Forbes

Bandersnatch's Legal Adventure

New York, NY, January 14, 2019 | By: Oliver Herzfeld

The publisher of the popular Choose Your Own Adventure series of books, Choosco LLC, has commenced a lawsuit against Netflix. Essentially, Choosco claims Netflix’s new film "Black Mirror: Bandersnatch" infringes several of Choosco’s trademarks that include the words "Choose Your Own Adventure".

The Power of Licensing #8: Billions of Dollars in Toy Sales Seeking a Home

November 12, 2018 | By: Michael Stone, Co-founder and Chairman, Beanstalk

FAO Schwarz is re-opening in mid-November.  It sure is interesting observing the toy category these days. Toy sales are robust (although slightly down from last year), an iconic retailer liquidated, retail brands are rising from the dead, new retail formats are being tested, online and offline sales are blurring, and there’s disruption everywhere in the category. It’s been a while since I had so much fun with toys!  

The Power of Licensing #6: Amazon Looks Back To The Future With A Retail Catalog

July 31, 2018 | By: Michael Stone, Co-founder and Chairman, Beanstalk

William Faulkner famously wrote, “The past is never dead. It’s not even past.” We think that we are living in a unique age of retail change and, surely, we are witnessing great and accelerating change in how, where and when we buy goods. But sometimes, a strategy that we thought was old and tired, actually becomes new again.

The Power of Licensing #2: Damaging The Brand Message... From Within

Feb. 22, 2018 | Licensing relies on the strength and integrity of brands and how brands communicate their message to consumers and other stakeholders. Indeed, licensing is one of the marketing tools that brands can utilize. It is essential for those of us in the licensing community to understand the equities of brands and how brands can strengthen those equities but also how brands can damage those equities.

Forbes: Thelonious Monk and the Perils of Oral Agreements

October 19, 2017 | By Oliver Herzfeld | An old quip that is widely misattributed to the famous movie producer Samuel Goldwyn states “a verbal contract isn't worth the paper it's written on.” The truth is, with only a few exceptions, oral agreements are legal, valid and binding. However, oral agreements present other difficulties and challenges apart from enforceability. A lawsuit recently commenced by the Estate of Thelonious Monk against North Coast Brewing Co. provides an excellent opportunity to explore some of the issues raised by oral agreements.

Forbes: How to Establish a World-Class Corporate Brand Licensing Program: Part III

September 18, 2017 | By Oliver Herfeld, Chief Legal Officer, Beanstalk

A well-functioning corporate licensing program can help a brand to expand into new categories and territories, adapting to new trends and a changing marketplace. However, setting up such a program takes hard work and ongoing care.