Recently, the company launched the new Samsung Razor MZR, which is poised to be a market leader as far as the current trends in mobile telephony are concerned. The new Razor MZR boasts of several inherent features that make it a convenient and reliable option for many users. In addition to that, the phone has a sleek design that is aimed at ensuring penetration in its target market, which comprises of youthful individuals who usually look for style, technology, and convenience when shopping for mobile phones.
In order to enjoy the functionalities and new features offered by Razor MZR, all one requires is a duly registered Subscriber Identification Module (SIM) card that will enable them access all the phone’s features through their mobile communications networks. Below is a step by step description of how to access the phone, its features, and other additional security and safety requirements associated with the phone’s usage.
Setting up the phone
Open the package containing all the phone’s components including the battery, phone covers, and charger.
Install your SIM card in the slot labelled SIM.
Install the phone battery in the battery socket and ensure that this installation is done correctly.
Put on the phone cover gently and ensure that it fits properly.
To switch on the phone, long press the red button key and wait for around two seconds.
If all this has been done correctly, a welcome message appears with the company’s logo at the centre of the screen.
Accessing the Phone’s Main features
Once the phone has been switched on, follow the prompt requiring you to set up your access credentials so that only you can have access to your phone.
Once you have set up the relevant details, it is now possible to access the various phone features using the phone’s touch screen interface.
Touch on the icon that you wish to further explore and see all the features and applications that are contained thereon.
To access your contacts, a phonebook icon that looks like an actual book is used to do this.
To browse the internet, use the web browser icon by touching it and inputting the appropriate URL address on the browser’s search bar.
Additional Features
In addition to the traditional phone features, the new Samsung Razor MZR has other additional features that set it apart from many of the mainstream mobile phone devices in the market today. These features include Wi-Fi functionality, high resolution camera, reliable Bluetooth connectivity, GPRS satellite system, a big internal memory of up to 8 gigabytes, and an expandable external memory slot of up to 32 gigabytes.
To enable the phone access wireless networks around it, use the wireless access button on the left side of the phone labelled Wi-Fi.
Push the button upwards to switch it on (access to wireless network) and downwards to switch it off (no access to wireless network).
The camera can be accessed through the camera icon on the phone menu.
To take a photo using the phone’s camera, push down the centre navigation key and hold it down until a camera flash appears.
Just like the camera, the Bluetooth functionality can also be accessed using the phone menu icons.
Identify the connectivity icon and select it.
In the options presented, select Bluetooth and then proceed to select Bluetooth on.
Mobile phone manufacturers have recently been engaged in cutthroat struggles to entice customers. The battle has not been easy for Samsung and the other competitors as well. In order to remain relevant in the market, these companies have been competing aggressively to control the market. This essay will discuss some of the features that Samsung can adopt to capture the market value with the smart watches.
Features that would enable Samsung’s Gear S smart watch to capture value
While trying to entice customers with hi-tech products, there are several factors that must be considered. Samsung has been doing everything in its power to remain the leading brand in the smart watches’ market although the competition from other leading competitors such as LG has been very steep. However, it is worth noting that Samsung has played its role as a market leader by setting the trends in innovations. Nevertheless, the company is not doing enough to outshine the competitors (Smith, 2010).
The Gears S smart watch by Samsung is a brilliant product although there is more that needs to be put into consideration. Compared to LG’s smart watch, the Gear smart watch is not as classy as it should be. Samsung needs to understand that people wear watches for elegance and to express their sense of fashion (Smith, 2010). While the curved screen has played a great role in persuading customers, Samsung should think about adding more fashion to this product. This can effectively entice the growing number of consumers who love elegance. The Samsung’s Gear S smart watch is a brilliant product because unlike other competing products it has a space allocated to hold a line (Kim, Jeon, Lee, Jeong & Jeong, 2014).
This makes the watch independent unlike the other companies’ products which must be connected with the phone via Bluetooth. Nonetheless, the brilliant design lacks elegance. Wrist watches are normally worn to show a sense of fashion. If the company can consider reviewing the watch’s design to make it more appealing and fashionable, it can easily capture the market value.
The type of innovation that relate to Samsung’s S gear smart watch
The first point to note in defining the type of innovation that suits Samsung’s smart watch is that it is a Product Innovation type. The innovation of Samsung’s smart watch which is a product introduced into the market by the company is the main focus (Johnson, 2014). However, this innovation has been undergoing changes over the years hence creating the aspect of incremental innovation. Incremental innovation is a process whereby a product’s features are changed but the system remains the same. This may include the physical look and design among other physical and structural sketches.
In addition, the aspect of radical innovation is also depicted since Samsung is the trend-setter in this market (Kim et al., 2014). Radical innovations involve the establishment of new dominant designs and the main concepts of a product. Samsung’s innovation is therefore best described as a radical innovation type as well as an incremental innovation due to the processes discussed above.
Conclusion
This essay has outlined the various measures that Samsung can take to capture the value of the market. It has also defined the types of innovations with regard to Samsung’s new smart watch technology. Due to the many processes that the new product has undergone, it can be described as an incremental innovation as well as a radical innovation as it has been outlined and justified in this essay.
Kim, K. H., Jeon, M. Y., Lee, J. Y., Jeong, J. H., & Jeong, G. M. (2014). A study on the app development using sensor signals from Smartphone and smart watch. Web.
Smith, D 2010, Exploring Innovation 2ed, McGraw-Hill Education, New York. Web.
Phones today provide many services as compared to a few years back when they were only used for voice call communications. In the wake of advancing technologies, phones have become very significant in accessing and supplying information and data as well as for communication purposes.
