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auGust 2011 Vol. 6, No. 4

Features 22

maGIC: a Brand new approach to Fashion by Jennifer Lynch

24

maGIC: product presentation by Jennifer Lynch

26

nonprofits Look to strategic Deals as Contributions Flag by Chris Adams

28 Cause-related Licensing: product presentation

by Chris Adams

Departments 4 6 8 10 12 14 16 18 20 30 32 34

Observations & Opinions The Ticker Real Deal Essence of Style On the Radar Royaltie$ Marketplace: The Borgias Mavericks in the Market: Ethan Wayne, John Wayne Enterprises Industry Outlook: Bankruptcy and Licensing Industry Outlook: Relaunching Power Rangers in Israel You’re Hired! Calendar of Events Endcap

ON THIS PAGE (FROM THE TOP): Hybrid and Animal Planet launched an apparel program in June for Animal Planet’s Shark Week. The men’s and boys’ T-shirts from the line will be on display at MAGIC. Saban’s Power Rangers brand is relaunching around the globe. Here’s a look at how it’s being positioned in Israel. Votto Vines offers a line of The Borgias-branded wines for fans. It is imported from the northern Italian region of Veneto. The Wildflower Group represents The Girl Scouts licensing program. Shown here is Friendly’s Thin Mints Cookies Ice Cream Cake. ON THE COVER: CBS/Showtime’s series The Borgias offers an extensive licensing program; John Wayne Enterprises creates a licensing program; Disney D-Signed CeCe and Rocky collection from the series Shake It Up is available exclusively at Target. COVER BY DESIGN EDGE


www.aNbMedia.com

PUBLISHER ANDY KRINNER ANDY@ANBMEDIA.COM

ROYALTIE$ BRAND SHOWCASE MEDIA EVENT A SUCCESS; 2012 EVENT IN PLANNING STAGES by Andy Krinner

O

n July 26, aNb Media hosted the first-ever Royaltie$ BRand ShowcaSe at The Altman Building in New York City. The four-hour media-only event was a success and year two is already being planned. More than 40 brands from almost every category of licensing were represented, including Lysol, Tour de France, Jeep, HillBilly Brand, Discovery’s Animal Planet, The United Way, The Appalachian Trail Conservancy, Lizard Lick Towing, Nickelodeon, The Boy Scouts of America, Mattel Brands, Chuggington, and many more. Both traditional and new media (such as bloggers) were given the opportunity to meet and talk with licensing executives about their respective brands and the merchandise that will be available for gifting in the fourth quarter. The press turnout was tremendous and included Access Hollywood, ABC News, the New york Post, Good Housekeeping, The Today Show, Gifts.com, Seventeen Magazine, SmartMoney.com, iVillage.com, Parenting Magazine, and Business Week just to name a few. Opening remarks were given by yours truly and former senior vice-president of marketing for LIMA, Jennifer

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Coleman. Attendees were given an overview of the licensing industry including retail facts and figures (provided by the licensing letter) as well as some of the trends we at Royaltie$ predict consumers will see at retail this holiday season. Following their visits with the exhibitors, attendees were then treated to a gifting suite allowing them to take back to the office many of the products that were on display at the event. Special guests included Yuko Shimizu, creator of Hello Kitty and designer of the new iconic character, Rebecca Bonbon; Claudia Gold, the artist/designer behind boutique brand Claw Money; and Victoria Kann, author of the best-selling book series Pinkalicious. Exhibitors were in agreement that having the chance to speak directly to the media was a great opportunity and something that has been lacking in the licensing industry. aNb Media and Litzky Public Relations are planning the second event already. The target date is the week of July 23, 2012, for Royaltie$ BRand ShowcaSe 2012. A specific date and further information on how to get involved will be announced shortly.

ASSOCIATE PUBLISHER BOB GLASER BOB@ANBMEDIA.COM ADVERTISING MANAGER DONNA MOORE DONNA@ANBMEDIA.COM CONTROLLER MARY GROGAN MARY@ANBMEDIA.COM EDITOR IN CHIEF JIM SILVER JIM@ANBMEDIA.COM EDITORIAL DIRECTOR NANCY LOMBARDI NANCY@ANBMEDIA.COM CONTRIBUTING EDITOR CHRIS ADAMS CHRISA@ANBMEDIA.COM EDITOR AT LARGE CHRISTOPHER BYRNE CHRISB@ANBMEDIA.COM EDITOR LAURIE LEAHEY LAURIE@ANBMEDIA.COM ASSISTANT EDITOR JENNIFER LYNCH JENNIFER@ANBMEDIA.COM WEB MASTER ERIK KIECKHAFER ERIK@ANBMEDIA.COM WEB CONTENT MANAGER BRENDAN SANABRIA BRENDAN@ANBMEDIA.COM CONTRIBUTORS MIRI DALIZKY; RICHARD R. BERGOVOY; OLIVER HERZFELD; MATT NUCCIO, MATT@DESIGNEDGE.NET PUBLIC RELATIONS REPRESENTATIVE JOSSLYNNE WELCH LITZKY PUBLIC RELATIONS, 320 SINATRA DR., HOBOKEN, N.J. 07030 (201) 222–9118 EXT. 13 • JWELCH@LITZKYPR.COM

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229 WEST 28TH STREET, SUITE 401, NEW YORK, NY 10001 PHONE: (646) 763–8710 • FAX: (646) 763–8727 Royaltie$ is published six times per year by aNb Media. Copyright 2011 aNb Media. All rights reserved. No part of this publication may be reproduced or transmitted in any form, or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without written permission from the publisher. Printed in the U.S.A. Royaltie$ is a registered trademark of aNb Media. Opinions and comments expressed in this publication by editors, contributing writers, or solicited or unsolicited documents are not necessarily those of Royaltie$ management.


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Jakks Named master toy LiceNsee

for

meN

iN

BLack 3

Jakks pacific, Inc., has entered a worldwide master toy licensing agreement with sony pictures consumer products, Inc., to manufacture, distribute, and market a line of toys and products based on the 3-d action comedy Men in Black 3. the agreement, which covers the Men in Black franchise, includes action figures, accessories, playsets, roleplay, youth electronics, novelties, games and puzzles, Halloween costumes, and more. the Men in Black 3 product line is expected to launch in spring 2012 to coincide with the film’s May 25, 2012, worldwide release.

sereNdipity 3 to Get LiceNsiNG proGram Alloy entertainment (Ae), the creators and executive producers of Gossip Girl, Vampire Diaries, and Pretty Little Liars, has hired sarah duBois Miller to spearhead licensing efforts for new york city’s upper east side dessert spot serendipity 3 as well as existing and future Ae properties. Initial target product categories for serendipity 3 include confectionary, health and beauty, publishing, kitchenware, novelties and, of course, dessert.

LiceNsiNG Vet LieBmaNN starts owN aGeNcy caryl liebmann, a seasoned industry veteran with more than 20 years experience, has established liebmann licensing, an entertainment licensing agency specializing in product development, brand management, licensing, retail, and business development. liebmann licensing has signed the American Grammy Award-winning musician prodigy, half of the hip-hop duo Mobb depp, for licensing and branding, and is already in discussions with manufacturers for licensing.

NickeLodeoN GaiNs BroadcastiNG riGhts to moNsuNo Jakks pacific, Inc., dentsu entertainment usA, and fremantleMedia enterprises (fMe) entered a global content distribution deal with nickelodeon for worldwide broadcast rights to the new original animated entertainment franchise Monsuno. nickelodeon will launch the series on its channels in the u.s., latin America, the uK, key european and eastern european territories, Australia and new Zealand, India, southeast Asia, Russia, and Africa. the Monsuno series will first launch in the u.s. on nicktoons and in select english-speaking countries.

