Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 426

Reply Declaration of Sanjay Sood in Support of #86 Apple's Motion for a Preliminary Injunction filed by Apple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Related document(s) #424 ) (Bartlett, Jason) (Filed on 11/28/2011) Modified text on 11/29/2011 (dhm, COURT STAFF).

SOOD EXHIBIT I

Three Questions You Need to Ask
About Your Brand
by Kevin Lane Keller, Brian Sternthal, and Alice Tybout

Reprint r0209f

September 2002

HBR Case Study
Growing for Broke

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Paul Hemp

HBR at Large
Crucibles of Leadership

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Warren G. Bennis and Robert J. Thomas

Big Picture
Serving the World’s Poor, Profitably

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C.K. Prahalad and Allen Hammond

The Curse of the Superstar CEO

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Rakesh Khurana

Taking the Mystery Out
of Investor Behavior

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Kevin P Coyne and Jonathan W. Witter
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Three Questions You Need to Ask
About Your Brand

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Kevin Lane Keller, Brian Sternthal,
and Alice Tybout

Pricing and the Psychology
of Consumption

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John Gourville and Dilip Soman

Best Practice
What Makes Great Boards Great

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Jeffrey A. Sonnenfeld

Tool Kit
A Better Way to Deliver Bad News
Jean-François Manzoni

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Three Questions You
Need to Ask About Your

Brand
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raditionally, the people responsible for positioning brands have concentrated on points of
difference –the benefits that set each brand apart
from the competition. Maytag is distinguished by dependability, Tide by whitening power, BMW by superior
handling. Such points of differentiation are, in many cases,
what consumers remember about a brand. But points of
differentiation alone are not enough to sustain a brand
against competitors. Managers often pay too little attention to two other aspects of competitive positioning: understanding the frame of reference within which their
brands work and addressing the features that brands have
in common with competitors. There are always circumstances in which it’s necessary to “break even” with competing brands. Effective brand positioning requires not only

by Kevin Lane Keller,
Brian Sternthal,
and Alice Tybout

rants: healthfulness. But Subway’s executives were concerned about the brand’s competitive frame of reference
and the attendant points of parity. While they were eager
to reposition the brand–sales had been flat for two years–
they saw taste as the sine qua non of the fast-food frame
of reference and believed that taste is more important
than healthfulness to core fast-food customers. Subway’s
research suggested that the company, which has more
stores than any other fast-food operation, could successfully compete on taste with the burger giants, whose sales
dwarf Subway’s. And executives knew that fast-food consumers often perceive good taste and healthfulness to be
at odds. Management feared that a strong health-centered
campaign would jeopardize the perception of Subway as
a fast-food establishment.

Conventional wisdom says creating a brand is about
differentiating your product. Think again.
careful consideration of a brand’s points of difference, but
also of what we call its points of parity with other products.
Subway faced a brand-positioning dilemma in 2000
when its ad agency recommended that the sandwich shop
chain present itself as the healthy fast-food brand, using
as its spokesperson a 22-year-old man who had lost 245
pounds by following a diet that consisted largely of Subway sandwiches. The agency was so confident of the appeal of the weight loss story that it financed the production of a television spot, which ran regionally and
produced an average sales increase of more than 15%.
The agency was focusing almost exclusively on Subway’s key point of difference from other fast-food restau-

Subway began running the agency’s advertisements
nationwide. But recently it has been simultaneously running another campaign promoting new products on the
basis of taste. Whichever approach turns out to be right
for the brand in the long term, the example shows that
brand positioning focusing only on a point of difference
leaves out important issues. Sound competitive positioning requires the identification of an appropriate frame of
reference and associated points of parity and points
of difference. Subway can continue to differentiate, of
course – differentiating is a smart way to keep other potential health-focused fast-food purveyors out of its business – but it can’t forget what business it’s in.

Copyright © 2002 by Harvard Business School Publishing Corporation. All rights reserved.

