Shell has settled out of court with John Donovan…

Posted on July 28, 1999 by John Donovan.
Categories: Archive, John Donovan, Litigation, Royal Dutch Shell.

Shell has settled a law suit out of court with John Donovan, marketing director of sales promotion agency Don Marketing…

Click to continue reading “Shell has settled out of court with John Donovan…”

Shell has settled out of court with John Donovan…

Posted on by John Donovan.
Categories: Don Marketing, John Donovan, Litigation.

Shell has settled out of court with John Donovan…

Marketing Magazine

STOP PRESS Column 28 July 1999

Shell has settled a law suit out of court with John Donovan, marketing director of sales promotion agency Don Marketing, after he abandoned his claim that Shell had stolen the idea for its Smart loyalty scheme from his agency (Marketing, June 10). The case began at the High Court on June 12. Shell and Donovan both refused to comment.

Original Article…

http://www.shellnews.net/PDFs/MarketingP28July1999.pdf

Shell claim is settled

Posted on July 9, 1999 by John Donovan.
Categories: Archive, John Donovan, Litigation, Royal Dutch Shell.

John Donovan, 52, was suing Shell claiming the company stole his ideas and turned them into its successful Smart Card loyalty scheme.

Click to continue reading “Shell claim is settled”

Bury Free Press: Shell claim is settled

Shell claim is settled: Bury Free Press 9 July 1999

BURY FREE PRESS

Friday, July 9, 1999

Shell claim is settled

A DAVID and Goliath battle between a Bury St Edmunds businessman and oil giant Shell has ended in stalemate after both sides agreed an out-of-court settlement.

John Donovan, 52, was suing Shell claiming the company stole his ideas and turned them into its successful Smart Card loyalty scheme.

Shell denied the allegation and made a counter claim against Mr Donovan, alleging his company, Don Marketing, breached a confidentiality agreement.

On Tuesday, after days of battling it out in the HIgh Court, both sides agreed to the action being dismissed.

A joint statement issued afterwards said Mr Donovan bad abandoned his claim against Shell along with related libel proceedings.

“He acknowledged that these claims are without foundation and should not have been brought,” it said.

The statement added that Mr Donovan, who has lived in Bradfield Combust for 12 years, had withdrawn all allegations of impropriety against Shell or against its employees in connection with the proceedings and had agreed not to repeat them in any manner.

Shell said it acknowledged that the proceedings were brought in good faith and it also withdrew all allegations of impropriety.

Original Article

http://www.shellnews.net/PDFs/BuryFP9July1999.pdf

Don ends legal proceedings against Shell UK

Posted on July 8, 1999 by John Donovan.
Categories: Archive, John Donovan, Litigation, Royal Dutch Shell, Shell.

Donovan first sued Shell in 1993 over allegations that the oil company and forecourt retailer stole his ideas for a number of sales promotions. Three of the claims were settled out of court.

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Don ends legal proceedings against Shell UK

Posted on by John Donovan.
Categories: Uncategorized.

Don ends legal proceedings against Shell UK

By David Benady

8 July 1999

The six-year legal battle between oil giant Shell UK and sales promotion company Don Marketing has finally been settled.

John Donovan, owner of Don Marketing, yesterday dropped his High Court action against the company over allegations that Shell stole his ideas for the Shell Small Card, a multi brand loyalty card.

Donovan first sued Shell in 1993 over allegations that the oil company and forecourt retailer stole his ideas for a number of sales promotions. Three of the claims were settled out of court.

The final claims were laid to rest this week. The two parties issued a joint statement yesterday, saying: “John Donovan has abandoned his claim against Shell in relation to Shell’s Smart loyalty scheme. He has acknowledged that these claims are without foundation and should not have been brought.

“Mr Donovan has also withdrawn all allegations of impropriety made against Shell or against its employees in connection with these proceedings and has agreed not to repeat them in any manner whatsoever.

“For its part, Shell acknowledges that Mr Donovan’s proceedings were brought in good faith and also withdraws all allegations of impropriety made during the proceedings.”

Neither party would make any further comment.

MARKETING WEEK JULY 8 1999

Link to Original Article…

http://www.shellnews.net/PDFs/MarketingWeek8July1999.pdf 

Stalemate for marketing firm’s ’stolen’ idea claim

Posted on July 7, 1999 by John Donovan.
Categories: Archive, John Donovan, Litigation, Royal Dutch Shell.

Mr Cox had accused Shell’s witnesses of appearing to have “corporate amnesia”, yet claimed Mr Donovan had a “trusted and successful” record with Shell.

Click to continue reading “Stalemate for marketing firm’s ’stolen’ idea claim”

East Anglian Daily Times: Stalemate for marketing firm’s ’stolen’ idea claim

Stalemate for marketing firm’s ’stolen’ idea claim: East Anglian Daily Times 7 July 1999

East Anglian Daily Times

Wednesday, July 7, 1999

Stalemate for marketing firm’s ’stolen’ idea claim

STALEMATE

John Donovan, from Bradfield Combust, sued Shell over a promotion he said was his idea. But yesterday his claim, and the firm’s counter suit, were dropped

Photograph: ANDY ABBOTT

A DAVID and Goliath court battle between oil giant Shell and a promotions expert who claimed they “pinched” his idea and turned it into a highly successful Smart Loyal Scheme has ended in stalemate.