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ROYALTIE$ BRAND SHOWCASE On July 26, aNb Media hosted the first-ever ROYALTIE$ BRAND SHOWCASE at The Altman Building in New York City. The four-hour media-only event featured more than 40 brands such as Lysol, Scholastic, Jelly Belly, Tour de France, Jeep, HillBilly Brand, Discovery’s Animal Planet, The United Way, The Appalachian Trail Conservancy, Lizard Lick Towing, Nickelodeon, The Boy Scouts of America, Mattel Brands, Chuggington, and many more. The press turnout included Access Hollywood, ABC News, The New York Post, Good Housekeeping, The Today Show, Gifts.com, Seventeen Magazine, SmartMoney.com, iVillage.com, Parenting Magazine, and Business Week just to name a few. Andy Krinner, publisher of ROYALTIE$, and Jennifer Coleman, licensing expert, gave opening remarks. Pictured here are just some of the tables before the event got underway. Next year’s event, scheduled for late July, is already in the planning stages.

Yuko Shimizu, creator of Hello Kitty and designer of the new iconic character Rebecca Bonbon, is pictured with ROYALTIE$ editorial director Nancy Lombardi. Pictured above is Victoria Kann, author of Pinkalicious.

ROYALTIE$ AUGUST 2011

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One entertainment SignS new SOccer LicenSeeS One Entertainment, the North American licensing agency for Manchester United, FC Barcelona, and Juventus, has signed the first North American partnerships for the brands. The first wave of licensees includes: Adjmi Group/IFG (men’s apparel), Wincraft (gift and novelty), Rhinox Group (accessories), Gamewear (bracelets), Fathead (wall décor), and Stay Chilled (can koozies).

nBcUniverSaL, Legacy interactive, and gLyphic entertainment NBCUniversal announced it has partnered with casual game publisher Legacy Interactive and developer Glyphic Entertainment, LLC for the release of House, M.D. – Globetrotting, the first of five game episodes adapted from the television series, for the Nintendo DsiWare. New game episodes, based on the TV show will be released monthly. House, M.D. is licensed through Universal Partnerships & Licensing on behalf of NBCUniversal Television Consumer Products Group.

heineken USa and nma grOUp Heineken USA has selected NMA Group as its entertainment marketing agency of record. This marks the first time Heineken USA will have one agency represent its entire brand portfolio, which includes Heineken, Heineken Light, Dos Equis, Newcastle Brown Ale, Amstel Light, Tecate, and Tecate Light. NMA Group will lead all entertainment initiatives within film, television, talent, and entertainment public relations for the brewery and work collaboratively with Heineken’s internal entertainment marketing team in New York.

american greetingS prOpertieS and LiLLipUt American Greetings Properties has signed its first deal in India for the Holly Hobbie brand. The deal will bring Holly Hobbie toddler and children’s apparel and accessories to the 250 Lilliput Department Store locations throughout India this November.

new reBecca BOnBOn gLOBaL LicenSeeS Sign On FremantleMedia Enterprises has signed new global licensing deals for the Rebecca Bonbon brand. In Brazil, licensees include BIC for back-to-school stationery products and Clio Style for backpacks, bags, key rings, pencil cases, make-up bags, and laptop cases. BIC products will launch this September and Clio Style products will follow in 2012 at the Couromoda market. In Europe, the Middle East, and Africa (EMEA), French licensee Avenir Telecom will develop a line of 17 mobile phone accessories, including protective covers, cases, and stickers. Avenir Telecom also holds licenses for laptop, tablet, and computer accessories. Products will be available in more than 30 countries throughout EMEA beginning this month.

Big idea inkS new veggietaLeS deaLS Big Idea Entertainment has inked new deals for VeggieTales across key categories, including floor and tabletop cardboard playsets from Box Creations, GigglePOD interactive kid’s video booths from Primary Leisure Global, and removable wall décor from Brewster Home Fashions. Additional deals include Golden Chair (children’s furniture) and DayWind (karaoke CDs). The new products began rolling out this summer.

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HIT EnTErTaInmEnT SIgnS DEalS for THomaS & frIEnDS HIT Entertainment signed three new deals for Thomas & Friends. SG Footwear, a division of SG Companies, will produce Thomas & Friends footwear, expected to launch this fall. ABG Accessories will produce Thomas & Friends-themed headwear, rainwear, umbrellas, and cold weather outerwear for spring 2012. LF USA, a subsidiary of Hong Kong-headquartered multi-national Li & Fung Limited, was named the new master apparel partner for Thomas & Friends. LF USA currently produces Thomas & Friends sleepwear. The new deal will expand its licensing rights to the property. New LF USA merchandise is expected to launch spring 2012.

DIScovEry KIDS SIgnS nKoK NKOK will develop a collection of branded radio-controlled and interactive products inspired by Discovery Kids. The line will include radio-controlled stunt vehicles and the Shooting Robo Warrior Robot. NKOK will also release a line of Discovery Kids non-R/C products including Trace-n-Draw Projector, Space Coaster Construction Rollercoaster, Sewing Machine, and Space Ship Laser Tag. Product will be available at toy, mid-tier, and mass retailers throughout the United States and Canada beginning this fall.

EnTErTaInmEnT onE anD fISHEr-PrIcE Entertainment One (ETO) signed a deal with Fisher-Price to create a comprehensive toy line based on Peppa Pig, the animated children’s television series. Fisher-Price is the first U.S. licensing partner for Peppa Pig. ETO currently owns the distribution rights to the program in the U.S. The UK-original series launched in the U.S. on Nick Jr. in February.

WarnEr BroS., TT gamES, anD THE lEgo grouP Warner Bros. Interactive Entertainment, TT Games, and The LEGO Group have teamed up to create LEGO Harry Potter: Years 5–7 the follow-up to the LEGO Harry Potter: Years 1–4. The game will be based on the last three Harry Potter books and the final four films. It is scheduled for release holiday 2012 on Xbox 360, PlayStation 3, PSP, NGP, Wii, Nintendo DS and 3DS, and Windows PC systems. Warner Bros. Interactive Entertainment will publish the game, developed by TT Games.

ZInKIa EnTErTaInmEnT anD DE agoSTInI Zinkia Entertainment has granted the international company De Agostini the publishing rights in Italy for the Pocoyo property, based on the CGI-animated kids TV series. An extensive range of Pocoyo books, including a selection of sticker books, flap books, first reading books, and activities books, are due to hit stores in Italy starting in September. The program will be aimed at a wide demographic of existing and new Pocoyo fans.

grouPon ParTnErS WITH ExPEDIa Groupon and Expedia have joined to create Groupon Getaways, which connect consumers with high-quality Pocoyo and friends travel offers and expose shoppers to new travel suppliers brands. It offers consumers discounted travel deals from the more than 135,000 hotels worldwide that work with Expedia. The Getaways launched in the U.S. and Canada, with plans to expand to other countries. Expedia and Groupon plan to also include package deals, airline tickets, car rentals, cruises, and destination activities.

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LittleMissMatched Apparel Hydrogen’s Take on Hello Kitty Hydrogen reinterpreted its skull icon by adding the graphics of Hello Kitty and other Sanrio characters on hooded sweatshirts and T-shirts. This exclusive capsule collection of colorful, sporty-chic sportswear (part of Hydrogen’s H2S line) is for men and women.

LittleMissMatched launched a partnership with Delta Galil Industries, Ltd., a provider of intimate apparel, underwear, and socks. M!KE Licensing (formerly Stone America) brokered the multi-year licensing agreement between the two companies. Delta Galil will launch a fashion-forward collection of girls’ 4-14 loungewear, sleepwear, and intimates to midtier, clubs, and specialty channels of distribution.

Chorion Signs Global Apparel Minnie Mawi Disney Consumer Products partnered with London-based jewelry company Mawi to create a limited-edition collection celebrating Minnie Mouse, called Minnie Mawi. The collection, part of the Disney Couture jewelry line, interprets Mawi’s romantic yet industrial style in pearl necklaces with chunky opalescent hearts, enameled polka dot bows, and sleek Minnie Mouse ear designs encrusted with crystals. Minnie Mawi jewelry will be available this fall.

