03/03/10Reebok sued over 'Finish Strong' New Orleans Saints T-shirtsThe New Orleans Saints' Super Bowl-winning season has led to a trademark dispute involving the team's unofficial 2009 motto and two manufacturers of athletic wear. In a suit filed in Chicago federal court, Finish Strong claims trademark infringement by Reebok International, which manufactured and marketed a T-shirt using the "Finish Strong" mantra that Saints quarterback Drew Brees adopted during the 2009 NFL season.Source: Associated Press via USA Today
03/01/10Random House Sets Out to Apply Storytelling Skills to VideogamesRandom House, eager to cash in on the lucrative videogame business, has set up an in-house team to create original stories for videogames and provide story advice for games in development. The book publisher, a unit of Germany's Bertelsmann AG, has started looking for a buyer for two original projects, one a fantasy adventure and the other a horror thriller. Each of the proposed games has a cast of characters, suggested stories, and an analysis of the type of gamer in mind. Source: Wall Street Journal
03/01/10Lacroix Brand Signs String of DealsChristian Lacroix SNC, reduced to a licensing operation last December following a bankruptcy filing, is back on the move. Although couture and ready-to-wear operations were shuttered, the Lacroix name will soon enter four new product categoriesSource: WWD
02/27/10Lights, Camera, Calculator! The New Celebrity MathFilm and television producers might want to bring a spreadsheet to their next casting meeting. To help decide which celebrity is the best choice for a film role or product endorsement, entertainment and marketing executives can tap into a host of numbers to gauge public figures' star power. So many, in fact, that the numbers leave a dizzying portrait of who's hot and who's not.Source: Wall Street Journal
02/26/10KIDS LICENSING FORUM fast approaching!Kids Licensing Forum
The European Kids & Brands Licensing Event
Bologna, 23rd-25th March 2010
Bologna Fair Centre - Hall 31 - Piazza Costituzione Entrance
The Kids Licensing Forum becomes a Fair!
Organized since the 2008, the Kids Licensing Forum, featuring exhibits of the main licensing agencies/licensors and presentations of the newest in children’s licensing, has become the main event based in Italy on licensing business. Following this growing success, the Kids Licensing Forum will be developed in a 3-day event, to be held in the same days of the Bologna Children’s Book Fair.
Source: Press release
02/24/10Harry Potter plagiarism lawsuit could be billion-dollar case, says claimantPublishers could face legal action worldwide over claims that JK Rowling stole ideas for Harry Potter from a British author's book called The Adventures of Willy the Wizard.
The estate of the late Adrian Jacobs yesterday added Rowling as a defendant in a case originally filed in June against Bloomsbury Publishing, Potter's UK publisher, for alleged copyright infringement.
Max Markson, a PR executive representing the estate, told the Guardian the addition of Rowling's name to the action opened up the possibility of multi-jurisdiction action.
"We believe that she [Rowling] personally plagiarised the Willy the Wizard book. All of Willy the Wizard is in the Goblet of Fire. We now have a case which is not just against Bloomsbury."
Markson, who was a friend of Jacobs, said Rowling was added to the lawsuit after it was learned that the statute of limitations to sue her had not run out as previously thought. She is named in the suit under her married name of Joanne Kathleen Murray.
"I estimate it's a billion-dollar case," Markson said. "That'll be the decision of the courts, obviously."
Rowling denies the claims. "I am saddened that yet another claim has been made that I have taken material from another source to write Harry. The fact is I had never heard of the author or the book before the first accusation by those connected to the author's estate in 2004; I have certainly never read the book," she said in a statement.
"The claims that are made are not only unfounded but absurd and I am disappointed that I, and my UK publisher Bloomsbury, are put in a position to have to defend ourselves. We will be applying to the court immediately for a ruling that the claim is without merit and should therefore be dismissed without delay."
The suit claims Rowling's book Harry Potter and the Goblet of Fire copied substantial parts of Jacobs' 36-page book The Adventures of Willy the Wizard – No 1 Livid Land. The plagiarism claims stem from both Willy and Harry being required to solve a task as part of a contest, which they achieve in a bathroom assisted by clues from helpers.
