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.

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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.

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Project Nosh: Takeaways From Pretzel Crisp's 7-Year Trademark Battle

September 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.

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AP News: Ivanka Trump's Supply Chains in China Cloaked in Secrecy

SHANGHAI (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.

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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.

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Forbes: Could you register the swastika as a trademark?

August 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.

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Licensing Playing Vital Role in Cannabis Industry

August 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.

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