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Don Marketing

UP TO SCRATCH

John Donovan, managing director of Don Marketing, an agency specialising in promotional games, says he has supplied more than a billion game pieces without any problems. He counts Shell's Make Money game (said to have raised sales by 25%) and the Great Guinness Challenge (which boosted sales by 30%) among his biggest successes.

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SHELL STOLE INTELLECTUAL PROPERTY, ALLEGES DON

Don evolved Shell's legendary 'Make Money' promo back in 1984 (still the benchmark by which the success of forecourt promotions is measured) and the relationship between the two companies - now sadly soured - spans thirteen years.

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DON MARKETING STEPS-UP ITS ATTACK ON SHELL

Don then formed a Shell Corporate Conscience Pressure Group and mailed Shell dealers and institutional shareholders accusing the oil giant of a cover-up involving a "flawed promotion".

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Shell is back making money

Shell's retail advertising and services manager Mike Beach: 'We could not find anything better, and we finally accepted the argument Don Marketing had originally put to us in its favour as much as two-and-a-half years ago.'

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Chambers’ move in promotional games

Last summer's Great Guinness Challenge, recently nominated for an ISP award, was developed by Don Marketing and was' coordinated by Chambers at ABM. This promotion is believed to have increased sales of draught Guinness by up to 30 per cent in the 22,000 participating pubs and clubs. The current 'Pint Size Guinness Book of Records' promotion was the result of a similar successful link-up.

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Don Marketing Bottle Label Game: CINZANO INSTANT ROULETTE

CINZANO drinkers could be in for a bonanza this Christmas in a £100,000 prize promotion. A breakthrough, by promotional games specialist, Don Marketing, has created what is claimed to be the first ever scratchcard competition to appear on a bottle label.

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The legal dispute between Shell and Don Marketing… has become a public feud

The legal dispute between Shell and Don Marketing over the origin of two promotions has become a public feud, with both sides adopting hardline positions.

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Shell seeks guarantee over costs in Don case

"Shell is doing all it can to stop these cases coming to court and using its financial weight against a small firm," says Don managing director John Donovan.

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ROYAL DUTCH SHELL TRACK RECORD IN LEGAL PROCEEDINGS WITH THE DONOVAN’S

At the commencement of the mediation, Shell Legal Director, Richard Wiseman, grandly announced that he had been asked to apologise to us on behalf of Shell UK’s board of directors for the way we had been treated.

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Donovan issues Shell libel writ

Promotions & Incentive Magazine: Donovan issues Shell libel writ

May 1995

Picture Caption: Shell: stands by statement 

Don Marketing founder, Alfred Donovan has issued a High Court writ for libel against Shell UK after it failed to retract a press statement of March 17 of this year (P&I April ’95).

A spokesperson for Shell said, “Shell intends to see matters through in court.”

Don Marketing’s separate legal action over Shell’s Now Showing and Nintendo promotions can now proceed after a Royal Courts of Justice judge ruled that £10,000 would provide adequate security against costs for the discovery stage of the case. read more

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Pressure group to target Shell

Mr Donovan senior said that he felt compelled to set up the pressure group after his son found it necessary to issue High Court writs to Shell.

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Marketing Week: Don claims first round in Shell libel action

Shell UK was ordered to pay costs for a preliminary hearing at the High Court which took place earlier this week. The libel case will be heard before a jury and Don Marketing will have the power to subpoena top Shell UK management, including chairman Chris Fay, to give evidence.

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Irate Don hits Shell investors

Don has issued three high court writs and county court proceedings against Shell, alleging the wrongful use of retail promotions developed by Don Marketing.

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Shell fails to block agency’s legal action

Shell, it has been claimed, has failed to block a legal action mounted against it by one of its sales promotions agencies, writes Jonathan Bracey-Gibbon. The claim was made by sales promotion agency, Don Marketing...

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Incentive Today EDITORIAL: SHELL SHOCK

The claim, for £350,000, is being made against Shell UK by Don Marketing, a sales promotion agency which alleges that its client of 13 years has repeatedly used the agency's concepts without permission and sometimes without payment.

