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.
Read MoreApple’s iPhone has a China problem. The fact that the Chinese market is one that Apple simply cannot afford to ignore shouldn’t surprise anyone. China’s population – and its subsequent potential market – is booming. And Apple’s not ignoring it. Last month, it was announced that Apple’s new iPhones are licensed to work on China Mobile’s network. This opens up Apple to the world’s largest mobile phone company in terms of subscribers.
Read MoreBY OLIVER HERZFELD, FORBES IP COUNSEL, OCTOBER 15, 2013 - Contractual counterparties sometimes agree to contract on major terms while leaving other terms open and subject to further negotiation. In a prior Forbes column (available here), I reviewed a case where one party insisted on materially different terms to the previously agreed-upon major terms. But assuming the parties do not attempt to alter the major terms, what are the boundaries of the parties’ obligation to agree upon the open terms and enter into a final agreement? The recent decision in L-7 Designs v. Old Navy addresses this question.
Read MoreOctober 2013, London, U.K., - Leading global brand licensing agency and consultancy, Beanstalk, today unveiled the selection of new brands that have recently joined its prestigious client roster at Brand Licensing Europe. The announcement comes amidst news of major new license agreements secured by Beanstalk, as well as the launch of a new specialised digital division, Tinderbox.
Read MoreOctober 10, 2013, London, U.K., – Leading global brand licensing agency and consultancy Beanstalk today announced that Lisa Reiner has been promoted to Managing Director of Europe and Asia Pacific. In her new role, Reiner will oversee all international operations, including business development and marketing, for Beanstalk and its newly launched digital division Tinderbox. She succeeds Ciarán Coyle, who is leaving Beanstalk to pursue another career opportunity in the United States.
Read MoreSeptember 12, 2013, London, U.K., – Leading confectionery company Cloetta, formerly known as Leaf UK, today announced Kimm & Miller and Hachette Partworks as its first two licensing partners for much loved British confectionery brand Chewits. The new agreements mark the kick-off of a strategic licensing programme, developed by Chewits’ exclusive brand licensing agency Beanstalk, and coincide with the brand showing double digit growth ahead of the chewy sweets category (Nielsen June 2013).
Read MoreAugust 29, 2013, London, U.K., – Authentic American-style baking brand, The Hummingbird Bakery, today announced its plans to extend into new product categories through licensing, working with leading global brand licensing agency, Beanstalk. Building on the company’s reputation as frontrunners of the UK cupcake and American-style bakery revolution, Beanstalk will be looking for best-in-class licensing partners across a range of food and non-food items including ice cream, chocolate, biscuits, cake decorations, syrups and flavoured teas as well as authentic American bakeware, kitchen textiles and kitchen appliances.
Read MoreBY OLIVER HERZFELD, FORBES IP COUNSEL, AUGUST 20, 2013 - The composers of the hit song “Blurred Lines”, Robin Thicke, Pharrell Williams and Clifford Harris, Jr. (a/k/a T.I.), have commenced a lawsuit against Marvin Gaye’s family, as owners of Gaye’s “Got to Give It Up”, and Bridgeport Music, as owner of Funkadelic’s “Sexy Ways”. The complaint is for declaratory relief, meaning the plaintiffs are not pursuing any affirmative action, injunction or award of damages; they are only seeking a judgment that decides the rights of the parties. The plaintiffs commenced the lawsuit because both Marvin Gaye’s family and Bridgeport Music have threatened the plaintiffs with copyright infringement litigation based on similarities between “Blurred Lines” and each of “Got to Give It Up” and “Sexy Ways”, respectively. The key question of the lawsuit is: could the composers be held liable for copyright infringement if they were influenced and inspired by Marvin Gaye’s and Funkadelic’s prior works, but did not actually sample such prior works or otherwise literally copy any of Marvin Gaye’s or Funkadelic’s music or lyrics?” Surprisingly, the answer is: “it depends.”
Read MoreBY MICHAEL STONE, FORBES CMO NETWORK, AUGUST 16, 2013 - If you’re reading the news, it may appear as though Cronuts have taken the country by storm. While they’ve certainly amassed a large following, Cronuts are still only available, at least for now, in Dominique Ansel’s bakery in SoHo New York. I still haven’t tasted one myself, but as a New Yorker, believe me when I say that they’re all the rage. In case you don’t know, a Cronut is a cross between a doughnut and a croissant. Think of circled layers of croissant (with a hole in the middle) with the outside texture and cream or glaze of a doughnut.
Read MoreBY OLIVER HERZFELD, FORBES IP COUNSEL, AUGUST 6, 2013 - Copyright licensors, through their communications and conduct, sometimes permit their licensees to take actions that exceed the scope of the parties’ license agreements. The question is, are such so-called implied licenses binding and legally enforceable against licensors? The recent case of Davis v. Tampa Bay Arena provides a good review of the enforceability of implied grants in the context of copyright licensing.
Read MoreJuly 9, 2013, Knoxville, TN., – HGTV HOME was named Best Corporate Brand Program of the Year by the International Licensing Industry Merchandisers’ Association (LIMA) at the LIMA Awards Ceremony during Licensing Expo 2013 in Las Vegas last month.
Read MoreBY OLIVER HERZFELD, FORBES IP COUNSEL, JULY 10, 2013 - Contractual counterparties often negotiate and agree upon the key terms of a commercial transaction in a term sheet, leave other terms for further negotiation in due course, and agree to negotiate such other terms in good faith with the intention of entering into a definitive agreement based upon the initially agreed key terms. The question is, are such agreements to negotiate in good faith enforceable? And if so, what is the proper measure of damages if such an agreement is breached? Is the aggrieved party entitled to expectation damages (which would put such party in the position it would have been in had the agreement been fulfilled), or is its remedy limited solely to reliance damages such as attorney’s fees and other out-of-pocket expenses (which would only put such party in the position it would have been in had the agreement never happened)? The Delaware Supreme Court’s recent decision in SIGA Technologies v. PharmAthene provides some important guidance regarding the answers to these questions.
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