in these disputes and influence consumer behaviour as a result.  While it may not seem obvious to those who don’t work in these sectors, PR and legal action are closely entwined. Both professions work from a strategic standpoint – that is, lawyers advising on legal implications and PR professionals advising on the external, or public facing, implications of decisions. When put together, the combined actions of both parties can influence the outcome of disputes and the bottom-line of clients.   Be it reputation management of an individual, or in this case a company like Aldi, communications play a vital role in shaping narratives and responding appropriately to events as they unfold. While humour may not always be the most appropriate response, in the case of Colin v Cuthbert and now the gin debacle, it was absolutely the right decision.

Saudi allegations in Black and White? Newcastle’s Takeover, PR and Levelling Up

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Thousands across the Northeast woke from a long nightmare on the 7th of October 2021. The hell endured by the Toon faithful since 2007 under Mike Ashley’s reign had finally come to an end. And what’s more, their beloved club now had access to riches, the scale of which had never been seen before in English football. The enamored joy outside St James’ Park that night was juxtaposed by the outrage expressed on social media. Human rights campaigners and fans of the other 91 football league clubs alike were abhorred by the gall of the Premier League to allow a Saudi-led investment fund to purchase one of English football’s biggest clubs, though the reasoning for their horror may have differed. The PIF has been accused of “sports-washing”; a practice where an individual, organisation, or nation state improves their reputation through the medium of sport. Football is rife with instances of “sports washing”. Gazprom, an energy company backed by the Russian state, sponsors a plethora of teams across Europe, conveniently situated in cities along prospective gas pipelines. Saudi Arabia’s entrance into this arena sees them join a host of other authoritarian states adopting this soft power strategy. Newcastle fans long craved a hero to replace their villainous former owner Mike Ashley, naturally presenting an easy PR win for any prospective successor. This was demonstrated by the scenes outside St James’ Park after the takeover was announced, where hundreds of Newcastle fans congregated together to dress as Sheikhs and wave Saudi flags. For the Geordie faithful, the sheer desperation to enjoy watching their team play and the hypocrisy of many of their critics meant the alleged crimes of the Saudi regime could be overlooked. The role of Amanda Staveley, a British businesswoman, as the face of the deal cannot be discounted too. Meanwhile, sustained engagement with the key stakeholders throughout the process, including supporter’s groups and club legends like Alan Shearer, sharply contrasted Mike Ashley’s approach. These actions stemmed what would have threatened the deal most: opposition from Newcastle fans and figures. The PIF also pledged to invest a great deal into the surrounding area of Newcastle. The city and surrounding region is one of the key targets of the government’s ‘Levelling Up’ agenda and Staveley herself was quoted as saying “We want to see more investment in the north of England, levelling up’s part of the agenda”. Investment in the team and region could be a blessing for the people of Newcastle. It can be argued, however, that the necessity for questionable foreign investment to improve an area that has seen severe economic deprivation should instead be seen as a failure of the government. Regardless of that, the PIF now have an extremely effective vehicle to flex their soft power in a region that is increasingly crucial on the electoral map.

What makes TikTok tick?

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TikTok has quickly become the fastest-growing social media network in history. Having been downloaded more than two billion times, it is rivalling long-standing social media giants like Facebook. The short video sharing platform is rapidly changing the social media landscape in ways that Facebook and Twitter did a decade ago. But more than being simply a social media success story, TikTok’s success story is one of how to leverage consumer artificial intelligence. TikTok’s cutting edge AI is what keeps its users addicted to the app. The algorithm learns more about the user every minute spent on the app, interpreting their behaviour and delivering content based on the data obtained. The result is a highly addictive platform based on a constantly learning algorithm, with TikTok users spending, on average, more than 850 minutes per month on the app. Whilst many consumer platforms use AI in some shape or form – YouTube will give you video suggestions and Twitter might suggest somebody to follow – TikTok has flipped this concept on its head and made it the predominant DNA of the platform. AI is not a feature, but the product itself. TikTok is the first mainstream consumer app where artificial intelligence is the product. Unlike social media platforms that are designed for and used primarily as a communication tool, TikTok sells itself on being able to connect you with content and people you didn’t even know you wanted to see yourself. The company behind TikTok, ByteDance, know what they are onto, and have launched a new product: the AI behind the app. The new company, BytePlus, offers businesses the chance to tap into TikTok’s DNA and use it for their own consumer products. The ability to know what your consumers like, are interested in, dislike, find funny is gold dust and something that almost all companies are trying to capitalise on. But the new social media platform on the block is currently doing it better than the rest. The quick learnings of consumer behaviour are already widely used, but we are likely to see AI on this scale and in such an outwardly aggressive manner being used much more widely. We may be entering into a new era, both on social media and more widely, where AI and algorithms dictate what we see and what we engage with. The news we read, the products we buy, the music we listen to, all already influenced by what algorithms learn about us, may soon shift to be entirely AI led.