In terms durability and more advanced technologies, Nokia phones have always proved that they can lead as other phone companies follows. This article compares three different phone models from different companies. The models featured are Nokia E73 Mode, Motorola EX115 and Samsung R360 Freeform II.
Thesis Statement
Nokia E73 Mode would better serve the organization’s needs as compared to other phone models of its caliber from other phone companies.
Nokia E73 Mode
Nokia E73 Mode is the latest Nokia phone in the market built to suit the changing trends of the customers and to meet the technology advancements. With a dimension of 113.8×58.4×10.2 mm and weight of only 127.6g, Nokia E73 has been designed and is built in many modern features that allow it perform various functions favourable for the duties of members of the staff. It is both available in 2G Network and 3G Network.
It is GPRS and EDGE Class 32 enabled and is also built with WLAN, USB, and bluetooth to support its data features. It has TFT and 16M display colours as well as an optical trackpad. It has an internal memory of 250MB and a card slot of up to 16GB and comes with a free 4GB memory card implying that the phone has the highest storage capacity.
It has both primary and secondary camera features with the secondary features built to support VGA videocall camera features. It has GPS features which is built in A-GPS and is also built to support several java features.
The phone comes with a standard battery of 1500 mAh Li-lon and has battery stand-by period of 384 hours for its 2G network and 528 hours for its 3G network. The battery can last for 13 hours of talk time for the 2G network and 6 hours for the 3G network. An online survey carried out on 2472 people by Nokia Company indicated that customers rate its performance, design and features at 70% (Nokia, 2011).
Samsung R360 Freeform II
It is the latest Samsung phone released in October, 2010, four months after the release of Nokia E73 Mode. This phone is built in 2G Network and has no GPRS and EDGE features. However, it can support 3G data and also has bluetooth and USB features. It weighs 108g and has a size dimension of 104.9×53.8×15 mm.
It has TFT and 256k display colours and an internal memory of 42 MB as well as a card slot of up to 16GB. It only has the primary features for video camera, but also supports A-GPS as well as MetroNavigator GPS. It has a standard battery of 1000 mAh Li-lon which can stand-by for about 550 hours and can withstand 5 hours of talk time. An online survey which involved only 38 people carried out by Samsung Company rated its performance at 84%; its design at 87%; and its features at 85% (Samsung, 2011).
Motorola EX115
Motorola EX115 is also the latest Motorola model released in September, 2010. It is built in 2G network and does not support 3G data features. It has GPRS and EDGE of class 10 as well as bluetooth and USB features. It has an internal memory of 50 MB and a card slot of up to 32GB. Its camera supports video and primary camera features.
It has limited java features and no GPS. Its battery standard is 930 mAh Li-lon and has stand-by duration of 250 hours with talk time of about 3 hours and 20 minutes. An online survey carried out by the company on 1053 people showed that customers rate its performance at 75%; its design at 78%; and its features at 74% (Motorola, 2011).
Comparison
These phones have various features with some being similar and some being completely different to given them their uniqueness. They all provide internet, messaging and calling services. Nokia E73 has the longest lasting battery as well as the highest standard Li-lon battery with 1500 mAh. While Motorola EX115 and Samsung R360 support 2Gnetwork, Nokia supports both 3G network and data. Nokia E73 has an internal memory of 250MB and comes with a free external memory of 4GB.
However, Motorola EX115 and Samsung R360 have 50MB and 42MB respectively and do not come with any free external memory card. The Nokia phone supports both primary and secondary features of video camera while the Motorola and Samsung phones only support the primary video camera features and therefore, unlike the Nokia phone, they do not have VGA videocall camera.
Nokia E73 has GPRS and EDGE Class 32 as well as 3G data features while Samsung has only 3G data features and Motorola has EDGE and GPRS of Class 10. This and many more other features not mentioned, Nokia E73 Mode supports several functions as compared to Motorola EX115 and Samsung R360 Freeform II.
Conclusion
Given the nature of services that the organisation would want to receive from mobile phones, Nokia E73 Mode would be most preferable. The VGA videocall camera features, the 3G network, the GPRS and EDGE features, the large memory both internal and external as well as the longer duration that its battery takes when charged, shows its suitability for the organisation’s requirements.
Key design features that have made Samsung smartphones attain great success are reimagined camera, aesthetic shape and size, elegant display, and durability. These key features reflect the inspirational design of Samsung that has contributed to its current image and brand in the global market. The reimagined camera is one of the key features of the Samsung smartphone that reflects the inspirational design. The camera has revolutionized the way smartphones capture stunning images in any lighting conditions. The reimagined camera has a dual aperture that adapts to light as the human eye for it captures images in bright light and dull lighting conditions (Samsung, 2018). Multiprocessing technology allows Samsung smartphones to process images quickly and reduce the background noise, which affects the clarity of images.
Samsung smartphones, the Galaxy S9 series, have a high-speed camera of 960 frames per second, which can capture fast-moving objects and give stunning images (Samsung, 2018). In addition, the high-speed camera provides a super-slow-motion feature that allows cameras to capture moments of objects that the human eye cannot perceive. Dynamic random-access memory gives Samsung smartphone has superpixel sensor, which enhances accurate detection and stabilization of the image. The camera also allows modification of images into personalized emojis and smileys and sharing them incompatible formats. The graphics interchange format (GIF) is an important feature that enables modification of pictures and presentation of epic moments (Samsung, 2018). The reimagined camera employs intelligence technology of image recognition which identifies face and iris features for security and privacy purposes. The front camera of the Galaxy S series has 8 megapixels for sharp and clear selfies, while the back camera has 16 megapixels for high-definition images.
