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LICENSING INFORMATION AND IDE AS TO BE T TER YOUR BUSINESS
2nd LIMA Symposium To Offer Strategies and Insights On
“How To Collaborate In The New Retail Environment”
Brand owners, manufacturers and anyone who provides services to retailers are confronted with an
often confounding array of challenges in getting their products onto merchants’ shelves and selling floors,
and maximizing the sell-through opportunity once they get there.
LIMA’s 2nd Annual Retail Symposium on Wednesday, October 10 at The Yale Club in New York, presented in association with the Terry J. Lundgren Center for Retailing at the University of Arizona, is a
comprehensive day-long event aimed at tackling issues critical to retail
Please turn to page 4
S E P T E M B E R
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WHAT’S INSIDE
Legal Corner:
Trademarks and Parody
Page 2
A Look at Australia’s Retail
Apparel Sector
Page 3
In Memorium: Jack Weissman
Page 3
Licensing Career Stories:
Steve Fowler
The Licensnig Shop
Page 5
Upcoming Events
Page 6
Upcoming Webinars
Page 7
Welcome New Members
Page 9
Keynoter Paco Underhill
Neil Friedman
Martine Reardon, Macy’s
www.licensing.org
Legal Corner
The Joke Is On You – Or Is It?
The Parody Defense to Trademark Claims
By Nancy C. Morgan
Greenberg Glusker Fields Claman & Machtinger LLP
At the Licensing Show last June, several booths had products poking fun at
the names of famous brands. This is not
uncommon. Back in the 1980s, my cousin
John used to have a red shirt featuring the
distinctive white Coca-Cola logo that has
been in use since the 1880s. But on closer
inspection, the name on John’s shirt was
“Cocaine,” not that of the famous drink.
John always had a sense of humor. And
so do many entrepreneurs today. Trademark
owners, on the other hand, do not typically
find the use of their names and logos in
such contexts to be amusing.
The tension between the differing viewpoints has resulted in a considerable body
of case law where trademarks owners have
claimed that making fun of their property
constitutes trademark infringement or dilution. Courts deciding this issue have come
out on both sides.
No infringement – It’s a Joke
Parody is another way of saying that
there will be no infringement because
there is no likelihood of confusion between
the defendant’s products and those of the
trademark owner. The ordinary consumer
will get the joke.
When Louis Vuitton went after a line of
“Chewy Vuitton” dog products, the court
rejected the claim, finding that no reasonable person would confuse dog pillows et
al. with the expensive goods made by the
French couturier. A New York federal court
similarly told designer Tommy Hilfiger to essentially lighten up after he tried to prevent
the selling of “Tommy Holedigger” pet perfume products.
Humor will be more obvious if the products differ in tone and concept. The pro-
2
ducer and licensing agent for “Miami Vice”
sought to stop a company from selling
“Miami Mice” t-shirts, which depicted a
cartoon parody of the television series.
Although several factors leaned towards
confusion, the court found the look and feel
of a t-shirt featuring two comical mice was
not that of “an intensely serious cop show.”
The rationale underlying such cases is
that businesses seeking the national spotlight must accept a certain amount of ridicule, as the First Amendment allows such
ridicule in the form of parody.
Coke Gets the Last Laugh
Sometimes the joke is not always obvious. Coca-Cola, in fact, got an injunction
barring sales of an “Enjoy Cocaine” poster
in 1972 because some persons thought
Coke sponsored it. Coke’s evidence included testimony from a television news director who had received calls from irate members of the public, all of whom attributed
the poster to Coke and voiced disapproval
over the perceived drug endorsement.
The case was a close call, because most
people got the joke. What tipped the balance in Coke’s favor was that the mockery cast its products in a negative light.
Snorting cocaine can lead to serious consequences whereas inhaling pet perfume
does not. When a product is directly tied to
something lethal or immoral, the defendant
will have a harder time asserting a parody
defense.
This is particularly the case where the
trademark owner alleges a dilution claim
based on sexual connotation. The view in
such cases is that the trademark owner’s
image stands to suffer harm because the
When Louis Vuitton went after
a line of “Chewy Vuitton” dog
products, the court rejected the
claim, finding that no
reasonable person would
confuse dog pillows et al. with
the expensive goods made by
the French couturier.