Jacobs' estate also claims that many other ideas from Willy the Wizard were copied into the Potter books. Goblet of Fire was the fourth book in Rowling's series and was published in July 2000. No 1 Livid Land was published in 1987.
According to Markson, Jacobs had sought the services of the literary agent Christopher Little, who later became Rowling's agent.
Jacobs was a solicitor and accountant who lost heavily in the 1987 stock market crash. He suffered a stroke soon after and was bankrupted for a second time in 1991. He died in a London hospice in 1997, Markson said.
"Willy The Wizard is a very insubstantial booklet running to 36 pages which had very limited distribution. The central character of Willy The Wizard is not a young wizard and the book does not revolve around a wizard school," Bloomsbury said last year.
"The claim was unable to identify any text in the Harry Potter books which was said to copy Willy the Wizard."
Markson said the plagiarism allegation concerned the story plot rather than the words. The Jacobs estate is seeking legal advice on whether the Harry Potter films and soon-to-be-opened Harry Potter theme park breach copyright law.
In 2007 Rowling and Warner Bros, which made the Potter films, sued the publishers of the Harry Potter Lexicon, an encyclopaedia of the series. A shortened and modified version of the lexicon was published last year.Source: The Guardian
02/24/10 Malice in Wonderland: Burton's film has become pawn in bitter battle between studios and cinemasWith its red carpet, parking for limousines and baying fans behind crowd barriers, the Odeon Leicester Square has long been the venue of choice for film executives wanting to bring the full glitz of a Hollywood premiere to Britain.
Tomorrow evening will be no exception when a host of stars, including Johnny Depp and Anne Hathaway, parade before the cameras for the first showing worldwide of the next would-be 3D blockbuster, Alice in Wonderland.
What makes the unveiling of director Tim Burton's latest project unique is that, barring an unlikely last-minute change of heart, the gala showing at the Odeon Leicester Square is the sole occasion on which the multi-million pound film will be seen at any of the 834 screens operated by Britain's largest cinema chain.
Odeon & UCI, which operates more than 107 sites in the UK, confirmed yesterday that it is boycotting Alice in Wonderland because of a row with the film's maker, Disney, over how long they will be allowed to show the movie before it is released on DVD. Odeon, whose decision could cost Disney between £10m and £40m in lost revenue, will not be showing the film in its Irish or Italian cinemas either.
It may seem like just a squabble over whether cinemas should be given rights to show a movie for 17 weeks – as Odeon demands – or 12 weeks – as Disney is seeking to achieve. But there is a far more fundamental dispute that goes to the heart of the ability of the Hollywood studios and their $65bn (£42bn) industry to make enough money to survive.
A mixture of piracy and the economic downturn has reduced DVD sales in Britain by about 10 per cent and in the US by 13 per cent. One studio, MGM, is facing a fall in America from $140m in 2007 to a projected $30.4m for 2010. According to one industry estimate, the global loss in revenue from DVDs to Hollywood could be as much as $14bn by the end of 2010.
But with cinema ticket sales booming, does this matter? In Britain last year, admissions grew by almost 10 million to 173.5 million – more than triple the 1984 figure of 54 million – despite prices which can be as much as £20 per person in the premium seats of a West End cinema. The problem for Hollywood is that DVD sales make up 50 per cent of income from every film made. Only 20 per cent comes from their share of ticket sales.
One UK-based studio source told The Independent: "The industry has allowed itself to become over-reliant on income from DVD sales. When those sales go down, all the red lights start flashing and we need to find new ways of reversing that decline. One key problem in the digital age is to ensure that those DVDs get to the market quicker and, I have to admit, Disney is leading the way. This is a fight we have to win, even if we get a bloodied nose from loss of sales."
The result so far has been a split between Britain's cinema operators as Disney seeks to use its 3D flagship Alice in Wonderland, which stars British actors including Burton's partner Helena Bonham Carter and comedian Matt Lucas, to set a new three-month gap between cinema and DVD release for some of its films.