The shape of the Samsung smartphone is attractive and provides a comfortable touch. Curved and smooth edges are unique features that characterize Samsung smartphone and make it stand out among other smartphones. Users like the shape of Samsung smartphones because curved and smooth edges are comfortable and tangible. Additionally, curved edges enhance the usability and functionality of Samsung smartphones for users can easily navigate quick buttons and functions. Samsung smartphones have metallic and glass exterior designs, which offer a glittering and impressive appearance. The metallic finish reflects the quality of smartphones, whereas the glassy appearance depicts perfect artistic color. Slimness is another feature that characterizes the shape and size of Samsung smartphones. This feature does not only enhances portability but also the usability of Samsung smartphones. Broad screens promote display and enhance the usability of smartphones.
Samsung smartphones have an elegant visual display that depicts clear and appealing mobile applications. The screen of Samsung smartphones is wide and perfectly fits into the display frame for the maximum depiction of applications. In providing vibrant images, Samsung uses the organic light-emitting diode (OLED) and the active-matrix organic light-emitting diode (AMOLED). The OLED and AMOLED are innovative technologies that have revolutionized screens. Samsung smartphones, such as Galaxy S9 and Note 5, offer the best display among smartphones because they use OLED technology. According to Gibbs (2018), a combination of the OLED screen and high-pixels makes Samsung smartphones display clear images and rich colors. Moreover, the Samsung Galaxy S series have a dual-curved display, which provides a wide view of the screen and convenient perception of notifications. Hence, the elegant display is a key feature that makes Samsung smartphone a competitive brand in the market.
Samsung had dedicated its innovative design to making durable products that withstand wear and tear during use. According to Stone (2017), Samsung offers the most durable smartphones that pass military-grade testing, which validates their use in hard industries such as construction, manufacturing, transportation, and military. The screen can withstand constant drops for AMOLED display provide a flexible cover that is resistant to shattering. Superior glass protects the screen against abrasion and shock that usually cause damage and reduce the lifetime of smartphones. Additionally, the Samsung smartphone has an external metal frame that gives curved-edges and offers strong protection to internal components against shattering during drops. As water destroys smartphones, Samsung has designed its smartphones to be water-resistant. Samsung galaxy series, especially the Galaxy series from S7-S9 and Note 8, are resistant to water when submerged in a depth of 1.5 meters for about 30 minutes (Jung-a, 2016). The ability to resist water is a feature that has enhanced the durability of Samsung for water is a major factor that destroys smartphones.
Respected and Successful Brand
Since Samsung operates in a competitive market, it employs a market mix pricing strategy to penetrate and advance market share. Pricing is a delicate strategy for it requires consideration of product quality and market trends. In the smartphone industry, customers look for products that are not only quality and unique, but also affordable (Dospinescu & Florea, 2016). In this view, Samsung ensures that the products it offers meet the unique needs of target customers and compete effectively with dominant brands such as Apple, Tecno, and Lenovo. As Samsung often releases new innovative products into the market, it utilizes a skimming price strategy. This pricing strategy entails setting prices high during the introductory phase of the product for a company to gain maximum profits from early adopters but reducing the prices for late adopters who are price sensitive. Such a pricing strategy has enabled Samsung to gain profits from the innovativeness of its products and dominate the market because it targets both high-end and low-end customers. To achieve a significant share of the low-end market share, Samsung employs a penetration price strategy. The products of Samsung are more competitive in the market than those of Apple, the leading innovative company in the smartphone industry. Therefore, the affordability of Samsung products has made it stand out in the competitive markets and emerge as a successful and extensively respected brand across the globe.
Samsung has effectively leveraged its innovative strategies to gain the image as a respected and successful brand in the smartphone industry. Samsung has been infamous for producing substandard and cheap products adopted from other companies across the globe. However, the reinvention of its image and brand emerged when Samsung started to focus on innovation as a competitive strategy in the market. Dospinescu and Florea (2016) report that Samsung smartphones are competitive in the market for they provide unique designs with classy and stylish models that meet diverse preferences and tastes of customers. The focus on innovations has boosted the market share of Samsung because the interests of customers come first. In essence, customers prefer Samsung products to those of other competitors in the market for they are diverse innovative designs that meet modern functionalities and performance.
Samsung employs the horizontal integration strategy in the production of its smartphones and other products. In essence, Samsung focuses on the design features of the hardware component of the smartphone and gets the updated software component from Google. In contrast, Apple, the major competitor of Samsung, employs a vertical integration strategy for it produces both the hardware and software components of its smartphones. The advantage of the horizontal integration strategy is that it provides economies of scale, increases competitive advantage, and creates synergies in marketing. The affordability of Samsung smartphones emanates economies of scale, which reduces production costs. Since Samsung produces diverse smartphones, it targets expansive markets and diverse customers, hence, gaining considerable market share. Moreover, the global brand names of Samsung, Google, and Android create synergies in marketing, which have played a critical role in the expansion and dominance of Samsung smartphones in the global markets. Thus, the horizontal integration strategy has helped Samsung to weather competition, penetrate global markets, and expand its market share.
In marketing smartphones, Samsung employs compelling marketing strategies and distribution channels that do not only penetrate diverse markets but also reach out to customers in diverse markets. Samsung distributes its products or contracts certain companies to distribute products in specific regions to ensure consistency in pricing and services provided. In this view, customers get to understand the nature of products that Samsun offers in various stores and distribution channels. For example, Samsung permits communication companies in various countries to market and distribute its products. Given that communication companies influence the purchasing behavior of customers, they provide a robust platform for Samsung to advertise, penetrate, and dominate the smartphone market. Samsung dedicates many resources to marketing its products for it believes that market dominance is dependent on its advertising strategies. Rutnik (2017) reports that Samsung allocated $10 billion to marketing activities out of which the largest share ($4 billion) went to advertising in 2016. In countries and regions that Samsung has penetrated, it undertakes promotional activities and carries out extensive advertising to sustain market share and brand image.