Please turn to page 9
www.licensing.org
International View
Fashion Sector in Australia Deals with Change
By Tony Bugg
LIMA Australia
The Fashion sector in Australia continues to grapple with enormous change, both
in purchasing habits by the consumer and
the arrival of a growing number of global
brands on our shores. This sector in Australia is rumoured to be worth some Aus$12
billion dollars (US$12.7 billion).
With anchor retailers in centres such as Myer, David Jones,
Target, Big W and others also
dealing with cautious consumers,
it is no surprise that the opportunity for new fashion brands with
fresh looking stores and different
Please turn to page 8
Licensing Hall of Fame Member Jack Weissman, 84
Jack Weissman, a long-time licensing industry veteran and member of the
Licensing Hall of Fame, passed away in
New York on September 5 from complications of M.D.S., a blood disease.
He rose from a Kitty Kelly Shoe store
manager in Chicago to Executive VP of
Ideal Shoe, a division of J.M. Fields, a
national chain. In 1970, he started his
own company, Marketing Footwear Associates (M.F.A) in Cherry Hill, NJ with
his nephew, Dick Weissman. Credited as
the originator of character licensing in
footwear when he obtained the licensing rights for the Peanuts characters,
he soon became known throughout the
industry as “Mr. Snoopy.” M.F.A. became an international business and also
licensed “E.T,” National Football League
footwear, Pac-Man slippers and Budweiser athletic footwear.
In 1974, he started Butterfly Originals,
a licensed children’s accessory company
with international distribution of more
than 40 licenses of Snoopy/Peanuts, The
Muppets and Pac-Man. He was also a
principal in a licensed school supply com-
3
pany, Plymouth Inc.
He sold M.F.A., then went on to create
Marketing Licensing Associates (M.L.A)
with a partner, Robert Rowan. He was
elected to the Licensing Hall of Fame in
1999.
One of the highlights of his personal life
was the delight he took as “Santa Claus”
in the annual Philadelphia Thanksgiving
Day Parade, a role he played for almost
two decades, growing his own beard for
the part! All year round he was known as
“Santa Jack.”
He is survived by his wife of 37 years,
Joyce Mantyla, two children and a granddaughter.
A memorial service will be held Sunday, September 23 at the Community
Church of New York, 40 East 35th Street
at 2pm.
In lieu of flowers, contributions may be
made to the Two Ten Footwear Foundation, 1466 Main Street, Waltham, MA
02451, attn: Jack L. Weissman Memorial
Scholarship Fund. Donations can also be
made on line at www.twoten.org.
Save the Dates
LIMA Networking Events
LIMA Autumn in New York Reception
Wednesday, Sept. 19, 5:30-7:30 p.m.
Vic & Anthony’s
New York, NY
flip New York Networking
Wednesday, Oct. 3, 5:30-7:30 p.m.
The Liberty
New York, NY
LIMA Global Networking Party at
Brand Licensing Europe
Wednesday, Oct. 17
The Bentley
London, England
3rd Annual LIMA
Night of Networking in Columbus
Thursday, Nov. 15, 5:30 – 7:30 p.m.
Buckeye Hall of Fame Grill
Columbus, OH
LIMA DC Networking Reception
Thursday, Nov. 29, 6:00 – 8:00 p.m.
Fado Irish Pub
Washington, DC
Twin Cities Holiday Party
Wed., December 5, 5:30 – 7:30 p.m.
McCoy’s Public House
St. Louis Park, MN
For more information on these and all
other events, go to
http://www.licensing.org/events/
www.licensing.org
LIMA Retail Symposium CONTINUED FROM PAGE 1
success.
Noted retail authority Paco Underhill,
Founder and CEO of Envirosell, the consumer behavior research and consulting firm,
and author of Why We Buy: The Science of
Shopping, will deliver the luncheon keynote
address.
