Bob Dylan's Latest Gig: Making Whiskey

In late 2015, an unexpected name popped up in the liquor industry press: Bob Dylan. A trademark application for the term “bootleg whiskey” had been filed under Mr. Dylan’s name. Among those who noticed the news was Marc Bushala, 52, a lifelong fan and a liquor entrepreneur whose bourbon brand, Angel’s Envy, had just been sold for $150 million. Mr. Bushala said he immediately spent weeks “obsessing over this concept of what a Dylan whiskey could be.”

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'Blurred Lines' Decisions Offer Lessons For Advertising Agencies Using Sound-Alikes

The U.S. Court of Appeals for the Ninth Circuit recently upheld the district court's decision finding Robin Thicke’s and Pharrell Williams’ chart-topping 2013 hit "Blurred Lines" infringed the copyright on Marvin Gaye's song "Got To Give It Up." The Ninth Circuit also upheld the district court’s award of more than $3 million in actual damages, $5 million in infringer’s profits and a continuing royalty of 50% of future songwriter and publishing revenues generated from the song.

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Cabbage Patch Kids Provide A Wake-Up Call On License Contracts

When trademark licensors grant a licensee exclusive rights to manufacture and sell licensed products, they often reserve the right to engage in negotiations with one or more potential replacement licensees during a certain period of time before the conclusion of the exclusive license agreement.

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The Power of Licensing #4: R.I.P. TRU? Maybe, Maybe Not

March 22, 2018 | Are we about to say farewell to Geoffrey the Giraffe, the Toys R Us mascot?  Are we never again to be serenaded by the jingle “I’m a Toys R Us kid”?  Or is this just adieu (until we meet again)? Toys R Us filed for liquidation on March 15, 2018, seeking to shutter its 735 stores and sell off its inventory. 

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The Power of Licensing #3: Brands Can No Longer Stay On The Sidelines. Case In Point: The Gun Debate

March 5, 2018 | When a brand takes a position on an important issue, that position becomes associated with not just the core product or service of the licensor, but the licensed products as well. We need to understand how and why brands often feel compelled to take a stand. That brings me to The Power of Licensing #3.

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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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