References
Dospinescu, N., & Florea, D. B. (2016). Smartphone brands design and buying decision. Ecoforum, 5(1), 139-150.
In August 2016, several Samsung Galaxy Note 7 Smartphones were reported to explode. The manufacturer called upon its engineers hurriedly to diagnose the source of the problem. The initial report pointed to a fault in batteries procured from one of the suppliers. This led to a recall of these smartphones and continued shipping of the same mobile device with batteries from a different supplier [1]. However, the issue surfaced again with reports of the new replacements also exploding, prompting the company to halt the entire Samsung Galaxy Note 7 production. The failure, subsequent recall, and the complete halt of the Galaxy Note 7 production have had social and legal ramifications.
This Samsung Galaxy Note 7 Failure case study aims to analyze the issue, its history, and the aftermath, including the crisis management and the discovered reasons behind the battery explosion.
Background
Smartphones have very advanced computing capabilities, such as high-definition cameras, media players, sensors, GPS navigation units, accelerometers, and gyroscopes, among other features. For most Smartphones, an Android operating system is used. The features need to be supported by stable memory, batteries with the correct power output, an efficient power system, and a good shell to operate efficiently. The risk of failure of Smartphones is mainly in the memory access violation and mobile phone hardware such as the batteries and the shell [2]. Overall, studies on the failure of Smartphones have pointed to two major types of failures, i.e., accidental or malfunction of the software or Android. For this report, the focus is on the hardware or software malfunction.
Samsung Galaxy Note 7 Failure
The explosion of the Samsung Galaxy Note 7 resulted in the recall of the phones [1]. The phones that were overheating were analyzed to establish the causes of the explosion. The techniques employed for the analysis were Failure Mode and Effect Analysis (FMEA). This entails a critical analysis of the entire lifecycle of a product. It analyzes the specifications of the design, operation, and maintenance by establishing the system functions, identification of the failure modes in the system, and functions which then determine the effects and possible causes [3]. The analysis covers both the software and hardware functionalities.
The FMEA is used by engineers in the design stages of a product or post-analysis in the case of issues arising. The initial FMEA conducted after the failure was hardware FMEA. This is a straightforward analysis guided by the understanding that mechanical, electronic, and electrical failures happen due to some issues, such as unanticipated stress, overload, and faulty wiring. The analysis by the engineers concluded that lithium-ion batteries from one of the suppliers had a fault. Part of the battery’s inside was coiled incorrectly, causing stress to the battery.
By performing critical risk analysis, the possible malfunction of software or hardware can be established before the product is launched into the market. The critical failure modes can be ascertained by calculating the Risk Priority Numbers (RPN) through brainstorming [2]. This helps to establish the potential areas of failure and the possible degree of damage. As a result, mitigation measures are taken before the product is released to ensure that the risk is contained.
It is thus paramount that Samsung should have carried out a thorough risk analysis for all the hardware and software from the suppliers before launching the product. Also, after the recall, the analysis was hurriedly carried out; hence, the conclusion that the failure was from a battery procured from a particular manufacturer was theorized rather than being scientifically proven with quantifiable data.
Figure 1: FMEA Process.
Discussion on Samsung Note 7 Failure
The failure of Samsung’s Galaxy Note 7 has had enormous financial implications. It is estimated that it may lead to a revenue loss of over $ 5 billion. Even though the company could easily deal with the loss of income, the failure has great social and legal ramifications. For instance, the failure has already attracted class-action lawsuits against the company, which touch on how the recall and replacement were carried out.
Also, there is a high likelihood of lawsuits that relate to the damages and injuries caused by the explosions. These lawsuits will affect the consumer perception of Samsung’s Smartphones. For example, the Google search for ‘Samsung Explosion’ spiked in August and September despite the recall being only for Galaxy Note 7. The failure has also had social implications for Samsung phone users. Some airlines in the U.S. do not allow passengers to use any Samsung phone onboard their planes.
Conclusions
The failure of any product leads to unintended consequences for the manufacturer and the consumers. Even though investigations are still ongoing to establish the exact cause of the Samsung Note 7 explosions, Samsung’s engineers need to give more care to the materials used to develop the software and hardware of its Smartphones. Also, there should be a critical risk analysis in which an RPN for each possible failure mode is calculated before a product is released to the market. This will ensure that parameters with high-risk factors are properly investigated, and risk reduction measures are taken in advance.
References
B. Chen and C. Sang-Hun, “Why Samsung Abandoned Its Galaxy Note 7 Flagship Phone”, The New YorK Times, 2016.
K. Krishnakanth and P. Kavipriya, “Android application development for environment monitoring using Smartphones”, International journal of Mobile Network Communications & Telematics, vol. 3, no. 3, pp. 41-45, 2013.
S. Malek, R. Roshandel, D. Kilgore and I. Elhag, “Improving the reliability of mobile software systems through continuous analysis and proactive reconfiguration,” Proceedings of the 31st International Conference on Software Engineering-Companion Volume. ICSE-Companion 2009. Vancouver, BC, Canada, pp. 275-278, 2009.
The fast-paced development observed in the present-day market compels organizations to introduce innovative products and solutions regularly in order to keep traction in the global market. In his recent review of the Samsung Galaxy S22 Ultra, Amadeo specifies that the device features several innovative solutions to minor issues, yet the general impression of the phone is that it represents continuity in its form and function with the previous Samsung Galaxy smartphones (Amadeo). Criticizing the new product for several issues, such as the continuous problems with the pen, Amadeo still concludes that the specified product is an improvement compared to the previous version.