Every session will delve into the issues
critical to achieving success in today’s re-
tail environment, shedding light on winning
strategies and dispelling myths about what
it takes to build programs that resonate
with consumers.
In his keynote presentation, Underhill
will provide compelling insights, insider observations and revealing anecdotes that attendees can turn into winning action plans.
LIMA Chairperson Maura Regan will
moderate the day’s opening session featuring Neil Friedman, former President of Toys
R Us and of Mattel Brands, who will discuss
the process of selling to kids as a licensor,
licensee and retailer. The 2012 LIMA Retail
Symposium is $495 for LIMA members and
$795 for non-members For more information (including speaker bios) and to register,
visit www.licensing.org/events/2012-lima-
Agenda (subject to change)
• 8:30 a.m. – Networking Breakfast
• 9:00 a.m. – In the Studio with Neil Friedman -- A 360 Degree
View of the Process of Selling to Kids as a Licensor, Licensee and
Retailer. Moderator: Maura Regan, Sesame Workshop
• 9:50 a.m. – The Things You Need to Know When Presenting
and Positioning Your Brands at Retail -- A practical approach
and checklist to ensure you provide the best first-look at your
ideas and consider the ‘fit’ for any retailer. An insider’s look
at strategies that work, and techniques to avoid the sure-fire
ways to mess it up. Learn how to interpret how the retailer
curates their space, and to identify a true opportunity. Speakers: Ruby Anik, Retail Marketing Expert and Char Keefer,
Senior Retail Marketing Strategist, American Express
• 10:45 a.m. – Eight Mistakes You Can’t Make with Retailers in
2013 and Beyond -- As retailers expand their reach through
new format launches, acquisitions and social and digital
forays, the destinies of licensors, licensees and agencies are
being transformed. Hear about the eight mistakes that you
can’t afford to make as retailers evolve into much more than
merely distribution points for brands and products. Speaker:
Carol Spieckerman, newmarketbuilders
• 11:30 a.m. – Break
• 11:45 a.m. – The Real Deal on Private Brands -- What Leading
Retailers are Betting on– Is it just Private Label or Licensed
Properties that Resonate? Private labels are a threat to most
independent brand holders, but what are retailers really betting on? Panelists will explore several collaborative models of
licensing, and where the opportunities may lie seasonally, in
test stores online and in which channels of trade. Speakers:
Bill Cross, Broad Street Licensing Group; Peter Dixon, Prophet
Branding; and Mary Rachide, Consultant
• 12:40 p.m. – Luncheon Keynote: Paco Underhill, CEO and Found-
er, Envirosell – Author, Why We Buy: The Science of Shopping
will speak on “The State of Retail and Industry Trends”
• 2:00 p.m. – Stand-Out Merchandising Strategies -- Today’s in-
novation in merchandising. How can you make your product
pop on the shelf? Panelists will give advice and examples of
what retailers are looking for in product packaging, and will
share their visions and standards for packaging and in-store
presentations to include innovations in sustainability, POP
displays, brand blocking, strategic category adjacencies and
more. Speaker: Raymond Nadeau, Creative Director, Brune
Advertising
• 3:00 p.m. – Multi-Channel Marketing Strategies to Drive POS
from the Retail Shelf -- Learn from experts in multi-channel
direct marketing current best practices to avoid markdowns
and promote sell through, along with digital strategies that
support a brand’s relevance to retailers and consumers alike.
Speaker: Fern Lee, CEO, THOR Associates
• 3:50 p.m. – Break
• 4:00 p.m. – Retail as Theater: The Resurgence of Event Market-
ing and Retail-tainment -- After years of clutter–clearing and
sanitizing, themed events, retail-tainment and seasonal pop
up stores are back on the retail scene. How can you leverage the newly-active retail theater to extend, energize and
launch new products and bring out the best in your brand
and entertainment properties? Moderator: Martine Reardon,
Chief Marketing Officer, Macy’s. Speakers: Christina Norsig,
CEO/Founder, PopUpInsider, and Martha Van Gelder, Terry
Lundgren Center, University of Arizona
• 4:50 p.m. – Program Recap: A wrap-up of key take-aways
from the day. Speaker: Carol Spieckerman
• 5:00 p.m. - Networking Reception
4
www.licensing.org
LICENSING CAREER STORIES
Steve Fowler
President
The Licensing Shop
Toronto, Canada
What were the career moves that brought you to the licensing business?