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Have We Established a Frame?
Brand positioning starts with establishing a frame of reference, which signals to consumers the goal they can expect to achieve by using a brand. Choosing the proper
frame is important because it dictates the types of associations that will function as points of parity and points of
difference. In some cases, the frame of reference is other
brands in the same category. Coca-Cola is a soft drink. It
competes with Pepsi-Cola and RC. But in certain instances, the frame of reference might be brands in quite
disparate categories. Coke, Gatorade, and Snapple belong
to the soft drink, sport drink, and iced tea categories, but
they potentially share the frame of reference that consists
of all thirst-quenching drinks.
One variable that may influence the choice of frame of
reference is the product’s stage in the life cycle. When a
new product is launched, competing products are often
enlisted to serve as the frame of reference so that consumers can quickly discern what the product is and what
goal it serves. In later stages of the product life cycle,
growth opportunities (and threats) may emerge outside
the product category. Accordingly, shifting the frame of
reference may be necessary. The case of FedEx illustrates
this evolution.
When Federal Express launched its service, it offered
a clear point of difference from traditional mail delivery
via the U.S. Postal Service: overnight delivery. As other
providers of overnight delivery services appeared, the
new competitors served as a new frame of reference.
FedEx positioned itself as superior to them based on
speed and dependability. This point of difference was
reflected in its advertising slogan, “When it absolutely,
positively has to be there overnight.”
While FedEx continues to be concerned about competitors in the overnight delivery category, some of its
stiffest competition now comes from other forms of document transmission. For example, many documents that
once would have been sent by overnight delivery can be
faxed or e-mailed more quickly and inexpensively. FedEx’s
“speedy delivery” point of difference is rendered meaningless when the frame of reference is expanded to include fax or e-mail. A new point of difference is required.
Against this new frame of reference, FedEx could choose to
differentiate on security, confidentiality, and attentiongetting capability. This type of differentiation would be
supported by FedEx’s heavily promoted tracking capabiliKevin Lane Keller is the E.B. Osborn Professor of Marketing
at the Amos Tuck School of Business at Dartmouth College
in Hanover, New Hampshire. Brian Sternthal is the Kraft
Professor of Marketing at the Kellogg School of Management at Northwestern University in Evanston, Illinois. Alice
Tybout is the Harold T. Martin Professor of Marketing at the
Kellogg School.
4

ties, which distinguish it not only from fax and e-mail, but
from other overnight delivery carriers as well.
Even established brands need to pay close attention to
frames of reference, in some cases expanding their focus
in order to preempt the competition. If Campbell’s soups,
say, were to focus exclusively on competition from Progresso soups, Campbell’s sales could be blindsided by new
quick-lunch products such as frozen pasta bowls.

Are We Leveraging Our Points
of Parity?
Once you’ve chosen an initial frame of reference, think
through the points of parity that must be met if consumers are to perceive your product as a legitimate and
credible player within that frame. Consumers might not
consider a bank truly a “bank” unless it offers checking
and savings plans, safe-deposit boxes, traveler’s checks, and
so on. The approach you use to meet these minimum
requirements for playing the game will depend on where
your product is in its life cycle.
New Brands. Marketing strategists generally recognize the importance of identifying points of parity when
introducing a new brand, as the FedEx example illustrates. But the more innovative the product, the greater
the difficulty of fitting it into an established frame and
meeting the frame’s minimum requirements. The brief,
lonely life of Motorola’s Envoy underlines this point.
Envoy was a personal digital assistant launched in 1994.
It received messages wirelessly like a pager, but no one
viewed it as a pager because it was too large (the size of
a VHS tape) and too expensive ($1,500). Envoy sent e-mail
and faxes like a laptop computer, but it couldn’t substitute
for a laptop because it lacked a keyboard and sufficient
storage. Envoy could store calendar and contact information like an organizer, but its price tag and cumbersome
entry system made it an implausible member of that category. Envoy lacked sufficient points of parity to belong to
any existing category. Without a clear frame of reference,
consumers weren’t sure why they should purchase the
product. It was withdrawn from the market in 1996.
Shortly before Envoy was put to rest, the PalmPilot
1000, a device with only a fraction of the capabilities of
Envoy, was launched. It quickly became the most rapidly
adopted electronic device ever. A key factor in the product’s success was its point of parity with electronic organizers; it was able to claim this category as a frame of
reference. Jeff Hawkins, the designer of the PalmPilot,
intentionally limited the device’s functions to those associated with organizers. The compact size and reasonable
price reinforced its membership in the organizer category, where it set itself apart from others through its simple, one-button PC synchronization.
Brand Extensions. When extending a brand, it’s easy–
and dangerous–to shortchange points of parity. The more
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T h re e Q u e s t i o n s Yo u N e e d t o A s k A b o u t Yo u r B ra n d

