Most consumer products licensing programs are centered on trademarked intellectual property, but copyrighted IP is often involved as well. So it is interesting to look at a number of recent cases involving copyright infringement across a variety of creative industries. These types of situations occur regularly each year, but the frequency seems to be on […]
Archive | Legal
Non-Fungible, But Also Non-Official
Using a blockchain—a decentralized, shared database—to track the history of a digital or real-life item creates a secure timeline of where that item has been throughout its lifespan, giving purchasers confidence about its legitimacy. As such, blockchain technology is a tool for everything from ensuring the authenticity of collectibles and luxury goods to demonstrating an […]
Reexamining Contract Terms
One of the themes noted across all four weeks of the Festival of Licensing, organized by Informa Markets in partnership with Licensing International, was the need to restructure and rethink the terms of licensing contracts, both new and existing, as a prerequisite for success of a licensed product line. Some of the configurations that were […]
A Sporting Chance
One of the main topics of conversation in licensing, almost since the pandemic began, has been whether and how contracts could be renegotiated to better share risk between licensors and licensees. The sports industry is one sector in which a number of contracts are currently being questioned, reconfigured, or discontinued in the wake of the […]
Not An Open and Shut Case
Several trademark applications that have made the news recently have centered on common words or phrases: • The fashion label Off-White, led by designer Virgil Abloh, tried to register the phrase “PRODUCT BAG,” including the quotation marks around it, with the U.S. Patent and Trademark Office (USPTO). The label has been using the words since […]
High on Brand Extension
In the last couple of months, a number of marijuana brands have announced their intent to license their trademarks for food and drinks, vape pens and other smoking accessories, apparel, concentrates, creams, and other closely related categories. Examples include: JuJu Royal Premium, founded by Julian Marley. Dropleaf holds the rights for the trademark and Marley […]
Emojis, Licensing, and the Law
The abundance of emoji-related graphics and brands available for licensing and the strong presence of emoji-themed merchandise at retail this fall raise some questions for the licensing community. For example: What are my options if I want to create products featuring emoji-related designs and/or brands? Are emojis legally protectable in the first place? Do I […]
Parallel Lines
The foundation of the licensing business is the existence of unique, legally protected properties that create a real point of difference for licensees. As a number of current initiatives attest, however, it is possible to oversee a viable licensing program even when full copyright or trademark protection is impossible. The vagaries of international trademark law […]