I started my business career as a computer programmer in a large insurance company.
I was somewhat lost being one of six hundred coders and uninspired about our resulting
products, so as a survival mechanism I quickly developed a unique niche as a resource goto guy. I felt there had to be better ways to develop so much code; that led to researching
software coding tools - which was ultimately all about licensing technology to improve
programmer performance.
The companies that created these tools were incredibly innovative and inspired, which
was very appealing to me. I found I could talk to the coding geeks who had solutions to
problems, but they couldn’t necessarily convey that solution to companies that didn’t know
they had problems. Both parties could benefit significantly by these tools and I was the
conduit that could connect them - essentially being a sales and support guy.
So I moved to Silicon Valley in the early 1980s to work for a start-up company to license
coding tools to Fortune 500 companies. After the first two start-ups I worked for became
publicly traded companies, I wanted to do something a little different than licensing
technology to major banks and insurance companies.
The personal element that was missing in my career was my love of music and ability to
express creativity in a technology environment. As I was doing a little soul searching, I was
approached to join 3DO -- a stealth video game project within a major corporation which
wanted to revolutionize home entertainment by licensing its hardware technology to major
electronics companies and license its software technology to independent video game
companies and studios. This was an opportunity to work with the world’s best technology
gurus and amazingly creative individuals. I rose through the ranks and ultimately became
President of the International division, based in London, while maintaining an Executive VP
role of business development in the San Francisco headquarters.
My role included the licensing out of our technology to entertainment companies as well
as licensing in musicians, athletes, TV shows, movies and brands. I did that for nearly 10
years and, as it was my third Silicon Valley start-up that went public, it was time to take a
breather and do something on my own without having hundreds of employees beneath me
and a board of directors and public shareholders above me.
I spent some time consulting with entertainment companies and helping them navigate
the burgeoning digital technology arena with licenses and shortly thereafter decided to put
my own shingle out and started The Licensing Shop Inc. in 2006.
What’s a “typical” day in your current position?
Being a boutique agency, I need to wear several hats, but my enjoyment comes from
selling something as vague as intellectual property and working it until it becomes a
physical product on a shelf or a virtual good online.
I make sure that I put calls out to partners and potential licensees every day. My typical
day has me on email in the early morning hours for overseas, the phone for the most part
of the business day and back on email in the evening. And somewhere in between being
on a plane visiting licensors, retailers and licensees. But
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5
“I don’t really see a lot
of new challenges for our
business and, in fact, I think
we have growth opportunities
-- from the emerging markets
internationally and the fact
that we can be more in control
of getting our brands in front
of consumers through digital
platforms.”
www.licensing.org
LICENSING CAREER STORIES CONTINUED FROM PAGE 5
my typical day changes dramatically four times a year when it’s time to collect quarterly
royalty statements and payments and turn around payments back to our clients. Although
we have a great financial bookkeeping team on the job, it is something that I personally
oversee and manage on behalf of our clients.
What’s the most challenging aspect of your job? How do you address that challenge?
It’s probably very similar for all independent agencies. We just don’t know how our hard
work will pan out. Ultimately, you sell licensees, you sell retailers and you try to make
sure you have the best possible licensing program at the best possible time but at the end
of the day, none of us really know if consumers are going to want it against a very busy
competitive environment. For a commissioned agent, that’s tough because you will not see
your return on investment of time, energy, travel, sales materials, etc. We address it by
having a diverse portfolio of brands and being diligent in not taking on too many properties
at a time.
What’s your favorite part of your job?
Going to our mail box in early November to see how we did in Q3! I’m known to be
skipping to the bank daily from November 1 through 15.
But seriously, my favorite part of my job is delivering for our clients. Ultimately nothing
makes me feel better than getting a pat on the back when we help our clients to reach
their licensing objectives. Most of our clients know how challenging and competitive it is
in our industry and for many of them they love to see the tangible results of something they
created from a different medium launch into the world of licensed products.