While Odeon, which is owned by Terra Firma, a private equity company that also counts troubled EMI among its assets, has gone along with a "gentleman's agreement" between cinemas and studios to set the gap at 17 weeks, Cineworld, the UK's second-largest chain, has struck a deal with Disney to show Alice in Wonderland for 13 weeks. Steve Wiener, the firm's chief executive, said he did not want Cineworld customers to miss out on "such a visual spectacle" after the success of James Cameron's Avatar.
Vue, the third-largest operator, is understood to have initially sided with Odeon but last night reached an agreement with Disney to put the film on for "around 13 weeks" from its general release on 5 March. The same debate is being played out across Europe and North America. The four largest cinema chains in the Netherlands are refusing to show Alice in Wonderland while in the US only one of the major "exhibitors", Regal Entertainment, has so far agreed to carry the film.
Odeon points out that while the DVD release "window" has dwindled from six months to 17 weeks in the last decade, it has had to spend large sums of money on upgrading to digital technology. The chain is also concerned that if it surrenders to Disney's demands, a 12-week release will become the norm and film-lovers will choose not to go out to see the latest movie, because they know that a DVD version will soon be available.
An Odeon spokesman said: "The negative impact on cinema attendance will threaten the continued existence of many cinemas, especially smaller and medium-sized cinemas, which are often important parts of the fabric of communities."
Disney says it only wants the 12-week window for two or three films a year. Bob Chapek, the president of distribution for Walt Disney Studios, said: "We think this is in the best interests of theatre owners, because a healthy movie business is good for them and allows us to invest in high-quality, innovative content."
Nick James, editor of Sight and Sound magazine, said: "Disney and the other studios are desperate to narrow the window in which pirates can get hold of a film. That is why they are prepared to force the issue with Alice in Wonderland, even if it costs them as much as £40m in lost sales in Britain. By their next release they want to have a gap of 12 weeks. The problem is that there is no guarantee the cinema chains will give in."
Source: The Independent
02/19/10Disney Invites 'Goths' to the Party Disney, the company that created "the happiest place on earth" and cornered the market on pink, is embracing a darker aesthetic as it reaches out to an unlikely audience for new merchandise: female "goths." In the run-up to the March 5 opening of director Tim Burton's movie "Alice in Wonderland," Walt Disney Co.'s consumer-products division is aiming its marketing firepower at young women and teenage girls, particularly those who gravitate to darkly romantic entertainment like the "Twilight" series. Source: Wall Street Journal
02/09/10N.C.A.A. Fails to Stop Licensing Lawsuit A district court judge in San Francisco on Monday denied the N.C.A.A.’s motion for dismissal in a class-action lawsuit headed by the former U.C.L.A. basketball star Ed O’Bannon. The ruling leaves the N.C.A.A.’s licensing contracts open to discovery. O’Bannon’s lawyers filed the antitrust suit in July, claiming that former athletes should be compensated for the use of their images and likenesses in television advertisements, video games and on apparel.Source: The New York Times
02/08/10Major League Baseball sues trading card company Upper DeckNEW YORK, Feb 1 (Reuters) - Major League Baseball has sued Upper Deck Co, accusing it of trademark infringement for using its logos on trading cards without permission.Source: Reuters
02/05/10Claiborne Sued by Licensee Over Penney's DealA Liz Claiborne Inc. outerwear licensee has filed a $100 million breach of contract lawsuit over the company’s exclusive deal with J.C. Penney Co. Inc. The Levy Group Inc., which has held the license for Liz Claiborne rainwear since 1997, filed the complaint in New York State Supreme Court in Manhattan on Jan. 21. In October, Liz Claiborne announced that Penney’s would have exclusive rights to sell its namesake brand starting for the fall. The Levy Group alleged in the lawsuit that the deal will “destroy” the business it has spent more than 10 years developing by taking the brand out of better retailers and ultimately tarnishing the reputation of the trademark.Source: Women's Wear Daily
02/03/10A Bathing Ape Signs Licensing Deal With SanrioMove over Pharrell Williams. Music and streetwear impresario Nigo has a new creative partner: Hello Kitty.