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Shell Make Money and Shell Mastermind 1984

The decision to go for a promotional game had been prompted by the persistence of Don Marketing, the Essex based promotional games company, which had, for more than two years, been pressing on Shell the potential of a game to boost sales. Any doubts that Shell may have harboured about the popularity of the game with motorists were quickly dispelled when the promotion received massive press and television publicity, and sales at many petrol stations soared by more than 25%.

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Shell action abandoned

Forecourt Trader: Shell action abandoned

August 1999

The long-running and acrimonious dispute between Shell UK and sales promotion agency Don Marketing has ended following a statement released by both parties last month. The dispute centred on Don Marketing’s claim that Shell stole its idea for the Smart loyalty scheme. John Donovan, managing director of Don Marketing, took legal action against Shell claiming breach of contract and misuse of confidential information. Shell counter-sued him for breach of confidentiality. read more

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Incentive Today: Don and Shell end Smart row

Article being added to our Online Archive

 Incentive Today: Don and Shell end Smart row

July-August 1999

After a bitter six year legal battle with Shell UK John Donovan has abandoned his claim against Shell UK. Donovan alleged that Shell stole his ideas for the Shell Smart loyalty scheme and initiated court proceedings in 1993.

Both parties issued a joint statement saying, “John Donovan has abandoned his claim against Shell in relation to the Shell’s Smart loyalty scheme. He has acknowledged that these claims are without foundation and should not have been brought. read more

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Oil giant stole my promotion idea, alleges businessman

OIL-giant Shell's successful Smart card customer loyalty scheme was "pinched" from a confidential idea put forward by the man behind many of its earlier promotions, a High Court judge heard yesterday.

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Shell faces court battle on its Smart scheme

Shell will this week defend a multi-million-pound law suit from sales promotion agency Don Marketing, which claims Shell stole its idea for the Smart loyalty scheme.

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Sunday Business: Donovan takes Smart case against Shell to court

To highlight his current grievances, Donovan has mounted a high-profile campaign including the creation of an anti-Shell web-site, picketing of Shell HQ and annual meetings. He has also placed ads in the trade press warning Shell Smart partners that they, too, could face legal action.

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DON’T GET MAD GET EVEN

And so to Mr Donovan, director of a marketing company whIch used to think up ideas for Shell. Convinced that some of his ideas seemed to have been adopted by Shell as its own, he started to complain to the company.

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RESEARCH: ENSURING THE RIGHT RESPONSE

The first scratch-card promotion to appear on-pack has been one of the most innovative promotions of the past few years. The game, on the back of a Cinzano bottle label, gave consumers the chance of winning a share of £100,000.

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Daily Telegraph: Donovan’s beef with Shell on-line

Daily Telegraph 11 June 1998

Donovan’s beef with Shell on-line

HIGH court writs have been filed against Shell UK by independent marketing man John Donovan. Through his company, Don Marketing, he claims that in 1989 he was the brains behind Shell’s Smart Card scheme.

Donovan is alleging a breach of confidence and breach of contract and has also filed a separate writ for libel. He is talking of “multi-million pound” damages.

Suffolk-based Donovan is publicising his gripes on two elaborate and colourful internet websites, don-marketing. com and shell-shareholders.org. He has also decided to book adverts in the marketing press. read more

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Marketing Week: SHELL SMART LEGAL NOTICE

SHELL SMART LEGAL NOTICE read more

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MARKETING WEEK: Shell: Don is more than ‘disgruntled’

MARKETING WEEK MAGAZINE

LETTERS

Shell: Don is more than ‘disgruntled’

Picture Caption: Shell: Don Marketing’s battle over the Smart concept is its fourth High Court action against the UK company

I am writing in response to Alan Mitchell’s article about the key to loyalty card survival (MWMay 14).