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Chorion expands its Beatrix Potter brand through several new international apparel deals. Chorion’s licensing agent in the Nordics, Bulls Press, secured a major global deal (excluding China) with leading fashion retailer H&M for a new range of apparel for babies and girls. The new product will start rolling out in December and will be available in all H&M stores worldwide. In the U.S., Chorion signed a deal with Headline Entertainment for a range of Beatrix Potter T-shirts. The initial launch will hit Urban Outfitters stores in the U.S. this summer. Beatrix Potter Tshirt from Headline Entertainment


New products, new deals, and new trends this month in the licensing industry.

Biltmore Estates Creates New Line of Teas, Coffee Biltmore Gourmet will expand its foods program in an agreement with Barrie House Coffee & Tea. The new line of coffees and teas inspired by Biltmore Estate will include the coffee flavors estate blend, decaf estate blend, and château noir and the introductory tea flavor English breakfast. The deal was brokered by The Valen Group. Biltmore Gourmet reflects the culinary heritage of Biltmore Estate, a national historic landmark in Asheville, North Carolina that was once home to the Vanderbilts during the Gilded Age.

Entenmann’s Signs White Coffee Entenmann’s Products, Inc., has partnered with White Coffee for its new signature collection of flavored coffees and cocoa. The new line will use 100 percent Arabica-flavored coffee and feature flavors reminiscent of Entenmanns’s baked goods. The initial range will feature the premium coffee flavors cinnamon crumb cake, hazelnut, vanilla, and chocolate raspberry. Entenmann’s cocoa will be available in regular and vanilla-flavored. The goods will be available at mass market, supermarkets, club stores, drug stores, and through food service applications this fall. The deal was brokered by Entenmann’s exclusive licensing agency The Joester Loria Group.

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MGA Signs Activision MGA Entertainment has granted Activision Publishing, Inc., the exclusive worldwide rights to develop, manufacture, and distribute videogames based on the Lalaloopsy brand and characters. The agreement covers entertainment software products across multiple platforms such as handheld, console, and connected platforms, as well as PC and mobile devices. The first Nintendo DS title is expected to debut holiday 2011.

The Party Animal The Party Animal, Inc., offers a new series of collectible toys for little sports fans, Lil’ Teammates. The three-inch figures are officially licensed with the NFL, NHL, MLB, NBA, and more than 65 collegiate teams. The Series One collection includes more than 200 figures including quarterbacks, running backs, pitchers, batters, basketball playmakers, and hockey slappers and goalies.


First John Wayne Photo Book John Wayne Enterprises has selected powerHouse Books to create the first authorized John Wayne photo book, John Wayne: The Legend and The Man. The book, set to hit shelves this fall, will feature neverbefore-seen photographs from the sets of John Wayne films and personal family photographs. It will also include a forward by awardwinning director Martin Scorsese, as well as contributions and remembrances from the late President Ronald Reagan, Ron Howard, and family members.

The Young and The Restless Fictional Brand Comes to Life A licensing deal entered between CBS Consumer Products, Sony Pictures Television, and Fusion Brands will bring the fictional Jabot Cosmestics brand from The Young and The Restless to life. In June, the show introduced story elements for the real life Jabot Cosmetics. The line will include color cosmetics and skincare products that can be purchased on www.shopjabot.com, HSN, and at Ulta retail locations.

Kidlandia Launches New App Kidlandia, an online destination for personalized entertainment and gifts for families and kids, launched its first mobile app for iPad, Kreechur Coloring. The app lets kids personalize Kidlandia Kreechurs in 24 different castle or kingdom scenes using touch screen colors. The app will launch on iPhone and iPod Touch later this summer.

Awkward Family Photos Game Game company All Things Equal has translated the popular website Awkward Family Photos into a board game that pairs clever, open-ended questions with the website’s library of classic and never-before-seen awkward family photos of bad hair, forced poses, and matching outfits. The game’s launch coincides with the launch of All Things Equal’s new website www.FamilyAndPartyGames.com. The game can be purchased on the website or at Barnes & Nobles, specialty stores, and through online retailers.

Blip Toys Signs Publishing Deal for Squinkies Line Blip Toys has granted Parragon Books multi-territory rights to develop, manufacture, and distribute a variety of publishing formats for its line of Squinkies collectible toys. The formats will include color, sticker, and activity books, books plus packs, and novelty titles. The books will feature the most popular Squinkies characters.

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CBS/SHowTiME’S by Jennifer Lynch

S

howtime’s new historical drama The Borgias seeks to demystify the infamous family whom Machiavelli once described as one in which “politics have no relation to morals.” The drama traces the history of the Borgias and how they exploited power in the Catholic church at the height of the italian Renaissance. The series begins as the family patriarch Rodrigo Borgia (Jeremy irons) bribes his way into the papacy as Pope Alexander Vi and sets the groundwork for the Borgias’ ascent to power. But, “Sex. Power. Money. Amen.”— the show’s slogan—are words it seems all the Borgias lived by, willing to do or say anything to gain influence over their enemies. Vying for Rodrigo’s attention is the mother of his children, Vanozza (Joanne whalley), and his younger mistress, Giulia Farnese (Lotte Verbeek). Cesare (François Arnaud), whom his father elevates to cardinal, hires an assassin to murder family enemies, then convinces his brother Juan (David oakes), head of the papal armies, to kill a visiting Turkish prince for money. Daughter Lucrezia (Holliday Grainger) and son Joffre (Aidan Alexander) serve as mere tools for the family to form political alliances through marriage. The 10-episode first season premiered April 3, generating 3.71 million viewers in its first week. it has already been renewed for a second season. it was created by Academy Award-winning director Neil Jordan, an executive producer on the show who directed the first two episodes. Michael Hirst, the creator of Showtime’s first historical drama The Tudors, also signed on as a writer and executive producer. The series is produced as a Canadian-European Treaty co-production, similar to Showtime’s The Tudors. CBS Consumer Products and Showtime have signed licensing deals across multiple categories that align with the style of the italian Renaissance-era drama. For example, Rizzoli international Publications will produce The Borgias-branded wall calendars in 2012 to be distributed in the U.S., Canada, the UK, Australia, and New Zealand.

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Fast Facts • Machiavelli based his ideal prince on Cesare Borgia in the political treatise The Prince. • Author Mario Puzo used the Borgias as the inspiration for his novel The Godfather. • The series is also shown in Canada on the CTV and Bravo! channels. • The Borgias has earned the best ratings out of any Showtime drama in seven years. • Lucrezia Borgia was married to her first of three husbands, Giovanni Sforza, at age 13. • Rome is recreated on the set of The Borgias in Etyek, Hungary, 18 miles outside of Budapest.


Madame Alexander Madame Alexander has launched a collection of eight- and 12-inch dolls modeled after The Borgias leading female characters Lucrezia, Giulia, and Vanozza (shown). The dolls feature the high-fashion styles of the Italian Renaissance.

Coveroo The Borgias’ fans can decorate their electronic devices with Coveroo’s customized line of The Borgias-branded mobile phone and electronic covers and cases.

Votto Vines Votto Vines offers a line of The Borgias-branded wines for fans to enjoy as they watch the show. Each bottle of red and white wine is imported from the northern Italian region of Veneto.

Marc Ecko Entertainment Fans of The Borgias can test their knowledge of the TV show through Marc Ecko’s interactive Facebook game. In the social game, players can rise through the ranks of the Borgias family to “take over” Rome and the Vatican, create their own crime family, explore a lifelike recreation of Renaissance Rome, and more.

