August 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.
Read MoreBY OLIVER HERZFELD, FORBES IP COUNSEL, JUNE 25, 2013 - In a prior article, I reviewed the laws of trademark licensor liability for injuries caused by defective licensed products. In a similar vein, the recent case of Gibson Guitar v. Viacom presents an excellent opportunity to review the laws of licensor liability for a licensee’s infringement of a third party’s trademarks.
Read MoreJune 18, 2013, New York, NY., - Leading global brand licensing agency and consultancy, Beanstalk, has partnered with celebrity chef and restaurateur, Wolfgang Puck, to extend his brand into additional food, beverage and other complementary categories. Beanstalk will leverage Wolfgang Puck’s association with natural, artisanal and delicious food to bring product to the grocery aisle that uses high-quality, innovative and predominantly organic ingredients.
Read MoreJune 17, 2013, London, U.K., – Authentic Spanish tapas bar and dining destination La Tasca today announced plans to extend the brand into mainstream retail distribution across the UK, working with leading global brand licensing agency Beanstalk. Starting with extension in key food categories inspired by head chef Antony Bennett’s most popular dishes, Beanstalk will also be looking for licensing partners for La Tasca in non-food classifications such as cookware, publishing and gift items.
Read MoreJune 17 2013, London, U.K., – Iconic American music lifestyle brand, Fender, today announced plans to expand its licensing footprint in Europe, working with prominent global brand licensing agency, Beanstalk. Building on Fender’s iconic identity as pioneers of all things music, including the rock-n-roll revolution, Beanstalk will seek to secure agreements with best-in-class licensing partners to create high quality, music-centric products that reflect consumers’ passion for music and the Fender brand.
Read MoreJune 17, 2013, New York, NY., – Chiquita Brands and The Jel Sert Company have partnered in a licensing agreement to launch Chiquita Fruit Bites, a great tasting fruit snack. Chiquita is a market leader in the global distribution of bananas with one of the most recognized produce brands, offering nutritious, high-quality fresh and value-added food products. Jel Sert is a leading manufacturer of freezer bars, diet drinks, gelatins, puddings and frozen desserts.
Read MoreJune 14, 2013, New York, NY., – Beanstalk, a leading global brand licensing agency and consultancy, has been appointed as the exclusive licensing agency for prominent sweet treat making company, Wilton Enterprises, based in Woodridge, IL.
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