He mentioned Shell’s aspiration to reach 8 million members within a year “legal battles with disgruntled sales promotion agencies permitting” – a reference to our High Court action against Shell. “Disgruntled” is not the description I would choose. read more

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Marketing Week: ASA dragged into Shell UK Smart battle

Having been caught red-handed stealing our intellectual property, Shell settled by making a substantial payment to us. Frankly we were shocked at the arrogance, lies and subterfuge.

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Shell in legal row

"Any impartial assessment of the evidence would show that the case is indefensible on Shell's part," says Don Marketing managing director John Donovan. "This is a matter of principle. One of the largest companies in the world shouldn't need to steal ideas from promotional agencies.

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Sales Promotion Magazine: Shell in legal row

Sales Promotion Magazine

May 1998

Shell in legal row

SP agency’s claims over Smart Card cause troubled water for oil company

A promotional agency is suing Shell (UK) for allegedly breaching copyright on the concept idea Shell used to create its multipartner Smart Card loyalty scheme.

The allegation follows two previously unpublished out- of-court settlements which were kept secret as part of the agreement reached by the two sides.

The legal dispute between Shell and Don Marketing could delay the card programme even further – its launch was originally planned for the end of last year before partners failed to agree on a date. read more

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Donovan brings new Shell writ

John Donovan, the sales promotion agency managing director who is suing Shell for copyright infringement over its Smart Card loyalty scheme, has served another writ on the oil company, this time for libel.

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Marketing Magazine: Donovan brings new Shell writ

30 April 1998

Marketing Magazine: Donovan brings new Shell writ

John Donovan, the sales promotion agency managing director who is suing Shell for copyright infringement over its Smart Card loyalty scheme, has served another writ on the oil company, this time for libel.

Donovan, whose agency, Don Marketing, has already brought three copyright actions against Shell, is suing over a press statement the oil firm released in response to his latest copyright writ.

Shell responded to the writ, served two weeks ago, by saying it was satisfied that “the claim … is entirely without substance”. read more

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Below-the-line agency Don Marketing is taking Shell to court

Marketing Magazine

23 April 1998

STOP PRESS COLUMN: Below-the-line agency Don Marketing, which is taking Shell to court over the copyright of the Shell Smart Card, is booking full-page ads in newspapers over the next two weekends to alert Shell shareholders to its dispute with the company. The ads will direct people to a specially set-up Web site, on which the agency has posted full details of its claim that Shell stole its ideas for the loyalty scheme.

Don Marketing booking full-page ads to alert Shell shareholders to its dispute with Shell (Original Article) read more

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Shell UK Oil and Don Marketing

Debrief Newsletter

October 1995

Despite meetings between Shell UK Oil and Don Marketing in an attempt to reach settlement in their long-running dispute over alleged theft of promotional concepts (Debrief, 3-63), the parties are agreed on only one point – that the matter should go to court. 

http://www.shellnews.net/PDFs/DebriefNewsletterOctober%201995.pd

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Shell UK Oil and Don Marketing

Debrief Newsletter

October 1995

Despite meetings between Shell UK Oil and Don Marketing in an attempt to reach settlement in their long-running dispute over alleged theft of promotional concepts (Debrief, 3-63), the parties are agreed on only one point – that the matter should go to court. 

http://www.shellnews.net/PDFs/DebriefNewsletterOctober%201995.pd

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Shell has confirmed that its senior management will hold talks with Don Marketing

Shell has confirmed that its senior management will hold talks with Don Marketing to resolve legal actions between the two.

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Shell has confirmed that its senior management will hold talks with Don Marketing

Marketing Magazine

25 May 1995

STOP PRESSShell has confirmed that its senior management will hold talks with Don Marketing to resolve legal actions between the two. Don has issued a libel writ, a high-court action and a small-claims case against Shell in a two-year struggle over two disputed promotions.

Shell has confirmed that its senior management will hold talks with Don Marketing (Original Article)

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Marketing Week Magazine: Shell faces libel action as Don’s founder issues writ

Article added to our Online Archive

Marketing Week Magazine: Shell faces libel action as Don’s founder issues writ

21 April 1995

Alfred Donovan, a founder of sales promotion company Don Marketing and the Shell Corporate Conscience Pressure Group, has issued a writ against Shell UK claiming damages for libel.