The review offered by Amadeo has several implications not only for the world of technology but also for business. Namely, the fact that Samsung continues to address the feedback supplied by its customers indicates that the company is willing to respond to the demands of its target audience and focus on building a loyal customer base (Amadeo). Moreover, focusing on refining the product instead of foraying into the hasty development of innovative solutions and diversification of products indicates that Samsung has found a lucrative niche that it is likely to develop in the future.
Approaching the article from a personal perspective, I will have to say that I agree with the author concerning his overview of Samsung’s new product. Although the described step could be seen as a weak move from Samsung, given the intensity of the rivalry in the market, it still indicates that the company is confident in its ability to hold its place in the global market. Therefore, even though the design and functions of the smartphone could use further improvements, it is an important step toward conquering the global market.
Work Cited
Amadeo, Ron. “Samsung Galaxy S22 Ultra Review: The Slab Phone Retirement Plan.” Ars Technica, 2022, Web.
What are the style (the abbreviated party names) and the legal citation for your case?
White v. Samsung Inc., 989 F.2d 1512, 1993 U.S. App (9th Cir. 1992) (White).
What is the system and level of the “instant court?”
Federal appeals.
Who wrote the opinion in your case?
Goodwin, Senior Circuit Judge.
Summarize in your own words the facts that led to the legal conflict in your case.
David Deutsch Associate, Inc. created a series of advertisements on behalf of Samsung Electronics America, Inc., that depicted Samsung products as still in use and popular in caricature versions of the futuristic 21st century. One of these ads depicted a humanoid robot dressed and attired in a way that resembled the plaintiff Vanna White, who operated a game show also similar to the game show “Wheel of Fortune,” which Vanna White is famous for. White was not contacted about this ad, and no permission was asked to use her likeness. She responded by suing the companies for using her likeness without her permission.
What is the legal history of this case?
The cause of the action was the unauthorized use of the nationwide-known American television personality and film actress Vanna White’s likeness for advertising purposes, without the plaintiff’s consent and without her being paid like the other celebrities who participated in the campaign.
The case originated in the federal district court, where Vanna White sued the defendants according to the California Civil Code Section 3344, which demands financial compensation for the knowing usage of a different person’s likeness or recognizable traits for commercial purposes without their consent, the California common law right of publicity, which protects a person’s name, voice, signature, photograph or likeness from being used for exploitative purposes, and finally the Lanham Act, which deals with trademark infringement. However, the lower court passed summary judgment against all of the plaintiff’s claims and postulated that the image Samsung and Deutsch used was not the plaintiff’s likeness according to the law and that publicity law required the appearance or name to be used for the accusation to be valid. The lower court used the Eastwood v. Superior Court case, where usage of the plaintiff’s name and the photograph was part of the offense, as an example of what constitutes “likeness.” Samsung and Deutsch also stated that the likeness that was present was used as a parody and constituted protected speech.
However, Vanna White believed that the lower court had made a mistake in their judgment, as viewers were expected to connect the image of the robot with that of White, and that this could not be regarded as a spoof (providing a reprieve from the Right of Publicity Claim), since most viewers would be under the impression that White was promoting the product, similar to the other celebrities who were involved with the advertisement. For this reason, she filed an appeal to the United States Court of Appeals.
What are the media law issues presented in the case?
Is the usage of a person’s likeness without consent a violation of their right of publicity?
Recognition of the Government Interest
Competing Interests
Protect Intellectual Property
IP overprotection limits creativity and conflicts with the Freedom of Speech.
When can the use of a “likeness” be defined as parody and fall under protected speech?
Recognition of the Government Interest
Competing Interests
Protect the rights of the creators.
Creates opportunities for exploitation of IP for commercial purposes by presenting it as a parody.
What can be defined as the “likeness” of a person?
Recognition of the Government Interest
Competing Interests
Determine the extent of the area of the law’s influence.
It makes it further unclear what does and does not constitute Fair Use and limits the use of popular culture.
What was the legal outcome of the media law issues?
Under the Civil Code Section 3344, Samsung and Deutsch would have to compensate damages that are the result of the use of the plaintiff’s “name, voice, signature, photograph, or likeness in any manner,” for commercial purposes and without the plaintiff’s prior consent. To win this part of the charges, Vann White would need to prove that her likeness was used.
Over the course of the trial, the court referred to the Midler v. Ford case, in which the court declined charges of the use of Better Midler “sound-alike” to sing a song the latter made famous. It was concluded that “likeness” refers to a visual image and not an imitation, vocal or otherwise.
As a result, it was decided that the image of a robot does not constitute the “likeness” of the plaintiff within the definition of the discussed section of the Civil Code.
A much more complicated issue was the matter of White’s right of publicity. The decision of the original trial was contested on the basis that the common law right of publicity is not limited in its definition by the name or likeness of the plaintiff.
It was argued that in the Eastwood case, which was used as a retort to the original claim, the case did not take into account that, according to Prosser, it is possible to appropriate a persons’ identity without using their name or appearance, and that such actions would constitute an invitation of their privacy. The idea discussed by Prosser was further reinforced by the Motschenbacher v. Reynolds Tobacco and Carson v. Here’s Johnny Portable Toilet, Inc., which showed that the identities of the plaintiffs could be exploited without directly showing their likeness or mentioning their names and that the focus of the court case should be not on whether specific means of identity appropriation were used, but on whether the act itself can be proven to have happened.
Under these conditions, the court has agreed that the image Samsung and Deutsch have created for their ad may not have been a likeness of Vanna White but was designed to exploit her public image for commercial benefit without her permission, which was further reinforced by the companies referring to the add as the “Vanna White” ad. This implied understanding of the issue and further supported the court’s decision that the district court was mistaken in its original evaluation of White’s claim.