an extension differs from a base brand, the greater the
importance of focusing on the frame of reference. For
example, when Nivea, which markets its skin cream as
“gentle” and “protective,” started selling deodorant, establishing that the deodorant did what deodorants do – stop
odor–was essential. Once that was established, marketers
could think about pushing the gentle and protective qualities already associated with the Nivea brand.
Dove could have learned from Nivea. Dove, known
as the soap with “moisturizing lotion,” moved into the
dishwashing-liquid business with a product that claimed
to “soften your hands as you do the dishes.”Sales were disappointing, perhaps because consumers were looking for
a dishwashing liquid that cleaned the dishes rather than
softened the hands. Dove needed to establish its points of
parity with competitors before stressing its differences.
Established Brands. Managers of established brands
also need to reassess points of parity from time to time,
because attributes that were once differentiators can become minimum requirements. When Procter & Gamble
developed an ingredient for dishwashing liquid that cut
grease, it wasn’t a differentiator for long – P&G itself
added the ingredient to its other brands.
Savvy marketers can hold off a competitor’s point of
difference by creating competitive points of parity –
Gillette is no longer the only company selling triple-blade

the Postal Service suggests that another rethinking of
both the company’s points of parity and points of difference is under way.

Are the Points of Difference
Compelling?
You shouldn’t rely solely on points of difference when positioning a brand, but you shouldn’t ignore them either.
Assuming a frame of reference is identified correctly,
points of difference– even seemingly contradictory ones–
can be powerful. Strong, favorable, unique associations
that distinguish a brand from others in the same frame
of reference are fundamental to successful brand positioning. But it’s important to avoid a one-dimensional
view of differentiation. Careful analysis shows that there
are three types of brand differences: brand performance
associations, brand imagery associations, and consumer
insight associations. By considering each of these kinds of
differences, you can better target your message.
Brand performance associations relate to the ways in
which a product or service attempts to meet customers’
functional needs. These associations, which are based on
intrinsic properties of the brand, revolve around the
many facets of the question: “Does this product do what
it says?” Brand performance associations, which fall into

Brand positioning starts with establishing a frame of reference, which signals
to consumers the goal they can expect to achieve by using a brand.
In some cases, the frame of reference is other brands in the same category.
razors, for example. In this way, a brand can “break even”
in an area where competitors are trying to break away
and then achieve a point of difference in some other area.
Visa and American Express both market credit cards. Visa’s
point of difference is that it is the most convenient card –
it can be used in many places. American Express highlights the prestige associated with use of its card. Having
established these points of difference, Visa and American
Express now compete by attempting to blunt each other’s
advantage. Visa offers gold and platinum cards to enhance the prestige of its cards; American Express has increased the number of vendors that accept its cards. By
attacking a competitor’s point of difference and recasting
it as a point of parity, a company hopes to draw attention
to its own point of difference.
The benefits of even the savviest brand positioning
don’t necessarily last forever. Palm is under fire from an
increasing number of competitors, and even mighty
FedEx has failed in some arenas (witness its mid-1980s
push for remote faxing), although its recent alliance with
september 2002

five broad categories, come into play when brands are
assessed on characteristics a buyer can investigate prior
to purchase. One category is composed of a brand’s performance on the benefits that prompt consumption. For
Subway, these benefits include taste, nutritional value,
and the variety offered. A second set of associations relates to a brand’s reliability, durability, and serviceability.
Subway might be positioned as delivering the same
healthy choices every time a customer visits a store. Service effectiveness, efficiency, and empathy make up another set of associations that Subway might offer by focusing on the speed, courtesy, and accuracy with which
it fills customer orders. Style and design constitute a
fourth category of associations: Subway’s emphasis on
a health benefit might be supported by the simple, hygienic environment in which the product is sold. Finally,
associations to value and price might help differentiate
a brand from its competitors: More sandwich choices at
lower prices would serve Subway well in its battle to top
McDonald’s.
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T h re e Q u e s t i o n s Yo u N e e d t o A s k A b o u t Yo u r B ra n d