Epic Weapons Epic Weapons has released The Borgias-inspired line of costumes and collectible replica weaponry. Costumes stay true to the Italian Renaissance period. Weaponry is modeled after the swords and daggers wielded by The Borgias characters and bear the characters’ names. Items are available worldwide.

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Ethan WaynE, John WaynE EntErprisEs by Jennifer Lynch

E

than Wayne’s mission as the president of John Wayne Enterprises is different than most celebrity licensors. For him, it’s personal. As the son of the late actor, he did not aspire to be president of the company created to protect and preserve his father’s image. His background wasn’t in business or licensing. It was in film. But when his older brother, then-president of John Wayne Enterprises, passed away, he stepped in. What he lacked in experience, he made up for in an intimate knowledge of and dedication to the company’s foundation– his father. “My life with my dad was always pretty active,” he says. “He was always engaged with friends, with family, and with the public. He was either on movie locations with stuntmen and other actors, or he was on his boat, hunting, fishing, exploring. I just didn’t get that excitement from the products we were making that I got from the man.” Ethan Wayne went to work unifying the brand’s design through new style guides and expanding its classic collectibles program. He looked to items John Wayne used in his personal life for inspiration, which often crossed the boundary between his life on- and off-screen. “He’d wear a cotton button down shirt in the film, and he may wear that offscreen when he was having dinner in town as well,” he says. “He’d keep beef jerky in the pocket of his coat when he was filming so he could just reach in and grab a little snack.” Ethan Wayne then sought out licensees to best translate these items into product. But Ethan Wayne does not view licensing

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Ethan Wayne, John Wayne Enterprises Newport Beach, CA Contact Holly Taylor at Rogers and Cowan hetaylor@rogersandcowan.com Phone: (310) 854-8115

in a traditional business sense. He won’t hand over the rights to John Wayne’s likeness, name, or image to just anyone. For him, it’s a partnership to create product that accurately characterizes his father. “If we do our job correctly, then we create high-quality pieces that people can not only collect but use,” he says. Ensuring licensees understand the vision and positioning of the brand was a main obstacle he first encountered when he joined John Wayne Enterprises. “People might not realize the depth and breadth of the story,” he says. “So they might want to kitsch things up with sheriff stars and embellishments that weren’t appropriate for our vision.” Now that the brand has tackled the collectibles category, Ethan Wayne wants to make John Wayne a global lifestyle brand. He views John Wayne as a dot in a triangle between Ralph Lauren, Carhartt, and the Sundance Catalog, which he describes as classic American brands with timeless pieces. Until he is on par with the three, John Wayne Enterprises isn’t doing him justice, Ethan

Wayne says. To ensure the brand’s integrity as it moves ahead with apparel licensees, Ethan Wayne has taken an active role in creating the apparel program. He even designed an entire apparel book using old photographs of his father to help tell his story and explain how each piece is appropriate to the brand. “I look at the guy we’re supposed to represent and I think ‘Where does he live?’” he says. “He’s not Prada. He’s not exclusive of anybody. He was there for his fans; he was there for the public. He was approachable, but he was very high quality. So if I translate that into an apparel program or a food program or a collectibles program, it’s got to be true to itself.” Being true to John Wayne is an aspect that runs deep at John Wayne Enterprises. And many of the qualities that defined him as an individual have been instilled in Ethan Wayne and the company. Throughout his life, John Wayne always made time for fans, even if it meant cutting into his personal life to do so, because he said they were the ones to thank for his success, says Ethan Wayne. Likewise, Ethan Wayne carries out the company’s goals with the same gratitude. “We represent a terrific individual,” he says. “All we need to do is remember who he was and make sure our products represent him, and if you do that, we’re going to be successful. And we’re going to be true to him.”


HANDLING TRADEMARK LICENSEES

IN

BANKRUPTCY: PART TWO

by Oliver Herzfeld and Richard R. Bergovoy

I

n the June 2011 issue of Royaltie$, we commenced our overview of the main issues faced and decisions to be made by a trademark licensor whose licensee has filed for bankruptcy. In particular, we explained that the Bankruptcy Code requires the licensee to choose whether to “assume” the license agreement (i.e., accept it in full, both benefits and responsibilities, and render performance according to its original terms) or “reject” it (i.e., terminate the agreement and excuse itself from any further performance obligations), and described what happens if the licensee seeks to assume the license agreement and the licensor consents. In this second article, we will complete our review of the remaining three possible scenarios. if licensee Seeks to assume and the licensor objects The licensor may believe that the licensee or its proposed assignee are incapable of properly performing the license agreement. One of the fundamental principles of U.S. trademark law is that a licensor must control the quality of the goods and services provided by the licensee under the licensed mark. This rule is designed to fulfill the public policy objective of consumer protection, in that trademark laws help prevent the public from being misled as to the quality of branded products and services. A prohibited “assignment in gross of a mark” or other failure to maintain quality control standards could give rise to a so-called

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“naked license” claim. The consequences of such a claim can be quite severe. In particular, “a court may find that the trademark owner has abandoned the trademark, in which case the owner would be estopped from asserting rights to the trademark.” To prevent such damage from occurring, the licensor may object to a licensee’s assumption or assumption and assignment of a license agreement on the following four grounds: 1) The license agreement was terminated prior to the bankruptcy filing. A license agreement that has been terminated prior to the licensee entering bankruptcy is no longer executory, and therefore not subject to assumption, provided that all the conditions for termination have occurred prior to the bankruptcy filing (including, in the event of a material breach, the expiration of any permitted remedy or cure periods); 2) The license agreement is not executory. If either party to a license agreement has substantially performed its material obligations under the agreement, the license may no longer be considered executory. For example, the Third Circuit recently held a perpetual, exclusive, and royalty-free trademark license entered into in connection with an asset purchase agreement to be nonexecutory, because the licensee had no royalty payment obligations, and none of its other obligations could be considered material; 3) The licensee cannot possibly fulfill its requirements for assumption, in case of a defaulted contract. In other words, the

licensee cannot satisfy its burden of proof that it is capable of promptly curing all defaults, compensating third parties for their pecuniary losses, and providing adequate assurances of future performance by the licensee or its assignee; or 4) The license agreement is not assumable and/or assignable. By its literal language, the Bankruptcy Code prohibits a debtor from assuming an agreement without the consent of the other party when the debtor does not have the explicit right to assign the agreement under “applicable law” in the absence of a bankruptcy. “Applicable law” is often, but not always, interpreted to mean state law and federal common law prohibitions on assignments of agreements that are “personal” in nature. The two courts that have directly considered the issue of when a trademark license is assignable under non-bankruptcy law concluded that non-exclusive trademark licenses are unassignable without the licensor’s consent. The first court reasoned that “the grant of a non-exclusive license is an ‘assignment in gross’ pursuant to the Lanham Act, that is, one that is personal to the assignee and thus not freely assignable to a third party.” And the second court reasoned that “copyright and trademark licensors share a common retained interest in the ownership of their intellectual property—an interest that would be severely diminished if a licensee were allowed to sublicense without the licensor’s express permission.” Other courts have permitted the transfer of trademark licenses without the licensors’


consent, but usually without full analysis of precisely what is “applicable law” as required by the Bankruptcy Code. Furthermore, as may be inferred from the statutory language above, the non-assignability of the license may impact not only the licensee’s ability to assume it and assign it to a third party but also just to assume it and continue performance itself as prior to the bankruptcy. If Licensee Seeks to Reject and Licensor Consents On the other hand, what happens if the licensee decides not to accept but rather to reject an executory license agreement? As mentioned above, an executory agreement in a Chapter 7 bankruptcy is deemed automatically rejected if the licensee does not announce its intent to assume within 60 days of the bankruptcy filing. In a Chapter 11 bankruptcy, the motion to assume will normally state that any agreements not listed as being assumed will be deemed rejected. A rejected license agreement is treated as a breach of contract effective as of the date of the bankruptcy filing, and the licensor would normally file a claim for damages on that basis. Usually, the claim will be an unsecured one, meaning that the licensor will have to stand in line with all the other general unsecured creditors and probably receive no more than the proverbial “10 cents on the dollar,” at least as to amounts due as of the bankruptcy filing date (but see below regarding post-petition amounts). If Licensee Seeks to Reject and Licensor Objects If the licensor is opposed to the licensee’s rejection, it can in theory file an