White’s last argument hinged on the Lanham Act, which positioned that any person or company using false description or representation of a person to support goods or services was liable to civil action and could be forced to refund damages caused by their actions.
While the companies defended their position by claiming the image used in the ad to be a parody and thus protected under the First Amendment, White needed to prove that the ad could, on purpose or accidentally, create confusion among the audience that she was endorsing Samsung products.
To determine the likelihood of such a confusion, the 9th circuit conducted an investigation, which studied how recognizable and “strong” was White’s own image, how similar it was to that used by Samsung, whether White could be associated with Samsung’s goods, whether there was evidence or the possibility of such confusion by the audience to the nature of the character, what marketing channels are used, whether there was an intention by the defendant to use the plaintiff’s image, and whether the use of the image benefited the defendants commercially.
By studying these factors, the court determined that there had indeed in this situation the use of White’s image was intentional and carried a commercial nature, which meant that it couldn’t be classified as a parody and cause damage to White. Again, this meant that the decision of the lower court was overturned in favor of the plaintiff.
On the basis of these facts, the court satisfied the appeal.
Were there any dissents? Who wrote them, and what did they say?
The case was concluded with the dissent by Alarcon, the Circuit Judge.
He agreed with the general decision with the appeal court that the robot used in the ad was not a likeness of Vanna White but disagreed with the majority’s opinion on White’s right to publicity claim.
He said that he did not agree that Vanna White’s “identity” was appropriated. To support his opinion, he referred to the same Eastwood v. Superior Court case that was used by the district court and again reaffirmed the opinion that the name of the likeness needed to be appropriated to validate the publicity claim. He supported this assertion with a number of prior cases that discussed the appropriation of these traits for commercial profit by the defendant and with the fact that at the time that Prosser made the claim that was used in the court, no cases of the discussed nature existed.
Alarcon’s principle argument postulates that while the California Common Law was permissive of new interpretations of identity appropriation, no such cases had been reported prior. He asserted that the traits which Samsung and Deutsch used were not unique to Vanna White but were rather part of the role she played on television, which does not constitute Vanna White’s identity. And the decorations of the game show, which might have been associated with Vanna White due to her being its hostess, are also not a part of her identity. He also declined the fact that Samsung recognizes Vanna White’s value as a product endorser as a possible motive for them using her identity.
In the end, he agreed the image used by Samsung was reminiscent of Vanna White but stated that this was because her image as a hostess has become so integrated into the pop-culture.
He also disagreed with the court’s decision on the Lanham Act and stated that since the plaintiff and the robot used in the ad couldn’t be reasonably mistaken for one another, and that is was clear that Vanna White was not endorsing the discussed product, and that Samsung had no intention to induce such confusion.
Finally, he disagreed with the majority’s opinion that the addition could not be classified as parody due to its commercial use and noted how, if this approach was enforced in other cases, many advertisements created as a response to their completion would seize to exist, and the companies creating them could be brought to court for damages simply for creating a facsimile of a different product.
What kind of law (statutory, administrative, case, and constitutional) is at issue in this case?
This case referred to a number of different laws to support the plaintiff’s claim and to protect the defendant’s interests.
The defendants attempted to use constitutional law by referring to the First Amendment and claiming their work to have been a parody.
In turn, the plaintiff relied on statutory laws Section 3344 of the Civil Code, the Californian common law right of publicity, and the Lanham (Trademark) Act, which she claimed Samsung and Deutsch violated by suing to create their add and using her image as a popular hostess of a game show to achieve commercial profit.
Express your opinion of the court’s opinion. Do you agree or disagree with the court’s opinion? Why?
I fully agree with the court’s decision on the appeal. While it is clear that Vanna White possesses certain marketable features that can be used to attract additional customers, this aspect of the case is not covered under Section 3344, which is quite specific in terms of what constitutes using somebody’s likeness for the benefit, and the case made by White does not conform to these terms. To successfully win the argument about the use of her likeness, she would need to show the court that the robot that Samsung and Deutsch used in the ad had the identical appearance to White, in the same what a photograph does.
Therefore, the district court was correct in dismissing this claim.
However, the lower courts were erroneous in their decisions on the Right of Publicity and the Lanham Act.
The image that Vanna White created for the game show is a large part of her appeal to the customer base and is what differentiates her from other game show hosts, whom Circuit Judge Alarcon in his dissent. What is important here is not that the style is imitated by other hosts but that its commercial value lies in its association with the plaintiff, and that, despite the presence of other hosts, the robot would be associated with Vanna White. This is the result of her craft as a celebrity and needs to be recognized as such, something that Judge Alarcon did not agree with as well, based on his remarks about the role of the host being unrelated to White’s skills as an individual. The defendants themselves used the name “Vanna White ad,” which shows that they associated the image they created with a specific person, recognized the possibility that the customers might do the same, and use her perceived authority and appeal as a television host to market TV-related goods. Again, Judge Alarcon did not address these defendants’ words.
While it is true that overprotection of intellectual property can have severe drawbacks and put limitations on the creativity of the media, it is also true that a company should not be able to benefit at the expense of a personal image constructed by a celebrity without their agreement.
It is my opinion that resolving a case solely on precedents is limiting to the US legislative system, and the opinions expressed by Judge Alarcon is his dissent on how it skews the perception of the case. It is a positive development that the appeal looked at the claims raised by the plaintiff in their own context, as well as by comparing them to previous cases.
Chosen Service: Net-A-Porter, an online luxury fashion retailer (Net-A-Porter 2013).
