J.C. Penney Faces Brand Identity Crisis on Multiple Fronts

BY MICHAEL STONE, FORBES CMO NETWORK, APRIL 22, 2013 - Like an awkward Hollywood love triangle, the J.C. Penney, Martha Stewart and Macy’s saga continued last week as the three fought over Justice Jeffrey K. Oing’s April 5th decision to temporarily allow J.C. Penney to sell Martha Stewart-designed products under the JCP Everyday label.

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Oakley v. Rory McIlroy and Nike: Enforcing Rights Of First Refusal In Endorsement Agreements

BY OLIVER HERZFELD, FORBES IP COUNSEL, MARCH 19, 2013 - Sport and lifestyle brand Oakley recently commenced a lawsuit against Rory McIlroy and Nike, claiming McIlroy entered into a broad “head to toe” equipment, apparel and footwear endorsement agreement with Nike in breach of the right of first refusal provision in his prior endorsement agreement with Oakley that expired on December 31, 2012.

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Forbes: Why Kimora Lee Simmons Did Not 'Lay the Blueprint' for Celebrity Fashion

BY MICHAEL STONE, FORBES CMO NETWORK, FEBRUARY 12, 2013 - In a recent interview with MSN’s “The Grio,” Kimora Lee Simmons stated she and former husband Russell Simmons “laid the blueprint” for celebrity designed clothing lines. I think I speak for others when I say, really? Ms. Simmons has definitely carved out a place for herself in the fashion world, and I applaud her for that, but to proclaim she is a founding father of sorts in celebrity fashion is a bit presumptuous.

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Marc Schneider Joins Beanstalk as Chief Financial and Operating Officer

February 5, 2013, New York, N.Y., – Beanstalk, a leading global brand licensing agency, today announced the appointment of finance veteran Marc Schneider as Chief Financial Officer. In his role, Schneider will be responsible for all aspects of Beanstalk’s global Finance and Operations including overseeing management of the agency’s best-in-class financial systems and platforms. Schneider will also be the primary liaison to the corporate financial team of Omnicom Group, Beanstalk’s parent company.

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Forbes: Lance Armstrong Will Likely Settle Readers' Claims -- And Admit No Wrongdoing

BY OLIVER HERZFELD, FORBES IP COUNSEL, JANUARY 29, 2013 - Following cyclist Lance Armstrong’s recent, but less than fully contrite, admission to Oprah Winfrey that for more than a decade he (i) used performance enhancing drugs, and (ii) repeatedly made false public statements denying that he did so, on January 22, 2013, a federal class-action lawsuit was filed in California against Armstrong and his book publishers, Penguin and Random House.

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Forbes: Top 10 Licensed Brand Extensions of 2012

BY MICHAEL STONE, FORBES CMO NETWORK, JANUARY 23, 2013 - From products based on the heart-pumping novel 50 Shades of Grey, to Band-Aid’s use of an app to create augmented reality featuring the Muppets, to HGTV-branded live plants, 2012 was chock-full of innovative brand extensions. So, before 2013’s brand innovations steal the limelight, let’s take one last look at last year’s best licensed partnerships.

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Are Website Terms Of Use Enforceable?

BY OLIVER HERZFELD, FORBES IP COUNSEL, JANUARY 22, 2013 - Have you ever wondered whether online agreements that are not signed in ink are enforceable? How about website “Terms of Use” that are available solely via a homepage link and are not explicitly agreed to by users? Are such Terms of Use legally enforceable against website visitors? In the recent case of Schnabel v. Trilegiant Corp., the Second Circuit Court of Appeals provides some important guidance that can be readily applied to the enforceability of website Terms of Use and other online agreements.

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