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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Forbes: Protecting Fashion Designs

BY OLIVER HERZFELD, FORBES IP COUNSEL, JANUARY 3, 2013 - On September 20, 2012, the Senate Committee on the Judiciary voted for the Innovative Design Protection Act of 2012 (a.k.a. the “Fashion Bill”) to proceed to the Senate floor without amendment, and on December 20, the bill was placed on the Senate legislative calendar. The Fashion Bill extends copyright protection for three years to fashion designs that “(i) are the result of a designer’s own creative endeavor; and (ii) provide a unique, distinguishable, non-trivial and non-utilitarian variation over prior designs for similar types of articles.”

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Beanstalk Adds New Partners to Airheads Licensing Program

December 10, 2012, New York, NY., – Beanstalk, a leading global brand licensing agency, announces the addition of three new exciting licensing partnerships for the beloved candy brand Airheads now partnering with Zazzle, Naui Ollin andIsaac Morris. Partners will translate the brand’s ‘out-of-control’ personality, and colorful and imaginative graphics, to multiple lifestyle categories.

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Celebrities Move Beyond Fragrance to Tap Other Senses Within Health & Beauty

BY MICHAEL STONE, FORBES CMO NETWORK, DECEMBER 7, 2012 - The world of retail is in the throes of the holiday shopping season, which means display cases are stocked full of celebrity fragrances. Consumers’ desire to smell like their favorite celebrities and be ‘Bieber-licious’ has made fragrance a popular category among celebrities for years. While there is no indication of fragrance slowing down, in fact, sales grew 57% in 2011 according to CNBC, celebrities are looking to make their mark in other categories within health and beauty (HBA), moving beyond endorsements and straight into brand development.

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What Is The Legal Status Of Virtual Goods?

BY OLIVER HERZFELD, FORBES IP COUNSEL, DECEMBER 4, 2012 - Virtual goods are intangible objects in online games and communities. Examples include everything from weapons and potions in multiplayer online role-playing games to seeds and cows in online social farming games. Virtual items have value, and are purchased and sold by game players for real money in the real world. Although the current annual U.S. market for trade in virtual goods is estimated in the billions of dollars, and sales are expected to continue to grow at a rapid pace, the legal status of such goods remains completely uncertain. Four possibilities of the status of virtual goods include no legal significance, personal property, services and intellectual property. I will consider each in turn.

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