The designer behind the cult brand A Bathing Ape has just struck a licensing deal with Sanrio, the parent company of Hello Kitty, to develop its Baby Milo character into a range of novelty items and accessories. But the companies’ partnership could conceivably extend well past vinyl tote bags and plush toys.Source: Womens Wear Daily
02/03/10Think You Know China? Eight Things Foreigners Get WrongAs a public service, here's a thoroughly idiosyncratic, non-comprehensive list of the eight most common misunderstandings about China. Source: Advertising Age Daily
02/03/10View from Vegas: Licensing out of ‘deep freeze’While the economy hasn’t fully recovered from the beating it took over the past 18 months, the mood at the recent Sports Licensing & Tailgate Show in Las Vegas was decidedly upbeat, perhaps because retailers were suffering long before other sectors.Source: Sports Business Journal
02/02/10Card Co. Sued AgainBaseball card maker Upper Deck is facing a major league lawsuit. Major League Baseball sued the Carlsbad, Calif., company, accusing it of using the league's logos without permission and distributing unauthorized lines of trading cards.
Source: New York Post
02/02/10Barbie-Makeover Architect Joins Jones ApparelRichard Dickson, the general manager credited with making Mattel Inc.'s Barbie doll brand fashionable again, is leaving the toy maker for a position that puts him in line for a shot at chief executive of New York clothing manufacturer Jones Apparel Group Inc. Source: Wall Street Journal
02/02/10US toy industry stays stable in 2009, tween sector growsIt looks like the US toy industry did not suffer as much as other sectors in 2009. The NPD Group has released year-end figures, showing toys generated US$21.47 billion in retail sales, down less than 1% from 2008 numbers.Source: Kidscreen Daily
01/29/10Wal-Mart Reorganizes, Strikes Deal With Li & FungSweeping organizational changes are coming to Wal-Mart U.S., from its stores to its apparel sourcing. In a flurry of developments Thursday, Wal-Mart Stores Inc. said it is realigning its U.S. organization and redefining the way it procures merchandise, which includes consolidating an initial $2 billion of its $300 billion product budget under Hong Kong-based manufacturing giant Li & Fung.Source: Women's Wear Daily
01/29/10NFL says it has exclusive rights to 'Who Dat' Count the National Football League among the growing members of Who Dat Nation. After all, they own the phrase -- or so they say in cease and desist letters sent out to at least two local T-shirt retailers earlier this month.Source: The Times-Picayune (New Orleans)
01/26/10Root For Home Team With MLB Stadium Grass SeedThe lawn-care company Scotts Miracle Gro has signed a deal with Major League Baseball under which fans will be able this summer to buy grass-seed blends to match those used at some of their favorite ball parks. John Price, a brand manager for Scotts, says the differences in ballpark grass tends to be more dramatic in different parts of the country.Source: National Public Radio
01/20/10The N.F.L. Is Squeezing Discounters Over Apparel Howard Faber has been selling official N.F.L. jerseys, hats and sweatshirts online for more than a decade. His business includes about $200,000 worth of all brands of apparel in a warehouse near Detroit. As with many online stores, Faber’s modest profit targets allow him to offer steep discounts. The N.F.L. frowns on this and is essentially cutting off Faber and other small-scale online discounters. In a letter sent this fall, the licensing division of Reebok, the exclusive distributor of N.F.L.-licensed apparel, notified Faber and hundreds of other online retailers that they would have to reapply for the right to continue selling the N.F.L.’s valuable game day line of jerseys, hats and other apparel modeled on what players and coaches wear.Source: The New York Times
01/20/10Jessica Simpson Teams With Jones New YorkJessica Simpson is another step closer to building her billion dollar brand. The singer-actress and the Camuto Group, which holds the master license for Simpson’s brand, have signed a long-term licensing deal with Jones Apparel Group Inc. to develop, design, produce and distribute a full jeanswear collection under the Jessica Simpson name. The collection, which includes denim jeans, knit tops, jackets and skirts, will launch in about 1,000 department store doors in July.
Source: Women's Wear Daily
01/18/10Don’t just reach for the starsConsumers are attracted to celebrity endorsed products and many want to see more local stars being used, but there is rowing cynicism of their blanket use and of personalities having multiple brand deals.Source: Marketing Week
01/18/10Avatar Wins Golden Globe
Avatar won the Golden Globe for Best Motion Picture Sunday. The victory cements Avatar’s front-runner status in the Oscar race, as award season pundits place the picture at top of the heap, ahead of The Hurt Locker, Up in the Air and Inglourious Basterds.