objection, but judges will usually not overturn the licensee’s decision to reject if it was made in good faith and with reasonable business judgment as to what is most beneficial to the bankruptcy estate. License Agreement Performance After the Bankruptcy Filing As mentioned above, absent a court order, usually by way of a licensor’s motion to lift the automatic stay or to compel the licensee’s assumption or rejection of an executory agreement, the licensee is permitted to exercise its rights under the license agreement after the bankruptcy filing, unless and until the agreement is rejected. An important clarification is necessary: the licensor’s prospect, as described above, between receiving 100 cents on the dollar if the licensee assumes versus only cents on the dollar if the licensee rejects, applies only to amounts owing as of the bankruptcy filing date. A different set of rules applies as to amounts due during the limbo period after the filing date, but before assumption/rejection goes into effect. Specifically, the Bankruptcy Code requires the debtor to reimburse creditors for the benefits that they provide to the bankruptcy estate during such limbo period. In the license context, this is commonly interpreted to mean that the licensee must pay all postfiling running royalties. The debtor in a Chapter 11 bankruptcy will sometimes pay post-filing royalties voluntarily, especially for a license agreement that it is planning to assume, but more often, the licensor in both Chapter 7 and Chapter 11 bankruptcies is required to file a so-called administrative expense claim for post-filing royalties.

Oliver Herzfeld is shown on the right and Richard R. Bergovoy is shown on the left.

Sometimes courts allow such claims to be filed on the same pre-printed form as an unsecured claim with no motion required, but more frequently, they require a separate motion to be filed. Since the administrative expense claim is treated as one of the most preferred of “priority” claims in business bankruptcies, the licensor will usually (but not always) receive 100 cents on the dollar, or something close to it, rather than the general unsecured claimant’s cents on the dollar. After the initial shock of the licensee’s bankruptcy wears off, licensors may realize that such an event puts them in an even better position than they were previously. But trademark licensors should retain an attorney knowledgeable about the intersection of bankruptcy and trademark law to help guide them through an arcane and specialized process and assist them in maximizing the likelihood of a positive outcome. Oliver Herzfeld is senior vice-president and chief legal officer of Beanstalk, a brand licensing consultancy that’s part of Omnicom Group. Richard R. Bergovoy is an attorney in private practice working with companies that own, sell, or license intellectual property and information technology, as well as acting as counsel in hundreds of bankruptcy cases.

ROYALTIE$ AUGUST 2011

19


Relaunching PoweR RangeRs

in

isRael 2011

by Miri Dalizky, Saban Brands Israel, Ltd.

reach kids. Now there are numerous channels, websites, apps, and social media all vying for kids’ time and attention. It’s easy to get lost in the landscape if a strong, cohesive message isn’t developed. For SBI, selling the Power Rangers in Israel offers one interesting additional hook: Haim Saban. This Israeli media tycoon left his homeland in his 20s to come to the U.S. He is behind the unprecedented success of the Power Rangers. During the success of the Power Rangers, he sold his company and it became Fox Family, which was then bought by Disney. Years later he repurchased the brand from Disney and has spent the past 18 months reestablishing Saban Brands. That (very brief and oversimplified) recap of his career has stimulated the imagination of many Israelis. A year ago, SBI relaunched in the Israeli market and the first property it had to offer licensees, once again, was Power Rangers. The following is a recap of what has been done to relaunch the Power Rangers for a new generation in Israel.

Television BRoadcasTing

S

aban Brands Israel, Ltd. (SBI) is charged with the task of relaunching the Power Rangers. A relaunch is always one of the most daunting challenges for a company to take on. A relaunch means that the marketplace already knows the brand well. But that recognition can be a double-edged sword. SBI is now talking with potential licensees, retailers, importers, and promotions companies. There is a lot of excitement surrounding the relaunch of Power Rangers. It was such a success for so long that just about everyone wants to be involved, which is a big plus for SBI. However, the challenges we now face are the vast differences in the media landscape over the past 15 years. There used to be just a few channels to choose from—and it was a guaranteed way to

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SBI sold the broadcasting rights for Power Rangers to The Children’s Channel. The new series Power Rangers Samurai airs on The Children’s Channel, which broadcasts in two platforms— satellite and cable—during prime time. Additionally, classic seasons of Power Rangers were also sold to The Children’s Channel to establish the series with today’s kids. The new season and the classic series are broadcast on The Children’s Channel network as well as its website, mobile, VOD, and SVOD. Also, the Power Rangers website (www.powerrangers.com) is being converted into Hebrew and will serve as a mini site in the portal of The Children’s Channel website.

licensees When putting together the current licensing program for the Power Rangers, we initially approached licensees who were successful with the property in the past. We are happy to report


that those licensees were more than enthusiastic to sign to represent the newest incarnation of the brand, which is Power Rangers Samurai. We are in the process of signing licensees in the following categories: apparel, footwear, board games, collectible items, publishing, and costumes for the Purim holiday, promotional campaigns, and more. Some licensees that have already been signed include Burger Ranch for a QSR deal; Brimp for sleeping bags; and Purple Cow for adhesive bandages.

T oy D isTribuTion Of course, a huge component of the Power Rangers is the toy line. To complement the new season, a new line will be distributed in Israel by Ilanit Company. This company is one of the key players in the Israeli toy category. Ilanit Company has created an allencompassing promotional plan for the product line that includes: media outreach, promotional events with The Children’s Channel, POS, synergy with other licensees, and online and social network activity directly targeted for the appropriate audience.

r eTail acTiviTy Now that the television broadcaster has been announced, the series is airing, and licensees have been signed, SBI needs to address marketing and retail initiatives. Before launching the first episode this past July, we sent newsletters to retailers

and marketers, which contained information regarding the success of the series in the U.S., broadcasts in other countries, the success of international licensees, and the buzz the series garners all over the world. All this was done to make sure that everyone is part of the global effort to make Power Rangers a success. During the third and fourth quarters of 2011, we will launch a marketing initiative with Toys “R” Us Israel. This activity will take place for a few weeks and include a celebration of collectible items, outfits, prizes, and more. It will take place during various Jewish holidays during September–October 2011.

emPowermenT for chilDren anD Teens

support the initiative: http://empower.powerrangers.com/. The goal of the movement is to provide parents and kids the tools they need to work together to grow healthy kids and support healthy communities. Power Rangers emPOWER inspires participation in schools, online, and in local communities to demonstrate the Power Rangers values in action: teamwork, confidence, health and physical activity, friendship, and caring, according to the website. The Power Rangers emPOWER Movement will expand over time to address key issues and action areas such as volunteerism and community participation. emPOWER is launching with a focus on health and physical activity, according to the site. In Israel, we worked with a children’s magazine called Young Galileo, which focuses on science, technology, and Earth science. The magazine will dedicate three special editions to the Power Rangers Samurai along with The Children’s Channel. Positioning the series together with a quality magazine will enhance the power of the brand. The collective effort by Saban Brands Israel, Ltd., supported in conjunction by the global Saban Brands, including all the partners across Israel, will be responsible for everyone saying with a smile, “Go, Go Power Rangers.”

In addition to enjoying all the fun that the Power Rangers have to offer, Saban Brands Ltd. has announced that it intends to fund an empowerment movement for children and teens. A mini site is now live to

Miri Dalizky is vice-president of marketing and licensing, Saban Brands Israel, Ltd. She can be reached at miri@sabanbrands.co.il.