What are the most significant trends or changes in the business in recent years?
Most significant is the new digital platforms and how they are driving brand awareness
and fast-tracking consumer demand. For example, Angry Birds seemed to come out
of nowhere and, within a matter of weeks, kids (my son in particular) were wanting
t-shirts, plush, backpacks, etc. The life cycle seems to be much shorter than traditional
entertainment-based brands but everyone is embracing that reality and preparing to ramp
up fast and get out clean. If you are opportunistic and understand the timelines, there is
great potential.
Much in line with this idea is the new ‘flash-retail’ concept where product designs are
only available online for 24-hours. So while five years ago, a common question used to be,
“who’s the TV broadcaster and is it being stripped in a good time slot”, now it’s often about
the digital platform and quantitative evidence of online traffic, number of downloads, etc.
What are the biggest challenges facing the licensing business in the next three years?
I don’t really see a lot of new challenges for our business and, in fact, I think we have
growth opportunities -- from the emerging markets internationally and the fact that we can
be more in control of getting our brands in front of consumers through digital platforms.
We have a client who is going to bypass TV and fast-track digital shorts for YouTube
within a three-month time line from start to finish. We have another client who is developing
content for one of the biggest online e-commerce sites in the world. The challenges we
had before were about not being in control of our brand at a critical stages of launching a
licensing program. We have more control to drive our business through direct means now.
What advice would you give to students or young professionals wanting to pursue a
career in licensing?
Licensing is all about patience and perseverance, yet having the ability to be agile and
Please turn to page 8
6
UPCOMING EVENTS
LIMA Autumn in New York Reception
9/19
Vic & Anthony’s, New York, NY
www.licensing.org/events/view/949/
Fall Toy Preview
10/2-10/4
Dallas Market Center, Dallas,TX, USA
www.toyassociation.org
flip New York Networking
10/3
The Liberty, New York, NY
www.licensing.org/events/view/952/
LIMA Retail Symposium
10/10
The Yale Club, New York, NY, USA
www.licensing.org/events/view/828/
New York Comic-Con
10/11-10/14
Javits Center, New York, NY
www.newyorkcomiccon.com
High Point Furniture Market
10/13-10/18
International Home Furnishings Center High Point, NC US
www.ihfc.com
Brand Licensing Europe
10/16-10/18
Olympia, London, UK
www.brandlicensing.eu/
Licensing Market
11/12
Hotel Bayerischerhof - Munich, Germanyhttp://www.
www.licensing.org/events/view/853/
www.licensing.org
LIMA Breakfast Roundtables
Upcoming LIMA webinars
October 3: How to Get the Best Out of Trade Shows
Presenters: Kelvyn Gardner, LIMA UK; Ian Downes, Start Licensing
With the Autumn trade show season almost upon us, it’s time to take stock and prepare to get the best out of them. For the international visitor or exhibitor, trade shows
require considerable financial and physical investment. On the eve of Brand Licensing
Europe 2012, we’ll show you how to maximise return from your attendance at this and
other fairs.
October 24: Fact-Based Forecasting
Presenter: Jim Lewis, Founder and CEO, Enhanced Retail Solutions
Whether you’re a brand owner or licensee, you need to understand the art and science of forecasting. Learn to more accurately project future needs by integrating both
hard data points (wholesale inventory, Point Of Sale data) and soft data points (seasonality, trends, execution). Use analytics to organize and rationalize your sku’s to optimize
your wholesale inventory and ensure your buyer doesn’t run out of stock. New item/
brand/license forecasting techniques will be discussed as well.
November 1: Licensing in Russia
Presenter: Paul Tush, Managing Director, Plus Licens Russia
This session is aimed at those interested in expansion and business towards the
growing CIS market. Russia and the CIS offer opportunities indeed - if you get it right.
Plus Licens shares its experiences in Russia and Ukraine, offering do’s and don’ts when
dealing with Russian and Ukrainian licensees, how to achieve success, and how to manage in the post-Soviet business culture. It also will give insight into the CIS retail and
consumer markets and the social media scene.
