• by Dacia Ray , August 15, 2005

Many are familiar with pop artist Andy Warhol's version of a Campbell's soup can. Few, however, are familiar with Jose Avila, a software developer from Arizona. Brand loyal to FedEx (he admitted his affinity for the overnight shipping company's sturdy boxes to Wired News), Avila furnished his apartment with a table and chair set, a computer desk, a 9-foot couch, and a bed - all of which he fabricated out of FedEx boxes and packing supplies.

Avila, in true consumer-generated media form, created a Web site to document his project: FedExFurniture.com. Like many large companies unfamiliar with the efficacies of blogs, FedEx's reaction to the project came in the form of a cease-and-desist letter citing the Digital Millennium Copyright Act (DMCA), among other things. The shipping company claims Avila infringed on its trademark and its copyright. In addition, the company purports that using the ".com" suffix, which is a commercial-level domain, furthers his commercial exploitation.

The Minute takes issue with FedEx's actions on several points. Avila's use of FedEx packaging supplies could have been a marketing boon for the company. Much like Subway's Jared made the sandwich chain the choice for a healthy fast food experience, Avila's trust in FedEx's sturdy packing supplies is a marketing opportunity that should have led to a spokesperson contract, not a cease-and-desist letter.

We wonder if the everyday-item-turned-art had debuted in a SoHo gallery, i.e. outside the digital realm, whether the response would have ended in such a public relations freefall. Granted, the boundaries in the digital realm are far from clear cut (the DMCA is a prime example of this), but businesses must learn how to cultivate relationships with their patrons. In this growing age of consumer control, those that don't will pay a price.

Now, in case you missed the Minute on Friday, we remind you that the editors of MediaPost and OMMA magazine invite you to enter nominees for the Online All Stars. We will name three individuals in the creative ranks; three media strategists (those who architect and implement media buys and plans); and three marketing minds. The common denominator? All entrants must work in the online arena.

We expect to draw people from the ranks of agencies, brand marketers, media companies, online publishers, and multimedia companies. All nominees, no matter their age or rank, will be considered. Heck, you can even nominate yourself! The nine winners will be featured in a special supplement that will accompany the October issue of OMMA. That issue will debut at the OMMA East Conference and Expo on Sept. 27.

How to enter? Send a backgrounder, briefing, and bio detailing the All Star nominee's specific and most recent accomplishments, citing campaigns and initiatives, and any other relevant data here.

DEADLINE for Entry: August 19.