P ublic r elaTions The series launched on July 3. Two weeks prior to the broadcast of the first episode, we arranged a special screening for children, celebrities, media, licensees, and retail. In addition, we have been in touch with a variety of journalists from leading newspapers and children’s magazines as well as websites. The PR plan for Power Rangers is being implemented in cooperation with The Children’s Channel.

ROYALTIE$ AUGUST 2011

21


A BRAND NEW APPROACH

TO FASHION

by Jennifer Lynch

A

s the industry prepares for another month of MAGIC, one thing has become clear about branded apparel, logo slapping is a thing of the past. Now, a successful apparel program is determined by its design statement. “Even the Disneys and the Sesame Streets of the world are moving into a more design-driven program as opposed to a character-driven program,” says Caren Calabrese, vice-president at M!KE Licensing.

Design-Driven Apparel Licensees Jem Sportswear and Freeze Clothing, which design, manufacture, and sell licensed and private label apparel, say trends in licensed apparel have become more focused on design and graphic capabilities. “Core Tees are still an important piece of the business,” says Randi Spieker, vice-president of licensing and marketing at Jem Sportswear. “But the growth has definitely been in the fashion—the embellishments, washes, and specialty printing techniques.” Through these methods, licensees are able to infuse a brand’s style into fashion in more subtle ways, such as through popular vintage and classic trends, says Josh Wormser, vice-president of licensing for brandgenuity. “We ask our licensees to develop great product that applies well to the brands we represent, rather than using brands to sell the product,” he says. For Mattel’s Monster High, Jem Sportswear focuses on the brand’s message to embrace imperfection by pairing the Skullette logo with editorial and embellishments that the Monster High cast might wear.

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ROYALTIE$ AUGUST 2011

The economy has also contributed in the move toward design-driven programs, says Tracy Bunkoczy, vice-president of design at Paul Frank. When many apparel companies went under due to the poor economic climate, it put licensees in the position to pick up the slack. Licensees are filling the void with branded apparel that uses different fabrications, washes, and graphics with the look and feel that consumers seek. “We’re seeing more and more licensed product in some of the better department stores as well as mid-tier and mass,” she says. “There’s a need for it.” Licensors seek partners that go beyond creating licensed apparel that just looks good. Both sides (the brand and the licensee) want originality. “Consumers are still willing to spend but are looking for new and innovative products,” says Melissa Moskowitz, director of licensing at Jerry Leigh, which handles licensing for HoodieBuddie.

(r-l): an outfit from Disney’s DSigned collection inspired by Shake It Up’s Rocky and CeCe, an embellished T-shirt from Jem Sportswear’s Monster High line

HoodieBuddie’s HB3 Technology hooded sweatshirts feature MP3 player connectivity through an input jack in the pocket and machine washable earbuds attached through drawstrings. “Consumers are increasingly savvy,” Moskowitz says. “To thrive in this market, a clothing brand must now offer unique design elements, and in the case of HB3 Technology, a multi-functional product.” Likewise, Hasbro unveiled an exclusive “behind-the-scenes” collection, TF3 Crew Series, featuring apparel and accessories inspired by the gear worn on the set of Transformers: Dark of the Moon. Oakley, a licensee for the line, plans to create 3-D sunglasses that emulate the technical eyewear worn by the film’s special effects editors and crew. “It’s clear that consumers are looking for the insider story on everything,” says Simon Waters, senior vice-president of global brand licensing and publishing at Hasbro. “Brands that tell a story carry more meaning for consumers . . . While many of the iconic logos, characters, and pieces of our brands become the centerpiece of a line treatment, it is often the subtle elements of the play experience that make for great ‘insider’ treatments as well.” Apparel licensees are also looking for emerging social media, gaming, and app brands to round out a portfolio. “Like everyone else, we are looking more closely at YouTube sensations and apps,” says Kim Cauley, vicepresident of licensing at Freeze. “A year


ago these properties would not really be sold outside of specialty retailers. That model has evolved, and now mid-tier department stores and mass merchants are taking notice, and so must we.”

to new audiences. So where does the conversation to build these exclusive deals start?

Losing Magic?

Previously, the semiannual MAGIC Marketplace, to be held Reigning at Retail August 22–24 at the Mandalay Bay Retailers are playing more imporand Las Vegas Convention Centers, tant roles for branded apparel as licenserved as a main venue to make sors seek licensees with distribution deals and get input from retailers. strength and licensees seek retailHowever, many say the economy exclusive lines for brands. A and dwindling retailer and big licensee’s relationship with retailers is brand attendance has taken a toll brandgenuity property Pabst Brewing Company, which includes a big determinant in whether or not on the show. MAGIC representabrands Colt 45 and Schlitz, will launch an exclusive line of apparel they will enter a deal for its propertives were unavailable to comment. at Urban Outfitters this fall. ties, says brandgenuity’s Wormser. Brands are selling to retailers in “It’s critical that the licensees we choose to The exclusivity of retail-exclusive apparel private showrooms months in advance of work with have well-established retail rela- is a factor that resonates with both consumers MAGIC, taking away their need to attend. tionships,” he says. “Otherwise, we have a lot and retailers alike. For consumers, it brings Many licensors also rely on licensees to proof nice samples to look at but no business.” designer brands to lower price points. For mote and display their brands. “It’s really a While some caution against limiting retailers, it differentiates their branded appar- showcase and not much of a selling show brands to one retailer, all say the benefits of el from competitors. “We all know retailers anymore,” says M!KE Licensing’s retail-exclusive collections (more advertis- want their own artwork, and they want to Calabrese. “It has become less important for ing, promotion, and prominent floor space) have a different look,” says Nina Leong, sen- the bigger brands and more important for the far outweigh any negatives. M!KE ior vice-president of Saban Brands. “So we do smaller brands to showcase themselves.” Licensing’s Calabrese says retail exclu- things differently for different retailers.” But Leong of Saban Brands says while the sives are also advantageous to retailers. By Bunkozcy of Paul Frank ensures the look of economy did force people to cut back, new buying into brands, retailers gain control the brand is cohesive across all tiers, while seminars and interactive events have allowed and can then source and price products bet- also providing its licensees with additional MAGIC to become a more creative forum for ter. Some examples include the Vera Wang seasonal style guides for creative guidance. companies to talk broad-stroke strategies. collection at Kohl’s or Target’s designer “We show washes, the distressed graphics, Newer areas such as Pool and Project offer collaborations, which feature limited-time and maybe we do some graphics that aren’t up-and-coming companies the chance to collections from high-end designers. traditional to Paul Frank,” she says. “So we show how they are reinterpreting product in “That’s what’s driving a lot of apparel busi- really give our licensees a lot of different more innovative ways. So while mixed feelness now, because you’re getting a brand, options.” Differentiating the look of a brand ings still reign high about the upcoming but you’re getting it almost as a private across a variety of retail channels also helps MAGIC, most licensees say it’s what is best label,” Calabrese says. build brand awareness and open the brand up financially for a brand and worth the trip.

ROYALTIE$ AUGUST 2011

23


BranDs Fashion ForwarD by Jennifer Lynch

Licensed apparel is giving consumers new ways to show their love of a brand through more design-driven styles. Subtle branding, new fabrications, technology, and printing techniques give consumers a lot more options. Below is a sampling of some of the latest branded fashion.

Disney The latest Disney D-Signed CeCe and Rocky collection features pieces inspired by the personalities and looks of characters CeCe and Rocky from Disney’s Shake It Up television series. The line, which launched August 1, features items that could easily be worn by the rock star characters, such as mix-and-match pieces with colors such as “rebel blacks,” electric green, fuchsia, and deep purple. Embellishments include sequins and studs accenting animal prints and dark mottled tie-dye. The DSigned collection is available exclusively at Target stores nationwide and Target.com.