Target Audience: Online female customers, 18-55 years old. These women belong to the middle and upper-middle social classes, the customers are employed, and they have little time for shopping. The potential and existing female customers pay much attention to their look and appearance. The proposed piece is the 1-page advertisement which can be published in the magazines for women.
Visuals: The provided visual is the high-quality photograph. The young woman worn the luxurious evening dress, a hat with feathers, and long gloves is depicted lying on a white sofa and looking directly into the lens. The woman is smiling. The colors and tones of the dress, hat, and gloves are purple.
The background is dark, with the focus on using dark-red and dark-purple colours, but it is possible to notice the elements of luxury in the room’s interior. On the right, there is a window. The white snow can be observed through the window.
It is also possible to notice a laptop on the low table near the sofa because this modern laptop disharmonises with the whole picture and its style. The company’s logo is in the upper left corner of the page; the headline is centred on the page top. The body copy is presented in columns at the foot of the page.
Copy: Headline: “Luxury is the must-have for your winter”.
Body copy: “Net-A-Porter is the world-leading online fashion retailer which makes your days full of comfort and luxury because it is the first online retailer which combines the elements of luxury with the idea of comfort for women.
Serving for women’s interests in the industry more than ten years, we know what women want to emphasise their elegance and to save their time. While visiting the Net-A-Porter website, the world of style and high fashion becomes closer, and luxury becomes your must-have with one click. Take a chance to make your winter warmer and more luxurious!”
Explanation of Persuasive Techniques: The persuasive character of the piece is based on appealing to the target audience’s emotions. Thus, the main rhetoric appeal used in this form of the marketing communication is the pathos. The advertisement is effective to influence the female desire to receive the access to luxury in relation to fashion and style.
The visual serves to develop the image of a successful woman for whom luxury related to clothing and style is something usual and available with the help of the Internet resources. The contrast in presenting the luxurious interior and dress along with the modern laptop emphasises the idea of the fashion’s availability for each woman with the help of one click, as it is accentuated in the body copy.
The observed contrast adds to appealing to the female customers’ emotions because they are expected to choose the online retailer as their source for high fashion items. The representatives of the target audience are expected to become interested in the high-quality photograph and to determine the connections between the idea of luxury and Net-A-Porter as the online luxury fashion retailer (Dahlen, Lange, & Smith 2010, p. 103).
The next step to affect the target audience’s behaviour is the manipulation of the notions typical for the fashion industry and observed in the magazines to develop associations. Thus, the headline states that “Luxury is the must-have for your winter”.
‘The must-have’ is associated with items which are discussed as fashionable during the certain season. The headline uses the pathos to appeal to the women’s emotions and to make them believe that ‘luxury’ available with the help of Net-A-Porter resources is rather fashionable and popular during this winter.
The combination of the pathos, ethos, and logos appeals is observed in the body copy of the advertisement. The logos and ethos appeals are used together to support each other in such a sentence as “Serving for women’s interests in the industry more than ten years, we know what women want to emphasise their elegance and to save their time”.
The appeal to credibility depends on describing the company’s experience with the help of providing the years of working within the industry. Moreover, this appeal serves as the argument for the next part of the sentence to appeal to the reason and logic. Thus, the company has the great experience in the industry and can satisfy the women’s needs appropriately.
The phrase that “we know what women want to emphasise their elegance and to save their time” sounds confidently and assertively while contributing to the idea of the company’s credibility and expertise in relation to retailing high-quality products online.
The open call to action based on the pathos is provided in the final sentence where the potential customers are asked to take a chance and make their winter warmer and more luxurious with references to the central idea of combining luxury and comfort aspects.
Piece Two
Chosen Service: Samsung (Smart TV) (Samsung Smart TV 2013).
Target Audience: The existing customers who choose Samsung technologies and potential female and male customers who orient to choosing innovation, 21-50 years old. The customers are interested in new technologies and innovations in the sphere of television and Internet.
The customers are also interested in Samsung products and the company’s research and development’s base. The proposed piece is the street billboard which can be copied as the advertisement for newspapers and magazines.
Visuals: The background of the billboard is the cosmic space with sparkling stars and vivid meteors presented in dark-blue tones. The logo of the company is provided in the upper left corner. The headline is provided in bold caps at the top of the page.
The body copy is presented in a bullet form at the foot of the page, on the left. Multiple colourful images of modern TV sets are depicted as making a powerful space hopper. The image is located at the center of the billboard.
Copy: Headline: “Power is in smartness: Widening the horizons with Samsung Smart TV”.
Body copy:
“- Samsung Smart TV is the new remarkable stage in the development of television and Internet technologies.
Samsung Smart TV is based on knowledge and innovation.
Samsung Smart TV is the source of power for you.
Samsung Smart TV is your opportunity to widen the horizons and focus on new perspectives”.
Explanation of Persuasive Techniques: The billboard works to persuade the target audience to choose Samsung products because the message is based on the AIDCA principle.
The target audience consisting of men and women of 21-50 years old is expected to pay attention to the large and rather vivid billboard with the well-known company’s logo and bright image demonstrating the space hopper. The attention to the image of the space hopper made from TV sets using Samsung Smart TV is based on its unrealistic character.
The next stage to persuade the target audience is in evoking the interest to the product. The headline works to provoke the customers’ interest with references to the ideas of power, smartness, and widened horizons.
These concepts are closely associated with the people’s interests, needs, and desires. At this stage, the advertisement depends on the pathos because of appealing to the customers’ emotions and desires to become smarter, more powerful, and to learn more without being restricted by external forces.
Furthermore, the target audience becomes more convinced that Samsung technologies can provide people with extreme opportunities in relation to power, knowledge, and smartness because the word ‘smartness’ is associated with the technologies’ name, Samsung Smart TV.
