In a famous episode of HBO’s hit series Entourage, the main character Vincent Chase goes from talent agency to talent agency, with each firm promising to make him a “brand.” Unbeknownst to each agency Chase visits, every pitch is presented as an original, brilliant, never-been-done-before idea.
Read MoreThe U.S. Court of Appeals for the Ninth Circuit recently upheld the district court's decision finding Robin Thicke’s and Pharrell Williams’ chart-topping 2013 hit "Blurred Lines" infringed the copyright on Marvin Gaye's song "Got To Give It Up." The Ninth Circuit also upheld the district court’s award of more than $3 million in actual damages, $5 million in infringer’s profits and a continuing royalty of 50% of future songwriter and publishing revenues generated from the song.
Read MoreWhen trademark licensors grant a licensee exclusive rights to manufacture and sell licensed products, they often reserve the right to engage in negotiations with one or more potential replacement licensees during a certain period of time before the conclusion of the exclusive license agreement.
Read MoreOctober 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.
Read MoreSeptember 29, 2017 | The legal saga between Snyder’s-Lance, the maker of Pretzel Crisps, and PepsiCo’s Frito-Lay, maker of Rold Gold’s Pretzel Thins, may already have seven years under its belt, but it’s seems to be only beginning. While the final chapter is yet to be written, the ongoing court proceedings are already serving as a cautionary tale to emerging food and beverage brands.
Read MoreSHANGHAI (AP) — It is no secret that the bulk of Ivanka Trump’s merchandise comes from China. But just which Chinese companies manufacture and export her handbags, shoes and clothes is more secret than ever, an Associated Press investigation has found.
Read MoreSeptember 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.
Read MoreLisa Reiner, MD of Beanstalk, Europe and Asia Pacific, reveals how Beanstalk is leveraging TGI Fridays’ famous menu items into products and plans for its newest client, McVitie’s.
Read MoreAugust 28, 2017 | By Oliver Herzfeld, Chief Legal Officer, Beanstalk
The U.S. Supreme Court recently decided Matal v. Tam, holding unconstitutional an old provision of the U.S. Trademark Act that barred registration of “disparaging” trademarks.
Read MoreAugust 18, 2017 | Today’s the 40th anniversary of Elvis Presley’s death but, from a business perspective, The King doesn’t appear to have missed a beat.
Read MoreAugust 9, 2017 | With a growing number of states having legalized marijuana for medical treatment – 29 at last count including the District of Columbia – and eight states plus the District of Columbia where it has been cleared for recreational use (with California coming on line in 2018), licensing professionals are viewing the cannabis industry as a growth market.
Read MoreJune 12, 2017 | Written by Steve Olenski When it comes to celebrities, their brand value appears to go up once they have passed. Take Elvis, for example. He has been dead 40 years.
Read More