When considering whether to buy a computer, a car,
beer, deodorant, gasoline, and so forth) introduced
a book, or an item of clothing, a consumer can study the
“clear”– colorless and in some cases transparent–versions
product’s concrete qualities and features. In such cases,
of their products to better differentiate themselves from
brand performance associations may be all you need to
competitors. Although clear might have initially signaled
distinguish your product. But when making choices based
naturalness, purity, and lightness, a proliferation of clear
on experience – such as where to get a haircut or eat dinproducts blurred the meaning of this attribute. It’s worth
ner – consumers use brand imagery associations. Brand
noting that as long as benefits are perceived as enhancing
imagery is typically established by depicting who uses
performance, they needn’t have any real effect. For exthe brand and under what circumstances. Subway repample, flaked crystals have been used in successfully proresents its point of difference by using a spokesman
moting Folgers coffee, even though flaking’s contribution
who has lost weight. This device implies that Subway is
to product performance is unclear.
for the average person who wants a simple way to get in shape.
Consumer insight associations are
generally used when a brand’s performance and imagery don’t differ much
from those of the competition. If all
other measures are equal, a brand that
can show consumers it has insight into
Competitive brand positioning is hard work. Many brands falter sooner
their problems or goals can then make
than they should; some don’t even make it out of the gate. Here are five
the case that it is the solution. For expitfalls to watch out for:
ample, ads for Lee Jeans show women’s
1. Companies sometimes try to build brand awareness before estabtribulations in the search for jeans that
lishing a clear brand position. You have to know who you are before you
fit well (and the rituals they go through
can convince anyone of it. Many dot-coms know this pitfall well. A numto get them on) as the basis for posiber of them spent heavily on expensive television advertising without
tioning Lee as the brand that offers sufirst being clear about what they were selling.
perior fit.
2. Companies often promote attributes that consumers don’t care
But don’t rely too much on consumer
insight associations. Use of consumer inabout. The classic example: For years, companies that sold analgesics
sight as a point of difference is generally
claimed their brands were longer lasting than others. Eventually, they
a less attractive basis for positioning
noticed that consumers wanted faster relief more than sustained relief.
than focusing on a brand benefit or im3. Companies sometimes invest too heavily in points of difference
agery association because insights into
that can easily be copied. Positioning needs to keep competitors out,
consumers’ goals are readily emulated.
not draw them in. A brand that claims to be the cheapest or the
The insight that young men desire to
hippest is likely to be leapfrogged.
be hip and admired by their peers has
4. Certain companies become so intent on responding to competition
become a point of parity rather than a
that they walk away from their established positions. General Mills
point of difference for automobile comused the insight that consumers viewed honey as more nutritious than
panies – the same insight underlies ads
sugar to successfully introduce the Honey Nut Cheerios product-line
from Volkswagen, Toyota, and Subaru.
extension. A key competitor, Post, decided to respond by repositioning
There are two questions that serve as
its Sugar Crisp brand, changing the name to Golden Crisp and dropfundamental filters through which to
run your brand’s points-of-difference
ping the Sugar Bear character as spokesman. But the repositioned
benefits: Are they desirable to custombrand didn’t attract enough new customers, and its market share was
ers, and can you deliver them? When the
severely diminished.
answer to both is yes, a point of differ5. Companies may think they can reposition a brand, but this is
ence can become a strong, favorable,
nearly always difficult and sometimes impossible. Although Pepsi-Cola’s
unique brand association.
fresh, youthful appeal has been a key branding difference in its battle
Desirability. To qualify as desirable, a
against Coca-Cola, the brand has strayed from this focus several times
point of difference must be perceived by
in the past two decades, perhaps contributing to some of its market
the brand’s audience as both relevant
share woes. Every attempt to reposition the brand has been followed
and believable. Relevance is easily overby a retreat to the former successful positioning. Brand positioning is
looked. In the early 1990s, for example,
a tough task. Once you’ve found one that works, you may need to find a
a number of brands in different product
modern way to convey the position, but think hard before you alter it.
categories (colas, dishwashing soaps,

The Pitfalls of Brand Positioning

6

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T h re e Q u e s t i o n s Yo u N e e d t o A s k A b o u t Yo u r B ra n d

The simplest approach to believability is to point to
a unique, provable attribute of the product. If a highcaffeine soft drink were to argue that it is more energizing than other drinks, it could support the claim by
emphasizing its higher caffeine concentration. PalmPilot started out contending that it offered superior
convenience relative to other electronic organizers because it provided one-button PC synchronization. Subway supports its health claim by advertising that its
sandwiches have fewer grams of fat than those offered
by its rivals.
Deliverability. A product’s point of difference needs to
meet three deliverability criteria. First, creating the point
of difference must be feasible. In recent years, airlines
have wisely abandoned efforts to claim superior on-time
performance as their point of difference. Management
recognizes that an airline’s ability to deliver such a point
of difference is compromised by numerous uncontrollable factors. Second, positioning on a particular benefit
must be profitable. A major bank that provided personal
bankers to answer clients’ questions presents a good example of an unprofitable benefit: The bank terminated
the service after accountants, insurance executives, and
other professionals overwhelmed the staff with inquiries.
Finally, the positioning must be preemptive, defensible,
and difficult to attack. While consumers may find low
prices or free delivery attractive as points of difference, all
too often these features compromise profitability and are
easily imitated. Outpost.com offered free delivery of
customer purchases but canceled the service after one
year when it became apparent the benefit could not be
sustained profitably.
Market leaders typically market their products on the
basis of the category’s points of parity; they try to create
a “We are the frame of reference” message. Coke (its ads
suggest) is refreshment. McDonald’s equals great taste.
Even when a brand leader doesn’t enjoy a performance advantage, it can sometimes use its bigger ad budget to claim
that it does. Thus, leading banks promote longer hours as if
this were a point of difference, even though lesser competitors offer the same service. Follower brands must not
neglect points of parity as a means of announcing their
frame of reference, but they compete on points of difference. McDonald’s is great taste; Subway has good-enough
taste but competes on healthfulness. Pantene offers healthier hair; Suave gives you healthy hair at a lower price.