This latest twist in the long-running legal wrangle between Don Marketing and Shell comes as the two companies prepare to meet in court over Don’s accusation that Shell used the agency’s ideas in a series of promotions without permission or payment (MW February 24 and March 31). read more

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Forecourt Trader: Shell speaks out over Don

Article being added to our Online Archive

Forecourt Trader: Shell speaks out over Don

April 1995

Shell has broken its vow of silence and issued a strongly-worded statement to defend itself against what it sees as “the growing number of untrue and often offensive allegations being made by Don Marketing”.

Shell is defending legal actions which allege that it wrongfully used two forecourt promotions devised by Don Marketing. Previously, the oil company has remained silent, preferring to “resolve the dispute in the courts which Shell believes is the proper forum for a commercial dispute”. read more

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Don Marketing and oil giant Shell UK’s latest round in their continuing legal battle…

ARTICLE BEING ADDED TO OUR ONLINE ARCHIVE

Marketing Week News 24 February 1995 read more

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Marketing Week: Don Marketing and oil giant Shell UK’s latest round in their continuing legal battle…

ARTICLE BEING ADDED TO OUR ONLINE ARCHIVE

Marketing Week News 24 February 1995 read more

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NOTICE TO SHELL DEALERS!

We have issued a number of High Court Writs against Shell

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NOTICE TO SHELL DEALERS!

Published in Forecourt Trader and Forecourt News February 1995

NOTICE TO SHELL DEALERS!

We have issued a number of High Court Writs against Shell relating to proprietary rights to the following promotions

“MAKE MONEY” “NOW SHOWING”

THE SHELL NINTENDO GAME

If willing to complete a questionnaire which may assist us in our legal actions against Shell UK Ltd, please kindly fill in, detach, and return to us your Station details in the panel below. We will then provide you with confidential background information which you may find quite intriguing.

Issued by:

Don Marketing UK Limited read more

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Debrief: DON MARKETING STEPS-UP ITS ATTACK ON SHELL

Article being added to our Online Archive

Debrief: DON MARKETING STEPS-UP ITS ATTACK ON SHELL

February 1995

IN A SCENARIO that increasingly resembles the rousing Hook Advertising vs Barclays Bank saga, promotional consultancy Don Marketing is piling the pressure on Shell UK Oil in an effort to obtain redress for alleged theft of its intellectual property [Debrief, 2-113].

Don claims Shell used three of its promotional concepts without authorisation or payment and has taken the unusual step of placing a half-page ad in Forecourt Trader asking Shell dealers if they are “willing to complete a questionnaire which may assist us in our legal actions”. read more

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Marketing Week: Don Marketing, the sales promotion company in a legal dispute with Shell UK

Article being added to our Online Archive

Marketing Week 

20 January 1995

Don Marketing, the sales promotion company in a legal dispute with Shell UK, is taking an advertisement in Service Station Magazine. The ad asks for people who are concerned about the ethical conduct of Shell to join a Shell corporate conscience pressure group.

Link to Original Article

http://www.shellnews.net/PDFs/MarketingWeek20January%201995.pdf

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Forecourt Trader Magazine: Promotion wrangle

ARTICLE FROM 1995 ADDED TO OUR ONLINE ARCHIVE

Forecourt Trader Magazine: Promotion wrangle

January 1995

Forecourt Trader uncovers the background to the legal dispute between Shell (UK) Ltd and promotions company Don Marketing UK (Ltd)

A legal dispute between Don Marketing (UK) Ltd and Shell UK (Ltd) is now spilling out into the public arena following the placing of advertisements in the trade press by Don Marketing, requesting information from Shell dealers.

The following is an attempt by Forecourt Trader to uncover the facts behind the dispute – from both sides.