Avatar auteur James Cameron also picked up the Best Director Golden Globe for helming the 3-D blockbuster about planet Pandora. Giving a shout out to the film’s cast in what was presumably the alien Na’vi language, Cameron thanked his motion capture team in a brief speech. Cameron beat Kathryn Bigelow (The Hurt Locker), Quentin Tarantino (Inglourious Basterds), Jason Reitman (Up in the Air) and Clint Eastwood (Invictus) in the category.
Robert Downey Jr. won the Best Actor trophy for his re-invention of Sherlock Holmes. Christoph Waltz picked up the Best Supporting Actor award honoring his performance as a Nazi in Inglourious Basterds.
The Hangover won top prize in the Best Comedy or Musical category.
Source: wired.com
01/15/10Christmas 2009: UK Retail winners and losers
Britain's retailers will be issuing festive trading updates throughout January. Follow who has won and who has lost on the high street this year with The Guardian's interactive guide
Source: The Guardian
01/14/10Video game joy ride ends; December uptick of 4% not enough to counter 8% drop for 2009The video game industry eked out a 4% sales gain in the U.S. last month, rising to $5.32 billion as shoppers snapped up nearly 2.8 million copies of Call of Duty: Modern Warfare 2 published by Activision, according to a report released this afternoon from NPD Group. For the year, video games, consoles and accessories took in $19.66 billion in retail sales, down 8% from 2008. Throw in $538 million in PC sales, which dropped 23% last year, and the total hits $20.2 billion. That's down 8.6% from $22.1 billion in 2008, which was a record year for the industry.Source: Los Angeles Times
01/14/10Judge Rules on Joseph Abboud Name UseA federal judge ruled Tuesday that Joseph Abboud can use his name for commercial purposes, but only up to a point. In an order handed down in U.S. District Court in Manhattan in Abboud’s long-standing legal battle with JA Apparel Corp., Judge Theodore Katz found that Abboud’s future use of his name in advertisements and other marketing materials must qualify as “fair use” and laid out in detail how that might look.Source: Women's Wear Daily
01/12/10NRF Panel Bullish on Holiday 2010For America’s retailers, Christmas 2010 won’t be a bonanza, but it will be appreciably better than Christmas 2009. That was the upbeat forecast springing from the National Retail Federation’s annual convention Monday, at a super session on “Recasting Retailing: New Rules and Opportunities.”Source: Women's Wear Daily
01/12/10Geek Meets Chic: Fashion Video Games Target Female CustomersGet ready for Michael Kors and Heidi Klum, video game heroes. They don’t carry Uzis, kill monsters or zoom along city streets in souped-up hot rods. Their game focuses on something that can be more dangerous and filled with intrigue: fashion. Kors and Klum are figures at the cutting-edge of an emerging effort to tap into what is seen as a major new frontier for the $20 billion, testosterone-driven U.S. video game industry: 18- to 25-year-old women.
Source: Women's Wear Daily
01/12/10Walmart pulling jewelry cited in AP cadmium reportFederal and state watchdogs opened a new front Monday in the campaign to keep poisons out of Chinese imports, launching inquiries into high levels of cadmium in children's jewelry while Walmart pulled many suspect items from its store shelves. A day after The Associated Press documented the contamination in an investigative report, the top U.S. consumer safety regulator warned Asian manufacturers not to substitute other toxins for lead in children's charm bracelets and pendants.Source: Associated Press (as seen in The Boston Globe)
01/12/10Will global X Factor pay?Sir Philip Green and Simon Cowell finally went public last week in GQ, revealing plans to take The X Factor talent-show format global with an internet TV venture staged in Las Vegas. The idea is to air two shows a week, which 40m fans could watch online on a pay-per-view basis.Source: Marketing Magazine
01/12/10Lingerie Licensing Gets More PrecariousThe challenging economy, price-conscious consumers and retail consolidation have made licensing a designer or lifestyle brand in the lingerie sector more difficult in the last year, executives said. As a result, fewer first-time licensors are shopping the industry for deals, and the majority of established designer and national brand name licensees are sitting tight on existing agreements, focusing on enhanced quality and design, brand image, on-time deliveries, competitive pricing and solidifying retail partnerships.Source: Women's Wear Daily
01/11/10More high street retailers report Christmas sales riseA new set of trading updates today have shown that retailers across the market had a bumper Christmas, with specialists in big brands thriving alongside bargain outlets.Source: The Guardian
01/07/10Antitrust Case Has Implications Far Beyond N.F.L. Is the National Football League a single entity, or a collection of 32 teams that compete against one another every week? The question forms the core of an antitrust case that will be heard by the United States Supreme Court next week. How the court rules could shake some pillars of sports law by reshaping the definition of a sports league, which would in turn affect professional leagues, teams and players, as well as the constellations of companies that do business with them.