Putting It All Together
Developing an effective position goes beyond determining the frame of reference, points of parity, and points of
difference. It also requires that these elements be internally consistent at any point in time and over time.
Ensuring that attributes don’t contradict one another is
particularly important. From a consumer’s perspective,
september 2002

the fact that a brand possesses a given benefit can imply
that it will not possess another benefit. For example, it
might be difficult to position a brand as “inexpensive”
and at the same time assert that it is “of the highest quality.” Brands that are positioned as nutritious and good
tasting, powerful and safe, ubiquitous and exclusive, varied and simple include negatively correlated benefits.
But, as the success of Miller Lite –“great taste, less filling”– shows, apparent contradictions can be transcended.
There are three good ways to go about it. First, sequencing. Establish a brand’s “great taste” before you move
on to “less filling.” In most instances, consumers are unlikely to devote the resources necessary to process multiple brand attributes and benefits at one time anyway.
A second approach is to leverage some other, unconnected attribute. Miller Lite addressed the negative correlation between great taste and low calories by presenting well-known and well-liked celebrities to lend
credibility to the taste benefit. And it’s sometimes possible
to make the case that contradictions are, in fact, complements. When Apple Computer launched Macintosh, its
key point of difference was that it was “user friendly.”
But customers assumed that an easy-to-use personal
computer could not be very powerful, and power was a
key determinant of choice. Apple addressed the potential
problem by developing an advertising campaign that
stated,“The most powerful computers are ones that people actually use.”

Making It Last
As a brand ages, the challenge is to make sure it stays upto-date and in touch with consumers’ shifting needs. This
can be achieved in a variety of ways. In some cases, the
brand’s position is sufficiently rich that exactly the same
position can be sustained over time. Marlboro has successfully used cowboys and associations to the Old West
since 1955 to depict freedom and individuality.
In other cases, presenting the same points of difference
over time does not sustain a brand’s performance. It may
be necessary to deepen the meanings associated with the
brand. This entails demonstrating more explicitly how
the brand relates to consumers’ goals and requires insight
about what motivates consumers to use a brand. The
brand is then positioned in such a way that its point of
difference becomes its essence and implies goal attainment. We call this laddering up.
In the laddering-up process, consumers are first given
concrete attributes and then prompted to climb toward
progressively more abstract and general inferences. One
company’s cellular advertising campaign illustrates that
approach. The focus of its initial advertising spot was
on unique product features that made the phone service
reliable. In a second generation, the ads examined the implication of reliable service, which is that consumers
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would be less concerned about being tied to the office to
await important calls. The next generation of advertising
might focus on a more general implication: consumers’
greater freedom of movement.
Another approach to sustaining a brand position is to
build what the Leo Burnett advertising agency has
termed the “big idea.” This entails identifying a differentiating benefit that is important to consumers and presenting, over time, a variety of attributes that imply the
benefit. The context is kept constant so that people can
readily associate the ad with the brand name, ensuring
strong brand linkage.
Advertising for Green Giant illustrates the big-idea approach. The setting is always in the valley, so consumers
know at the outset of each ad that Green Giant is around.
The reliable use of this context, and the fact that the benefit is always superior quality, link the individual executions as a campaign. By varying, over time, the attributes
that imply this benefit, Green Giant provides new information to sustain consumer interest. Successive genera-

8

tions of ads have informed consumers that Green Giant
vegetables are vacuum-packed, fresh frozen, and packed
in butter sauce to imply superior quality and taste.
•••
Frames of reference, points of parity, and points of difference are moving targets. Maytag isn’t the only dependable
brand of appliance, Tide isn’t the only detergent with
whitening power, BMWs aren’t the only cars on the road
with superior handling. The key questions you need to ask
about your brand – Have we established a frame? Are we
leveraging our points of parity? Are the points of difference compelling? – may not change, but their context certainly will. Asking these questions will help ensure the
right brand positioning, but don’t think any of these variables stays static for long. The savviest brand positioners
are also the most vigilant.
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