M!Ke LicensinG Laura Ashley partnered with dress and sleepwear manufacturer Pastourelle to develop a collection of formal and casual dresses for girls ages 0–16. The collection, which hit retail this spring, utilizes the classic Laura Ashley color palettes, floral prints, and fabrics. The deal was brokered by M!KE Licensing.

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ROYALTIE$ AUGUST 2011

The JoesTer Loria Group Hybrid and Animal Planet launched an apparel program in June for Animal Planet’s Shark Week, an annual week-long event featuring programs dedicated to all things sharkrelated. Hybrid produced a line of Shark Week-inspired T-shirts, available at mid-tier and mass retailers including JC Penney, Kohl’s, Walmart, and Belk. The men’s and boys’ T-shirts from the line will be on display at MAGIC.


Jerry leigH apparel

brandgenuity brandgenuity inked new deals for Pabst Brewing Company, which includes brands such as Lone Star, Colt 45, Schlitz, Old Style, and Old Milwaukee. Licensee Primal Wear created a line of branded cycling jerseys and shorts for men and women. Pictured is a Lone Star women’s jersey from the line.

Jerry Leigh Apparel brokered a deal between HoodieBuddie and Marvel Comics to create a line of hooded sweatshirts featuring comic book heroes such as Wolverine, Spider-Man, and the Hulk. The sweatshirts for men and boys will feature HoodieBuddie’s HB3 Technology. The line is set to launch this fall. Pictured is a sweatshirt from HoodieBuddie’s current line.

Jem sportswear tHreadless Cartoon Network licensee Threadless, an online T-shirt design company, held a contest to create new T-shirts for the television brand Adventure Time with Finn & Jake. Threadless crowdsourced new designs for apparel through its online community and fans of the show.

JEM Sportswear will debut the expansion of its Glee-licensed collection of T-shirts, fashion tops, and sweatshirts into the tween market at MAGIC. The line was previously exclusive to the juniors’ market.

Hasbro As part of Hasbro’s behind-the-scenes TF3 Crew Series collection, New Era created an exclusive line of caps, inspired by those worn on the set of Transformers: Dark of the Moon. The collection launched in June at New Era’s flagship SoHo store in New York City.

ROYALTIE$ AUGUST 2011

25


NoNprofits Look to strategic DeaLs as coNtributioNs fLag by Chris Adams

I

t has been widely reported that the economy has taken a particularly hard toll on the nonprofit sector. After all, when people are living paycheck to paycheck—that is, if they’re not one of the estimated 10 percent of the U.S. population who are unemployed— belts have to be tightened and cuts have to be made. Even if people want to donate to charities, sometimes they simply can’t. This has taken a hit on the nonprofits. According to a 2010 survey called “The Effect of the Economy on the Nonprofit Sector: A June 2010 Survey,” the most recent survey conducted by GuideStar, an information service specializing in U.S. charities, 40 percent of participants in the survey reported a decrease in contributions between January 1, 2010, and May 31, 2010, compared to the previous year. Another 28 percent reported contributions had stayed about the same. The decrease in contributions has forced nonprofits to tighten their belts and to look for additional revenue streams. “On a broad scale, there are more non- above: Lemur Licensing signed a deal with Harris Farms to produce profits exploring whether they 4-H-branded animal grooming should license their brands or not,” products. says John Merrick, president of right: The Wildflower Group built Lemur Licensing, which repre- out the Girl Scouts program over sents 4-H and United Way for the past year, including signing Friendly’s for Thin Mints Cookies licensing. “Several organizations Ice Cream Cake. have already gotten into licensing, and nonprofits that haven’t gotten into licensing are seeing that.” The thing is, there is a huge difference between exploring licensing and signing actual deals. When reaching out to various nonprofit licensors, it was difficult to find organizations that were actually signing deals. However, there are some exceptions. For the most part, the nonprofits that are signing deals are cutting very targeted, strategic agreements. For instance, Harris Farms is offering a line of 4-H-licensed large- and small-animal supplies

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ROYALTIE$ AUGUST 2011

that are available in farm supply stores. These smaller deals are no small beans, though. When you figure that an organization like 4H has six million kids in the program right now with another 60 million alums, that is no small consumer base. Another strategic deal was brokered by The Metis Group for Smokey Bear and Woodsy Owl to be featured on gardening supplies and equipment manufactured by Rumford Gardener. Another area of interest for The Metis Group is electronic media and apps because the target audience for the properties is elementary kids and tweens. “The younger audience is accustomed to using electronic media for communication and entertainment,” says Libby Kavoulakis, chief executive at The Metis Group. “This brings the properties into pop culture and offers accessibility.” One of the busiest properties in the cause-related space is the Girl Scouts of the USA. The Wildflower Group signed on to represent the property a year ago. It has built out the program and is in negotiations with licensees for toys, apparel, and stationery. Of course, the revenue generated by this licensing program is a great benefit to the Girl Scouts, but it’s not the only gain. “Beyond the monetary aspects, the licensing out of nonprofit brands helps to bring awareness to their various causes, supports their recruitment efforts, and communicates a positive message to consumers through new markets,” says Michael Carlisle, principal of The Wildflower Group. Signing deals in the cause-related licensing space is as tough as it has ever been. Licensors have to be targeted and strategic when looking at potential product categories and avenues of distribution. There are still successes to be had in the category, though. Those organizations that can keep products on shelves keep their brands front-of-mind with consumers who will most likely return to their more generous ways as the economy rebounds and they can afford to give more.


cAuse-reLATeD LicensinG

by Chris Adams

Signing deals in the cause-related licensing space has been a tough task in this uncertain economy. Licensors that are signing deals are making very targeted and strategic agreements. Below is a sampling of the latest cause-related licensing news.

The WiLDfLoWer Group In the past year, The Wildflower Group signed for Girl Scouts of the USA Friendly’s for Thin Mints Cookies Ice Cream Cake; Charisma for 18-inch dolls (shown); Colorbök for kids’ arts, crafts, and scrapbooking supplies; LipSmackers for Girl Scout cookie-flavored lip balms; and Lladro for figurines.

The MeTis Group The Metis Group recently signed a deal with Rumford Gardener to produce gardening supplies and equipment for Smokey Bear and Woodsy Owl. Products include branded brass hose nozzles. The agent is in talks to add shovels and gardening kits to the deal.

MoDA LicensinG MODA Licensing represents America’s Vet Dogs, UNICEF, and the National Trust for Historic Preservation for licensing. Current licensees for America’s Vet Dogs include Vo-Toys (its Vinyl Barbells are shown) and Bil-Jac, which manufactures dog treats. Categories available for licensing the UNICEF brand include toys, books, first-aid, video games, apparel, juvenile products, software, and eyewear.

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ROYALTIE$ AUGUST 2011

LeMur LicensinG Lemur Licensing signed Harris Farms for a strategic licensing deal to offer large- and small-animal supplies, as well as some pet supplies, bearing the 4-H brand. Shown is a range of horse grooming products that are part of this line.

AniMAL pLAneT’s r.o.A.r. Animal Planet’s national nonprofit R.O.A.R. (Reach Out. Act. Respond.) campaign aims to serve as a voice for animals. The campaign currently has 30 active licensees, including MerchSource. In 2011, MerchSource expanded its licensing agreement for R.O.A.R. to include a luxury molded pet bed with accompanying blanket, a hanging dog toy organizer, and a dog toy four-pack.


Bonnier Corp. sean hoLzman, Chief Brand deveLopment offiCer Bonnier Corp. hired sean holzman as chief brand development officer. his primary responsibility is the licensing of the company’s brands, editorial, video, mobile, and television products and developing new revenue streams. he joins Bonnier from source interlink media, where he served as president of the enterprises division.

