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%.
Don Marketing
Shell Make Money and Shell Mastermind 1984
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.
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.
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.
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.
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.
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.
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.
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.
The issue of a writ by Don Marketing against Shell
Promotion & Incentives Magazine June 1998: Page 35
SPECIAL REPORT: CONFIDENTIALITY
Safe ideas
Philip Circus explains how to protect the parts of your work that copyright doesn’t reach
The issue of a writ by Don Marketing against Shell has, once again, thrown up the issue of promotional ideas and how they can be protected. Usually, the issue arises when an agency claims that a client or potential client has used, but not paid for, their idea.
The problem is that protecting promotional ideas and concepts is more difficult than protecting the tangible work which flows from that idea or concept. Actual artwork and copy is subject to copyright protection.
Marketing Week: SHELL SMART LEGAL NOTICE
SHELL SMART LEGAL NOTICE
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.
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.
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.
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.
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.