All LIMA webinars are free to members, $99 per line to non-members. For more information, and to sign up, go to http://www.licensing.org/education/webinar-series/
LIMA International Representatives
In addition to LIMA’s offices in the UK, Germany, Hong Kong (for Southeast Asia) and
Japan, we are represented in the following countries and regions by representatives who
are knowledgeable about the licensing business in their areas. Feel free to contact them.
Australia
Tony Bugg
[email protected]
+61 (03) 9769 7922
India
Gaurav Marya
[email protected]
+91 (11) 40665555
Korea
Mr. Kyeongwon Kwak
[email protected]
+82 70 8670 0156
Italy
Roberta Nebbia
[email protected]
+39 02 89690434
Iberia
Jana Robles
[email protected]
+34 93 325 32 87
“New” Europe
William Krnjak
[email protected]
+ 38 5 1 6608 232
7
www.licensing.org
Australia C O N T I NUED FROM PAGE 3
fashion looks are setting up in Australia.
The likes of Gap, Zara and Top Shop out
of the UK are already trading in Australia,
and from all accounts are securing market
share. Zara have secured large sites in both
Sydney and Melbourne and Top Shop have
recently opened a large store in the Jam
Factory in Sth Yarra (an inner Melbourne
suburb)
The U.S. fashion brand Hollister is also
set to launch in Australia in 2013.
Local retailer Country Road is looking to
acquire Witchery and Ojay a chain of 22
stores in Australia, which was founded in
1976, has recently entered into Administration. This highlights the changing face of
retail all around the world.
One local retailer who appears to be doing well here is T Bar. This brand, which is
T Bar (below) is a local chain, driven totally
by T-shirts, that appears to be thriving.
based on expression, is T-shirt-only-driven
and offers a quality product both online and
in stores across the country. They also have
a store in Singapore.
Online retailers continue to take hold,
though it was recently reported that the
current bricks-and-mortar retailers including Myer, David Jones, Big W and Target
are well positioned over the next 5 years
to leverage their existing store locations to
help drive their online offerings.
A Sydney based company, Girl PR, is
setting up a showroom for online retailers
to showcase their wares. This is another
emerging trend.
Peter Alexander, a local fashion retailer
who specializes in pyjamas, has recently
partnered with Disney to launch a fantastic Minnie range, and with Warner Bros. to
launch Wizard of Oz.
In a word, “competition” is fierce in fashion.
A Sydney based company,
Girl PR, is setting up a
showroom for online retailers
to showcase their wares.
Career Stories CONTINUED FROM PAGE 6
move very quickly. I heartily recommend to try to get experience on all sides of licensing
- work for a licensor, work for a licensee, work in an agency. It gives you a much greater
appreciation of the other side at the negotiation table.
Any advice for mid-career professionals looking to expand their competencies?
Consider being truly entrepreneurial. While the risks are great, the rewards can be
astounding! And get out there and meet people. It can’t always be about email.
8
www.licensing.org
WELCOME NEW MEMBERS
www.nyx.com
Peter Boder, United Labels AG
Ciarán Coyle, Beanstalk
Dell Furano, Live Nation Merchandising
Elias Hofman, Exim Licensing
Liz Kalodner, CBS Consumer Products
Bettina Koeckler, Rainbow S.p.A.
Susie Lecker, Fisher Price Brands
Marty Malysz, Dependable Solutions, Inc.
Sara Nemerov, Warner Music Group
Carla Peyton, BBC Worldwide Americas
Maura Regan, LIMA Chairperson, Sesame Workshop
Jennifer Richmond, Richmond Management Group
Charles Schnaid, Miller, Kaplan, Arase & Co., LLP
James Slifer, The Joester Loria Group
Cheryl Stoebenau, CAS Marketing
Rick Van Brimmer, LIMA Vice Chair,The Ohio State U.
Peter Yoder, Cartoon Network Enterprises
Save the Ta-Tas
LIMA East Coast Representatives
Aadarsh Pvt. Ltd.
Creacon Entertainment
MiCoolBagz Ltd.