Shell were sued by John Donovan, 52, from Bradfield Combust, near Bury St Edmunds, who claimed they misused confidential information relating to the scheme and refused to credit him as its creator.

Meanwhile, Shell had counter-claimed against Mr Donovan’s marketing company, Don Marketing, alleging breach of a confidentiality agreement.

But after days of battling in London’s High Court, both sides have agreed to dismiss their actions.

A joint statement issued afterwards said Mr Donovan had abandoned his claim against Shell along with related libel proceedings.

“He acknowledged the claims are without foundation and should not have been brought,” said the statement.

It added that he had also withdrawn all allegations of impropriety against Shell or its employees in connection with the proceedings and had agreed not to repeat them in any manner.

Shell acknowledged the proceedings were brought in good faith and they also withdrew allegations of impropriety made in the course of the proceedings.

Prior to the settlement, Geoffrey Cox, for Mr Donovan, told Mr Justice Laddie Shell approached Mr Donovan in 1989 and asked him for ideas to jazz up its nagging Collect and Select free gift promotion.

In response Mr Donovan claimed he came up with a joint loyalty card scheme under which Shell would join forces with a select consortium of other major retailers so that customers could collect credit points and claim their free gifts far more quickly.

He claimed Shell took an option to develop the plan and in 1997 launched the Smart Loyalty Scheme which incorporated his ideas. However, he accused Shell of refusing to pay, even though the scheme was highly successful.

Mr Cox had accused Shell’s witnesses of appearing to have “corporate amnesia”, yet claimed Mr Donovan had a “trusted and successful” record with Shell.

Original Article: 

http://www.shellnews.net/PDFs/EastAnglianDT7july1999.pdf

Eastern Daily Times photo clip of John Donovan against Shell logo: July 1999

Incentive Today: Don and Shell end Smart row

Posted on July 1, 1999 by John Donovan.
Categories: Don Marketing, John Donovan, Litigation, Royal Dutch Shell.

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.

“Mr Donovan has also withdrawn all allegations of impropriety made against Shell and its employees in connection with these proceedings and has agreed not to repeat them in any manner whatsoever.”

Both parties are bound by confidentiality clauses and have made no further comment on the dramatic turnaround just three days before the court hearing.

Speculation in the industry suggests that the sudden capitulation points to the possibility of a merger between Shell and another major petrol brand.

The oil industry is going through a period of major mergers with BP-Amoco-Mobil, Total-Fina and Esso-Mobil, all recent examples.

One ex-Shell employee said, “This has been an on-going saga for so long now, one could reasonably assume that the action had become a fly in the ointment for any potential deal. From the language of the statements it does seem that Shell has wanted to draw a line under this action and secure the future of Smart. This could now pave the way for a merger, and Texaco would be the likely candidate.”

The recent fluctuations in the oil price and the need to rationalise and cut costs across major markets has led oil giants into increasingly ambitious partnerships.

Currently Total/Fina is pursuing French giant Elf which itself has long been seeking a partner for its UK operation. Shell and Texaco are currently the only majors without partners. In the US, the two companies have been downstream partners for a number of years.

Shell’s proposed merger with Texaco was halted last year. Uncertainty over the long-term legal ownership of the Smart concept would certainly be a barrier to such a deal.

Link to Original Article

http://www.shellnews.net/PDFs/IncentiveTodayJulyAugust1999.pdf

SHELL IN HIGH COURT SUIT OVER SMARTCARD SCHEME

ARTICLE BEING ADDED TO OUR ONLINE ARCHIVE

DEBRIEF: SHELL IN HIGH COURT SUIT OVER SMARTCARD SCHEME

July 1999

SUFFOLK-BASED promotions agency Don Marketing faced multinational giant Shell UK in the High Court to argue its case of alleged breach of contract and misuse of confidential commercial information.

The dispute centres on Shell’s Smart multi-brand loyalty card, now operational in the UK and eight other countries. This, claims Don’s managing director John Donovan, is based on proposals he first put to Shell in 1989 - an allegation denied by Shell, which insists that Smart’s genesis was an inhouse project codenamed Onyx which began in autumn 1991.

Self-cast in the role of David to Shell’s Goliath, Donovan has successfully pursued earlier legal actions against Shell for infringement of his intellectual property; he also won an interim hearing against the oil giant for alleged libel.

Donovan and his father Alfred have become Shell shareholders and formed the Shell Corporate Conscience Pressure Group, highlighting not only their own case but those of other disenchanted Shell suppliers and franchisees.

He has also run ads in the marketing press warning Shell’s partners in the Smart scheme [among them Avis Rent A Car, British Gas and First Choice Holidays] that they too could face legal action.

Marketing, 10/6/99

…. Stop press: The case ended abruptly after both sides withdrew their respective claims. The terms of the settlement were unstated.

Link to Original Article…

http://www.shellnews.net/PDFs/DebriefJuly99.pdf