This stylistic tautology serves to emphasise the meaning of Samsung Smart TV for creating the customers’ knowledge base and for widening their horizons with the help of these technologies.
According to the AIDCA principle, the next stages are the stimulation of the customers’ desire to purchase the product and the call to action. Following the format of the billboard, the body copy information is provided in the bullet form in order to draw the target audience’s attention to the most important benefits and advantages of the product.
In this case, the repetition of the product’s name at the beginning of the sentences as the anaphora also serves to draw the audience’s attention to the list of product’s advantages.
The ideas listed in the bullet form reflect the idea presented in the headline while intensifying the persuasive effect (Yadin 2001, p. 38-42). From this point, all the rhetorical devices and communication techniques are combined to capture the attention and to produce the strong effect on the target audience.
Reference List
Dahlen, M, Lange, F, & Smith, T 2010, Marketing communications: a brand narrative approach, John Wiley & Sons, USA.
February 17, 2015 was the World Pancake Day, and thus a number of organizations took the day to advertise their brands. However, Samsung carried the day. The campaign aimed at familiarizing its customers with different brands because hostility on any product could be converted into sympathy.
The self-doubters would accept the company and its products. Social media has massive following, and thus millions of potential clients would be reached via this advertisement.
Objectives
The Samsung’s campaign aimed at achieving three main objectives that can be evaluated using the SMART approach.
Objective 1: make everyone be involved with your brand in a unique way
Make popular celebrities associate with your products together with your Twitter followers. This way, with your potential customers identifying with their popular celebrities, they would also identify with your products.
It also unifies everyone involved from stakeholder to customers and the employees, as there is power in unity.
Objective 2: Increase sales
With every commercial campaign, there is always the need to increase the number of sales, and this assertion was true in this case. The huge number of potential customers that would be reached via this platform means that a certain percentage would end up choosing Samsung as a brand. In turn, this aspect would improve the company’s market share as more customers start purchasing its products.
The company has a set period of operating the business campaign of one day and it cannot be decided whether the objectives serve the short-term or the long-term objectives.
Objective 3: To reach social media fans and especially Twitter
This aspect could have been approached from a total percentage expected, as it will present a more realistic case scenario.
Strategy
The campaign was more of creating a buzz in the social media that would have everyone talking about and participating in large numbers. Social media has become one of the most powerful marketing tools due to the ever-increasing audience.
Currently, the total number of social media users is close to 2 billion people, with Twitter having a market share of 288 million users. Therefore, this strategy would reach many potential clients at minimal marketing budget. The following strategy outlines how it was done:
The company was able to make Pancake portraits of popular celebrities on Twitter. The fans were asked to send their pictures, which were then made into pancake forms and later retweeted for everyone to see.
Winners were selected after which their pictures were recreated using the pancakes before being posted via Twitter for the world to see.
In addition, the company decided to extend the releasing of pictures of some of the most famous people across the world after they had appeared on a certain TV show that day. This aspect captured the attention of the fans as they identified with celebrities, which is good for business.
The campaign strategy was a success as it received numerous appraisals from many celebrities and fans for the company’s different products. It captured the theme of the day and made the best out of it. The campaign captured all the Four DRIP elements, viz.
Differentiates – involving the public in the marketing procedures was a success. This approach stands out of the rest because in most cases, some selected individuals are involved in the marketing program. However, in this case, the public was allowed to participate.
Reassures – the campaign approach targeted both potential customers and their customers with the aid of Twitter. All parties enjoyed the fun created by the pancake pictures and video portraits.
Informs – the company used Twitter to inform the public of its ongoing project and brands. By creating a captivating campaign that attracted and reached millions of people, Samsung stood a good chance of letting the world know of its products.
Persuades- it was in a position to tune the pubic into some amicable fun while at the same time marketing products.
The most important customers who have the power to buy their products were reached through the fun induced by the pancake portraits, thus improving sales. All customers available on Twitter were able to receive the message. The timing was also on target, as many people tend to be online during holidays and special days to access discounts and other giveaways.
Tactics Employed
Media – the company was able to use social media, and particularly Twitter, to market its product. This aspect put it ahead of competition and engaged many public consumers. This strategy was also cost effective.
Electronic – By using Twitter and Television, the company was able to reach the global market in a single day.
The campaign was a success and it was made possible by the company engaging all the involved parties. It all started with producing picture portraits, which created fun then the marketing of products came naturally. The use of social media was ideal for the task on top of being cost effective.
What could have made the campaign even better?
The idea of using Twitter to pass the message was ingenious, but it would have been more success if the company used all social media platforms such as Facebook and Instagram among others because not all people are on Twitter. Sometimes, individuals tend to use only one social medium, and thus using all the social mediums to do the campaigns would be successful, as it would have reached more customers.
The company should also have run the campaign for a little longer as opposed to one-day event. Campaigning on special days makes some customers to start judging the brand’s credibility. Overall, the company did a good job.
Many people received the campaign positively. In addition, the campaign became more interesting when it received several endorsements from celebrities. Almost everyone that saw the campaign was satisfied and left a positive feedback that the company can derive satisfaction.
Conclusion
The campaign was undoubtedly a success and it brought forth unique creativity and innovation that captured the eyes of the public across the world. The public was engaged in a one-day fun that involved posting commentary via Twitter. In addition, the public was amused not only to see their celebrities in the pancake portraits, but also themselves being tweeted.
Credited must be given to the Samsung Company for the perfect campaign. The use of social media also ensured that they reached out to a number of youthful customers who are the ideal candidates for their products. The only shortcoming is that the company chose to use Twitter only instead of using all the available social media platforms.
