We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byJulien Wilbur
Modified over 7 years ago
Fashion Law: Apparel Licensing for Licensing Professionals Presented to the California State Bar Association Intellectual Property Section/Licensing Division Presented by Staci Jennifer Riordan, Esq. February 12, 2009 © 2009 Fox Rothschild
Staci Riordan Staci focuses her practice on fashion law, commercial and intellectual property litigation, and client counseling. Her transactional experience includes counseling clients on licensing, enforcement of copyright and trademark rights and general business practices as well as negotiating and drafting numerous business contracts, with particular emphasis on licensing agreements. Stacis clients include designers, manufacturers, retailers, importers, exporters, charitable organizations, entertainment entities, and property owners. Fashion Law: Apparel Licensing for Licensing Professionals February 12, 2009 © 2009 Fox Rothschild
Introduction A.What is Fashion Licensing: Renting a companys intellectual property to another entity, for a sum of money, for a certain product or category of products, for an agreed upon period of time. B.Why license? 1.Creates a revenue stream where one did not previously exist. 2.Utilizes the know-how of specialists to turn a label into a Brand. Fashion Law: Apparel Licensing for Licensing Professionals February 12, 2009 © 2009 Fox Rothschild
Create Strategic Plan *may need to consult industry professionals A.Product type 1.Review the goods produced by the licensor to determine the next logical step. 2.Will the agreement cover a different product category or a different customer within same category? B.Territory 1.What is the most advantageous way to carve up the map? a. Geographically b. Price points 2.Exclusive vs. non-exclusive 3.Sub licensing permitted? Fashion Law: Apparel Licensing for Licensing Professionals February 12, 2009 © 2009 Fox Rothschild
Create Strategic Plan -continued- C.Finding the right partner. 1. What to look for in a licensor/licensee 2.Due diligence required. D.Money 1.Revenue Stream 2.Royalty Percentage 3.Minimum Payments 4.Advances Fashion Law: Apparel Licensing for Licensing Professionals February 12, 2009 © 2009 Fox Rothschild
Draft Agreement A.Key provisions in Fashion Licensing 1.Maintaining integrity of trademark a.Design Control b.Quality Control 1.Ensure quality is same as promised 2.Proper fit 3.Where are the Garments made? 4.Options for non-conforming goods. 5.Production for off-price/close-out goods permitted? Fashion Law: Apparel Licensing for Licensing Professionals February 12, 2009 © 2009 Fox Rothschild
Draft Agreement -continued- c. Costing 1.Who sets wholesale cost? 2.Maintain image of the brand. 2.Marketing contribution a.Fixed amount or minimum spends b.Collateral approval and ownership c.Tradeshow and sales rep requirements 3.Competition defined a.Many licensees make and sell competing brands b.Make sure to discuss pros and cons with the client Fashion Law: Apparel Licensing for Licensing Professionals February 12, 2009 © 2009 Fox Rothschild
DRAFT AGREEMENT - continued- 4.Discounts required a. Set price or formula for key vendors b. Set price or formula for licensors purchase for use in own stores, website or promotional activities. c. Common discount: 10% less than best line price 5.Royalty Statements a. Key components include defining discounts, allowances and promotional items as well as capping returns. b. Make sure a sample is included as an exhibit B.Bonus revenue – potential side agreements for principals 1.PR agreements 2.Design/Consulting agreements Fashion Law: Apparel Licensing for Licensing Professionals February 12, 2009 © 2009 Fox Rothschild
FOLLOW UP Royalty Auditing and Performance Issues Remember, 90% of all licensees are under paying by 10% or more Use royalty auditors who specialize in fashion Beware of unreported sales by Affiliates Have a procedure to monitor all agreements and to terminate non-performing licenses Fashion Law: Apparel Licensing for Licensing Professionals February 12, 2009 © 2009 Fox Rothschild
Contact Information Staci J. Riordan, Esq. 310.598.4180 email@example.com Fashion Law: Apparel Licensing for Licensing Professionals February 12, 2009 © 2009 Fox Rothschild
SELLING YOUR PATENT By Eric Corl, Idea Buyer LLC – The Online Marketplace for Intellectual Property.
Uriel Corporation One Westbrook Corporate Center Suite 300 Westchester, IL USA (708) Call to arrange fax.
Business Legal Checklist for Purchasing A Digital Media Company Using Videogame Developers & Publishers As Case Studies.
(C) Leslie Wagner. LW-IP Consulting. All rights reserved.1 Introduction to IP and Licensing Leslie F. Wagner Intellectual Property and Licensing.
LICENSING AND FRANCHISING; FUNDAMENTALS
LICENSING AND FRANCHISING; FUNDAMENTALS Tamara Nanayakkara.
Negotiating Technology License Agreements Tamara Nanayakkara.
Principal Life Insurance Company Disability Buy-Out Insurance
TECHNOLOGY LAW GROUP, LLC Telecommunications Agreements Ins & Outs ©
1 Forms of International Business Trade International licensing of technology and intellectual property (trademarks, patents and copyrights) Foreign direct.
How to Become an Independent Sales Rep! By Gift Rep Sandy VIDEO 9 – Finding Lines to Represent.
Financial Management F OR A S MALL B USINESS. FINANCIAL MANAGEMENT 2 Welcome 1. Agenda 2. Ground Rules 3. Introductions.
12-1 Chapter 12 Licensing Copyright © 2010 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin.
Accounting Auditing Intellectual Property Business Formation Management & Financial Consultancy USA Tax Filing.
© 2012 Cooley LLP, Five Palo Alto Square, 3000 El Camino Real, Palo Alto, CA The content of this packet is an introduction to Cooley LLP’s capabilities.
LICENSING “One Way of Putting Your I.P. to Work for Your Organization” Inventing and Patenting Seminar May 16, 2001.
Welcome and Introduction: Market Timing and Licensing Options
Successful Technology Licensing Chapter III: Key Terms Cluster 3: Forms of Payment and other Financial Terms Arnaud Michel Gide Loyrette Nouel, Paris (Bogota,
1 Technology Transfer Seminar Series Patent Licensing : A Pathway to Commercialization Karen Hersey Senior Counsel for Intellectual Property, MIT. Ret.
ISO 9001 Interpretation : Exclusions
© 2021 SlidePlayer.com Inc. All rights reserved.