Cartoon network enterprises new Leadership team Cartoon network enterprises (Cne) enhanced the roles of John o’hara, executive vice-president, Cartoon network sales, marketing & Cne, and paul Condolora, senior vice-president, digital & Cne for turner’s animation, young adults, and kids media. Both will now jointly oversee the Cne teams in atlanta, Los angeles, and new York. erik resnick, vice-president of home entertainment, and pete Yoder, vice-president of consumer products, will continue in their respective roles and leadership oversight. Christina miller has been promoted to senior vice-president and general manager of nBa digital, while continuing her role as senior vice-president of turner sports strategy/marketing/promotions. she will step down as senior vice-president of Cne.

sChoLastiC media LYnne karppi, direCtor of Creative and produCt deveLopment, Consumer produCts division scholastic media promoted Lynne karppi to director of creative and product development for the consumer products division. she is responsible for working with licensees and partners around the world on the design and development of scholastic media’s full portfolio of products, packaging, and merchandising. previously, karppi was manager of creative and product development.

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twentieth CenturY fox Consumer produCts new appointments twentieth Century fox Consumer products (fCp) appointed elizabeth Bohannon as vice-president, global brand management, tv and Jonathan Linn as vice-president, global brand management, film. nan staddon has been appointed to the position of vice-president, strategy and financial planning. Bohannon and Linn will lead brand strategy for television and film properties in the fox portfolio. among some of the top brands for Bohannon are Glee, family Guy, and the simpsons. Linn will work on brands including diary of a wimpy kid, alvin and the Chipmunks, avatar, ice age, and rio. staddon will work closely with the department heads to help define fCp’s strategic business plan, company growth initiatives, and market opportunities for the future. fCp appointed three new international licensing agents. in Latin america, fCp named CpL to oversee its priority brands across Central america, Colombia, peru, ecuador, and venezuela. in asia, China will be represented by shanghai-based skynet, while korea will be represented by Cocoban. the new agencies will primarily focus on the simpsons, Glee, alvin and the Chipmunks, and ice age across apparel, back-to-school, toys, and food categories. they will also focus on growing opportunities for the alien franchise as well as the collectibles market. fCp also appointed sammy nieto as director of licensing for asia pacific and Latin america.  fCp also announced two promotions and a new hire in its uk office: Jennifer Buchanan has been elevated to vice-president of european licensing for emea; Louise Collins has been elevated to director of uk licensing; and rob hall has joined fCp as retail director for emea.

the Joester Loria Group tim BLankeLY, Creative direCtor the Joester Loria Group (tJLG) hired tim Blankely as creative director for its creative services department. he will manage creative and product development for pinkalicious, Car & driver/road & track, entenmann’s, pepsi, mountain dew, soBe, amp, and aquafina brands. Blankely has more than 15 years experience in licensing.


September 23–26

ABC Kids Expo

theabcshow.com

Kentucky Exposition Center

Louisville, Ky.

27

Time To Play Fall ShowcaSe

TimeToPlaymag.com

The alTman Building

new york ciTy

1–2

MIPJunior

mipworld.com

Palais de Festivals

Cannes, France

3–6

MIPCOM

mipworld.com

Palais de Festivals

Cannes, France

4–6

TIA Fall Toy Preview

toyassociation.org

Dallas Market Center

Dallas

4–6

G2E

globalgamingexpo.com

Sands Expo & Convention Center

Las Vegas

18–20

Brand Licensing Europe

brandlicensing.eu

The Grand Hall, Olympia

London

OctOber

NOvember 19–20

Chicago Toy & Game Fair

30–12/3

Dubai Intl. Character & Licensing Fair character.ae

chitag.com

Navy Pier

Chicago

Dubai Intl. Convention Center

Dubai, AE

December 5–10

International Halloween Show

hiaonline.com

TBA

New York City

9–12

Hong Kong Toys & Games Fair

hktoyfair.com

Hong Kong Convention & Exhibition Centre

Hong Kong, China

15–18

Harrogate Christmas & Gift Fair

harrogatefair.com

Harrogate International Centre

Harrogate, UK

JaNuary

February 1–6

Spielwarenmesse International Toy Fair

toyfair.de

Nuremburg Exhibition Center

Nuremburg, Germany

12–15

New York International Toy Fair

toyassociation.org

Jacob Javits Convention Center

New York City

TIME TO PLAY FALL SHOWCASE SEPTEMBER 27; THE ALTMAN BUILDING, NEW YORK CITY; WWW.TIMETOPLAYMAG.COM TIA FALL TOY PREVIEW 2011 OCTOBER 4–6; DALLAS MARKET CENTER, DALLAS; WWW.TOYASSOCIATION.ORG TOY FAIR 2012 FEBRUARY 12–15; JACOB JAVITS CONVENTION CENTER, NEW YORK CITY; WWW.TOYASSOCIATION.ORG

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ROYALTIE$ AUGUST 2011


by Nancy Lombardi

P oSTeD

BeLoW iS A SAMPLiNG oF WHAT

A MeRiCAN

Top 10 paid Kindle BooKs as of July 29, 2011 Source: Amazon.com 1. The Help by Kathryn Stockett 2. The Black Echo by Michael Connelly 3. A Stolen Life by Jaycee Dugard 4. Now You See Her by James Patterson and Michael Ledwidge 5. Caribbean Moon (A Manny Williams Thriller) by Rick Murcer 6. The Hunger Games by Suzanne Collins 7. Catching Fire (The second book of The Hunger Games) by Suzanne Collins 8. Mockingjay (The final book of The Hunger Games) by Suzanne Collins 9. Lord of Scoundrels by Loretta Chase 10. Stealing Faces by Michael Prescott

Top 10 free Kindle BooKs as of July 29, 2011 Source: Amazon.com 1. Stealing Jake by Pam Hillman 2. Love in Bloom by Karen Rose Smith 3. Dead Deceiver by Victoria Houston 4. Pixel Perfect Puzzles from Amazon Digital Services 5. The Fey (Alex The Fey thriller series) by Claudia Hall Christian 6. Beyond All Price by Carolyn Poling Schriber 7. Every Word: Crossings from Amazon Digital Services 8. Delivery by Diana Prusik 9. Reinventing Leona by Lynne Gentry 10. Beautiful Sins: Leigha Lowery by Jennifer Hampton

Kindle now sold aT Tru Toys “R” Us announced that as of July 31, stores in the U.S. will sell an assortment of Amazon Kindle portable readers, as well as Kindle accessories. Models that will be available at Toys “R” Us stores in-

34

ROYALTIE$ AUGUST 2011

CoNSUMeRS ARe iNTeReSTeD iN THiS MoNTH .

clude Kindle Wi-Fi in graphite, Kindle 3G + Wi-Fi in graphite, and Kindle Wi-Fi with special offers. Toys “R” Us will also carry a variety of accessories and cases, including the Amazon Kindle leather cover, Amazon Kindle cover with light, and Amazon Kindle power adapters. TRU will support the rollout of Kindle products through a comprehensive marketing campaign, including print promotions and in-store signage.

Top paid iphone apps as of July 29, 2011 Source: iTunes 1. Angry Birds 2. Zombie Gunship 3. Stickman BMX 4. Fruit Ninja 5. Free Music Download Pro 6. Angry Birds Seasons 7. Angry Birds Rio 8. Tiny Wings 9. Cut the Rope 10. Words with Friends

Top free apps as of July 29, 2011 Source: iTunes 1. Stickman BMX Free 2. Nuts! 3. WatchTV Free 4. Free Music Downloads 5. Doodle God Lite 6. Futurama Head in a Jar 7. Prize Claw 8. Rollercoaster Builder Travel 9. Google+ 10. Zenonia 3


Profile for aNb Media

Royaltie$, August 2011  

Royalties is a monthly magazine highlighting the hottest trends in the licensing industry.

Royaltie$, August 2011  

Royalties is a monthly magazine highlighting the hottest trends in the licensing industry.

Profile for anbmedia