In total, Don Marketing has issued three High Court writs and a County Court proceeding against Shell, alleging wrongful use of retail promotions developed by Don Marketing. Shell has already settled one of the three writs out of court. read more

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Debrief: SHELL STOLE INTELLECTUAL PROPERTY, ALLEGES DON

Article being added to our Online Archive

Debrief: SHELL STOLE INTELLECTUAL PROPERTY, ALLEGES DON

November 1994

SHELL UK OIL is being sued for over £350,000 damages for alleged use of promotional ideas without permission or, in some cases, payment. In a writ issued at the end of September, Bury St Edmunds-based sp consultancy Don Marketing accuses Shell of repeatedly using ideas put to it speculatively and in confidence. Don cites Shell’s July ’94 “Now Showing” promo and a Nintendo promo in 1993 – the latter the subject of a previous writ served last April and settled out of court by Shell for “a substantial sum”. read more

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Incentive Today Editorial: SHELL SHOCK

ARTICLE ADDED TO OUR ONLINE ARCHIVE

Incentive Today EDITORIAL

Nov/Dec 1994

SHELL SHOCK

IT HAD TO HAPPEN – although it would be naive to think that it hasn’t happened before because out-of-count settlements have usually kept the quarrel well out of the industry’s gaze. An agency is to sue its client not, as I say, for the first time, but the issue is one that is close to the heart of all marketing consultancies: the agency claims that the client has stolen (let’s not beat about the bush) promotional concepts which were presented by the agency speculatively and confidentially. read more

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PROMOTIONS & INCENTIVES MAGAZINE: UP TO SCRATCH

Article added to our Online Archive

PROMOTIONS & INCENTIVES: UP TO SCRATCH

JUNE 1993

Picture Caption: Having shelved its Collect & Select promotion, Shell’s 1991 Star Trek scratch card campaign featured the first Star Trek series. It coincided with Star Trek’s 25th anniversary, Paramount launching a new series and BBC screening the original 1979 episodes

EXTRACTS FROM THE ARTICLE

But while there may have been a few disasters, there have also been countless successes. John Donovan, managing director of Don Marketing, an agency specialising in promotional games, says he has supplied more than a billion game pieces without any problems. He counts Shell’s Make Money game (said to have raised sales by 25%) and the Great Guinness Challenge (which boosted sales by 30%) among his biggest successes. read more

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National lottery takes its chances

Promotions & Incentives Magazine: National lottery takes its chances

April 1992

Is a national lottery necessarily a good thing? Or is it too early in the game to predict a result?

A national lottery looks set to make a reappearance in the UK by 1994, after an absence of 166 years. We find out what the experts think.

John Donovan

Managing director, Don Marketing

“Compare this country with California, which is about the same size as Britain, and it gives some indication of the likely effects of a national lottery here. California has had a state lottery for about ten years and there are now more promotional games running than ever before. Another development has been the move by television networks into promotional activity.

“A National Lottery Board would decide who will have the franchise. The Pools Promoters Association must be very much hoping that they’ll be asked to run the national lottery. I think that’s fairly likely – after all they have the existing organisation and public confidence. But lots of US companies that supply electronic equipment in Europe for lotto-style cards have been lobbying as well.” read more

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Will Shell’s intergalactic experiment pay off?

Will Shell’s intergalactic experiment pay off?

Cover story plus coverage on 7 pages with extensive colour piks: Promotions & Incentives Magazine July-August 1991

MAIN ARTICLE

Hang on! I’ve got a new idea… …said Don Marketing when the agency sold Shell its idea for the Star Trek promotion, neatly persuading the oil giant to abandon its catalogue scheme promotions. Case study by Anne-Marie Crawford

“Promotions run in a cyclic mode. With our catalogue scheme we had reached the end of the cycle and run into stalemate,” says Alan McNab, national promotions manager at Shell UK.

Hence, faced with a moribund market, Shell decided to change tack and launch its Star Trek game.

Collect and select schemes, points equal prizes, have long been stalwart forecourt promotions among the leading petrol companies. The familiar catalogues from which consumers choose different items when they have collected a certain number of points are almost synonymous with buying petrol. read more

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