Story & Co.
www.aadarsh.com
www.creacon.no
http://beingpatient.blogspot.com
www.thomasbrezina.com
Manish Rajoria
Linda Vabo
Michael Seres
Stefan-Ludwig Guggemos
BHCC Group, LLC
Haynes & Company
MiniMonos Limited
The Entertainment Store
www.bhccgroup.com
www.haynesandcompany.com
http://minimonos.com/wb/content/
home
www.entertainmentstore.com
Mark Presser
Elizabeth Haynes
Bin Weevils Limited
Ice Water Press Pty Ltd
www.binweevils.com
www.icewaterpress.com.au
Amelia Johnson
Jane Curtain
www.bluetrellis.com
www.jpattonondemand.com
Pete Reyes
Clip Ltd.
Licensing Unlimited LLC
www.clipdisplay.co.uk
www.licensingunlimited.com
Paul Runacres
Karen Sahetya
Confecciones Metro SA
NYSE Euronext
Troy Sussman
The Lion Forge LLC
Marsha Wilkes
www.thelionforge.com
VF Jeanswear
Shelley Peters
www.vfc.com
Jen Wu
Julia Fikse
www. savethetatas.com
Lionsgate
Camilo Saman
Niemann International
GmbH
www.niemann-int.com
JPatton
Bobbie Hunnicutt
Barbara Kells
Robert Niemann
Blue Trellis
LIMA Board of Directors
Paula Kupfer
www.lionsgate.com
Legal Corner C O NTINUED FROM PAGE 2
association between a famous mark and lewd sexual activity defiles the former and reduces its commercial value. Ben & Jerry’s got a restraining order earlier this month against
the distribution of a collection of pornographic films under the “Ben & Cherry’s” label with
such titles as “Boston Cream Thigh” and “Hairy Garcia.” In contrast, a true parody will
be so obvious that a clear distinction between the mark and the defendant’s use will be
preserved.
It is important to note that in trademark law, nothing is an absolute – infringement and
dilution claims involve the determination of many factors, not all of which are discussed
above. But in short, parody is more likely to provide an out where the subject matter is
light, the overall look and feel is different and the defendant uses the mark to make a clever play on words rather than to suggest an association with the trademark owner. When
the humor in the accused work is not obvious, or when the humor is directed to something
tawdry or depraved, a court is more likely to find that the parody defense does not apply.
Nancy C. Morgan, a Partner in the Litigation Group at Greenberg Glusker Fields Claman & Machtinger LLP, specializes in intellectual property litigation involving copyright,
trademark, trade dress, false advertising, right of publicity and trade secret disputes. Her
practice includes advising clients on issues pertaining to infringement, copyrightability,
licensing, ownership and business contracts.
Now Available
Janee Howard
Amber Janis, M Style Marketing
Diania Merriam,The Licensing Company
Lewis Stark, EisnerAmper
Jessica Wichard, The Joester Loria Group
LIMA West Coast Representatives
Leslie Buhler, Paradox Entertainment
Jennifer Cooper, 20th Century Fox Consumer Products
Gregory Economos, Sony Pictures Consumer Products
Lindsay Friedman, Activision Publishing
Marc Mostman, MOST Management
LIMA General Counsel
Gregory J. Battersby, Grimes & Battersby LLP
LIMA Staff
Charles Riotto, President
Adam Berg, SVP, Membership & New Business Development
Martin Brochstein, SVP, Industry Relations & Information
Louise Q. Caron, VP, Member Relations
Mary Verdegaal, Director, Operations
Christina Attardo, Director of Marketing
Leah Hunter, Director of Finance & Administration
Heike Winner, Managing Director, LIMA Germany
Kaori Taniguchi, General Manager, LIMA Japan
Tani Wong, Managing Director, LIMA China
Kelvyn Gardner, Managing Director, LIMA UK
THE BASICS OF LICENSING:
How To Extend Brand and Entertainment Properties for Profit
By Gregory J. Battersby and Danny Simon
Endorsed by LIMA
9
For information, go to BasicsofLicensing.com
www.licensing.org