Monday, April 6, 2009

More in the Courts

As I apologized in advance, I have had a very full weekend and starting to try to get back into the swing of things... so thanks to MK honesty a little more in the news...

April 4, 2009 8:28 AM
mkhonesty said...
As related news, the 2nd U.S. Circuit Court of Appeals has reopened the trademark infringement lawsuit against Google for selling trademarks as keywords that trigger ads.


  1. OT: product testing

    I tried 4 eyeshadow samples: Sweet Cream, Granite, Old Gold, and Coal.

    Coal rocks. Basically, it's exactly like MAC carbon: An intense matte black that can be used as shadow, liner, or brow powder...or used wet as cake liner. It does seem to have a bit less "fallout" than the MAC product.

    Sweet Cream: A soft, pretty, matte color, but does not show up on my skin. It blends in so that it's invisible; too close to my natural eyelid color.

    Granite: Good pigmentation, easy blending, but not one I will buy because I look terrible in grays and muted colors. Someone with pinkish skin tones could rock this though.

    Old Gold: High pigmentation, easy blending. Gold with a gray undertone. Same comment regarding grays and my skin.

    Here's the deal with me and browns/neutrals: They need to have a reddish base or a yellow-gold undertone (even just a touch) to work on my skin. Almost anything that tends towards grayish will clash terribly with the greenish undertones in my pale olive skin. (things with bright silvery shimmer are exempted from this.) I don't fit easily into typical skintone classifications (such as the color me beautiful one) because of this olive tint. I just learn from experience what I can/can't wear if I want to look good.

    I'm enjoying the Timewise normal to dry moisturizer. Moisture yes, grease no!

  2. Old Gold??? not a MK shade. Did you mean "Vintage Gold"?

  3. Have you all seen it? MK is advertising on Prime time now not just in the daytime when The View is on and its not recruiting its about the product! They are staying ahead of Avon and Artistry and running more ads. They really want to stay on top!

  4. Thanks mkhonesty - she had me wondering what I had sent her! lol.. somehow I sent her a sample of strike a pose rose lipstick which I must have had left over... so I thought maybe I had goofed again.. vintage, old, antique, guess they all mean the same :)


    I thought you all might want to see this!

  6. Opportunity Knocks for Avon, Mary Kay
    Growing Army of the Self-Employed May Lead to Higher Sales for Both
    By Beth Snyder Bulik

    Published: April 06, 2009

    YORK, Pa. ( -- Avon's calling -- and a lot more people are answering.

    As employment falls, the ranks of at-home sales reps are swelling for cosmetics marketers Avon and Mary Kay. In fact, sales are holding up well for the recession-resistant direct-selling business. According to Amy Robinson, VP-communications for the Direct Selling Association, historically during nonrecession years, the gross domestic product increases about 3.3% and direct sales increase 3.6%. But during a recession, GDP has gone up on average just 0.8%, while direct sales increased 4.5%. Figures for 2008 aren't available yet, but anecdotally that seems to be true this time as well. "People don't stop spending; they just spend differently," Ms. Robinson said.

    Ad Age explores what marketers, media and agencies are doing to survive and even thrive in the downturn.
    In fact, people staying at home more can translate to more in-home parties, an opportunity for door knockers peddling personal-care products, which make up 27.5% of the total industry. Both Mary Kay and Avon are seizing on the trend, figuring more sales representatives will equate to more sales.

    After CEO Andrea Jung appeared on "Good Morning America" about six months ago, the phones "lit up like we'd never seen before," said Geralyn Breig, president of Avon North America. Obviously people were interested in the potential of selling Avon, and it was up to the company to "be loud about the fact that Avon could be an opportunity," she said.

    The push has included a pre-game Super Bowl 30-second ad featuring real Avon reps talking about their jobs. Tapping economic themes, the reps comments include: "It's just a great way to earn extra money" and "I can't get fired. I can't get laid off. It's my business." A similar 60-second spot that began in late March got almost as many calls as the Super Bowl ad, Ms. Breig said, and online lead generation is up 92% year over year in inquiries about becoming a representative.

    'Boldest recruiting drive'
    "We've applied a 360-degree integrated approach to our recruiting marketing, the same way we would market a beauty product," Ms. Breig said. "We've always done recruiting, but it wasn't done in the same way. It's our boldest recruiting drive ever."

    Avon would not disclose how many new reps the campaign has drawn, but according to its public filings, number of "active representatives" increased 7% in 2008, and revenue rose 8% to $10.7 billion.

    Mary Kay's new push is also a first for the privately held company. In fact, "Opportunity" is the first TV recruiting campaign in the 46-year-old company's history. The ad features stylish, independent women with a voice-over that intones: "Discover a part-time choice that can lead to independence. ... Earn extra money. Be your own boss. Need this now? Discover for yourself at"

    The ad, with a 25-to-34-year-old-female target, began in early March and, along with a revamped online site and rep promotions, resulted in a 108% increase in visits to the "Sell Mary Kay" section of its website in the first three days. With the success, Mary Kay has extended its $100 incentive program for new reps into April. The company does not disclose sales, but Chief Marketing Officer Rhonda Shasteen said Mary Kay posted a "record year" in 2008.

    I had to copy the article the link didnt work.

  7. More about Trademarks ...

    Over on PT, Tracy is complaining that Mary Kay Inc has allegedly purchased keyword advertising the includes the words "pinktruth" and "pink truth". She then complains that MK Inc's legal argument against Touch of Pink (the Webers) is based on hypocrisy, because of the first statement above.

    She conveniently skips the step about trademarks. I just checked the US Patent Office Trademark Electronic Search System (TESS) and guess what? Neither "pinktruth" nor "pink truth" are registered trademarks.
    So there is nothing for MK Inc to infringe upon.

  8. yeah vintage. I'm at work so I have to rely on memory because I can't check the sample cards.

    the strike a pose rose is a full size lipstick.


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First Post - Why I Started This Blog
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