Brand consulting

Are Your Emails Enforceable Contracts?

BY OLIVER HERZFELD, FORBES IP COUNSEL, DECEMBER 9, 2013 - Many people consider email to be an informal form of communication. As a result, offers, counter-offers and terms of proposed agreements are frequently exchanged via email with the hope and expectation that they are for negotiation purposes only. The question is, could such email messages be deemed to be legal, valid and binding agreements that are enforceable against senders in accordance with their terms? The New York Appellate Division in the recent case of Forcelli v. Gelco provides some important guidance regarding the answer to this question.

Protecting Banksy's Sphinx

BY OLIVER HERZFELD, FORBES IP COUNSEL, OCTOBER 24, 2013 - On Tuesday October 22, 2013, a sculpture of a sphinx made of foam, cement and cinder-blocks appeared on a sidewalk in Queens, New York surrounded by a wide pool of putrid water. On his website, the mysterious and anonymous artist known as Banksy claimed ownership of the work, “Everything but the kitchen Sphinx”, stating: “No turn unstoned. A 1/36 scale replica of the great Sphinx of Giza made from smashed cinderblocks. You’re advised not to drink the replica Arab spring water.” According to the New York Post, an art gallery representative paid the owner of a nearby auto-glass shop, Bernardo Veles, to recruit a team to dismantle the sculpture and load it onto a moving truck that quickly carted it away. Approximately two dozen Banksy fans observed the taking in dismay. One of the members of Mr. Veles’ team sold a brick from the base of the sculpture to a spectator for $100.

Energizer Further Extends Its European Licensing Programme with Beanstalk

October 16, 2013, London, U.K., – Leading consumer goods company, Energizer Holdings Inc., today announced that automotive accessories manufacturer Custom Accessories Europe (CAE) has been appointed as a licensee for the renowned Energizer brand. With a history of over 100 years of innovation, Energizer retails in over 160 countries worldwide and is widely considered a global leader in the power solutions industry. Beanstalk, the global brand licensing agency which has represented the brand in North America since 2009, has been tasked with further expanding the brand’s licensing programme across Europe, building on its rich heritage of innovation, growth and durability.