The roots of the case, American Needle v. National Football League, date to 2000, when the N.F.L. chose Reebok to become the exclusive provider of its licensed apparel. The league determined that the 10-year, $250 million deal would generate more money than the agreements it had with American Needle and others.Source: The New York Times
01/05/10Wave of U.S. Store Closings Seen as Firms ReshapeIs another big shoe about to drop? As Macy’s Inc. on Tuesday revealed it’s shutting down five units over the next two months, there’s been growing speculation other chains will soon chime in with their own announcements of closures after digesting 2009 results and determining which units performed and which didn’t.Source: Women's Wear Daily
12/24/09Lego, Refocusing on Bricks, Builds on ImageMaker of Classic Construction Toy Uses Movie Tie-Ins, Cost Cuts to Help Drive Sales and Profit Even as Market ShrinksSource: Wall Street Journal
12/23/09Iconix Expands Reach Into EuropeIconix Brand Group Inc. has set its sights across the Atlantic. In a move to increase the brand management firm’s international reach, the company said it is launching Iconix Europe, its third overseas venture in a little more than a year, in partnership with London-based The Licensing Company.
Source: Women's Wear Daily
12/18/09CPSC delays testing regs to 2011The U.S. Consumer Product Safety Commission said today that it will extend a stay of enforcement on testing and certification on toys and other children’s products as it works towards accrediting more testing labs. It also approved a new policy on component part testing.Source: Playthings
12/17/09Spendthrift to Penny Pincher: A Vision of the New Consumer The economy appears to have begun recovering after the worst recession in half a century. But businesses ranging from shoemakers to financial services to luxury hotels don't expect American consumers to return to their spendthrift ways anytime soon. They see consumers emerging from the punishing downturn with a new mind-set: careful, practical, more socially conscious and embarrassed by flashy shows of wealth.
Much as the 1930s shaped the spending habits of an entire generation, many companies now anticipate a shift in consumer behavior that persists even after jobs and growth get back closer to normal.Source: Wall St. Journal
12/16/09The Consumer Product Safety Improvement Act: Five Steps You Need to Take Before February 2010Susan DeRagon of Specialized Technology Resources (STR) writes about steps that should be taken to assure compliance with the The Consumer Product Safety Improvement Act (CPSIA), which she calls "the most comprehensive overhaul of consumer product safety rules since the Consumer Product Safety Commission (CPSC) was established more than 30 years ago." Source: Promotional Products Business
12/16/09'Avatar' takes Mattel into uncharted toy territoryLA Times interviews Jason Horowitz, the marketing director for Mattel, whose company is taking James Cameron's sci-fi epic to the toy aisles with hopes that it can be the king of the jungle this holiday season.Source: Los Angeles Times
12/08/09How licensors are working with the food and soft drinks sectorScheduling requirements and content regulations restrict advertising in different ways, based on composition of the food or drink, content of advertising, type of media, and timing of transmissionSource: licensing.biz
12/03/09Lamborghini opens its first stand-alone U.S. retail boutiqueCar aficionados and their expensive toys were out in full force tonight, but no, it wasn’t at the L.A. Auto Show. Branching out from its roots as an exotic car maker, Automobili Lamborghini unveiled its first U.S. stand-alone retail boutique with a grand opening party at Westfield Topanga shopping center.Source: Los Angeles Times