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Brand Licensing Agreements Negotiating Key Deal Terms, Avoiding Common Pitfalls, and Maximizing Brand Value

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Brand Licensing Agreements Negotiating Key Deal Terms, Avoiding Common Pitfalls, and Maximizing Brand Value Presenting a live 90-minute webinar with interactive Q&A Brand Licensing Agreements Negotiating Key Deal Terms, Avoiding Common Pitfalls, and Maximizing Brand Value THURSDAY, SEPTEMBER 6, 2012 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Thomas Dover, Partner, Nossaman LLP, Los Angeles Kelly Payfer, Vice President - Licensing, Perry Ellis International, New York The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10. Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory and you are listening via your computer speakers, you may listen via the phone: dial 1-866-570-7602 and enter your PIN -when prompted. Otherwise, please send us a chat or e-mail [email protected] immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again. FOR LIVE EVENT ONLY For CLE purposes, please let us know how many people are listening at your location by completing each of the following steps: • In the chat box, type (1) your company name and (2) the number of attendees at your location • Click the SEND button beside the box If you have not printed the conference materials for this program, please complete the following steps: • Click on the + sign next to “Conference Materials” in the middle of the left- hand column on your screen. • Click on the tab labeled “Handouts” that appears, and there you will see a PDF of the slides for today's program. • Double click on the PDF and a separate page will open. • Print the slides by clicking on the printer icon. Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding Common Pitfalls, and Maximizing Brand Value THOMAS DOVER KELLY PAYFER Brand Licensing Agreements: Thomas Dover Negotiating Key Deal Terms, Avoiding Partner; Chair, IP/Media Group Common Pitfalls, and Maximizing NOSSAMAN LLP Brand Value. [email protected] T 213.612.7879 THOMAS DOVER F 213.612.7801 KELLY PAYFER 777 South Figueroa Street, 34th Floor Los Angeles, CA 90017 Stafford Publications Thomas Dover provides cutting-edge legal strategies focused in the areas of Legal Publishing Group intellectual property, corporate transactions, advertising, and entertainment law. He provides licensing representation and intellectual property protection, both in the U.S. and internationally, and has assisted with over 100 "new media" licenses, 250 entertainment brand licenses, and 1,500 advertising agreements. Mr. Dover is dedicated to the intersection of digital content and I. Defining Brand distribution in our daily business and personal lives. He earned his LL.M. in a II. Intellectual Property Rights pioneering program for Media and Entertainment Law, and is the Chair of III. Key Deal Terms Nossaman's Intellectual Property and Media Practice Group. Mr. Dover's entertainment talent representation work includes continuing IV. Common Pitfalls management as well as negotiating high-value endorsement and licensing V. Best Practices transactions for a variety of entertainment, video gaming, and retail businesses. He has extensive experience with new technologies and was among the first attorneys pioneering the direct licensing and distribution of music and entertainment content via the internet and mobile platforms. He represents entertainment production and distribution companies, internet/digital platform distributors, and video gaming/content developers on transactional and litigation matters. Mr. Dover lectures widely on industry topics and serves as Adjunct Professor of Law at the Thomas Jefferson School of Law. 6 Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding I. Defining Brand Common Pitfalls, and Maximizing Product Defined. Brand Value. Corporate Identity. Entertainment Property. THOMAS DOVER KELLY PAYFER Advertising Initiatives. Celebrity, personality, and similar. Stafford Publications Legal Publishing Group I. Defining Brand II. Intellectual Property Rights III. Key Deal Terms IV. Common Pitfalls V. Best Practices 7 Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding I. Defining Brand Common Pitfalls, and Maximizing Product Defined. Brand Value. Corporate Identity. Entertainment Property. THOMAS DOVER KELLY PAYFER Advertising Initiatives. Celebrity, personality, and similar. Stafford Publications Legal Publishing Group I. Defining Brand II. Intellectual Property Rights III. Key Deal Terms IV. Common Pitfalls V. Best Practices 8 Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding I. Defining Brand Common Pitfalls, and Maximizing Product Defined. Brand Value. Corporate Identity. Entertainment Property. THOMAS DOVER KELLY PAYFER Advertising Initiatives. Celebrity, personality, and similar. Stafford Publications Legal Publishing Group I. Defining Brand II. Intellectual Property Rights III. Key Deal Terms IV. Common Pitfalls V. Best Practices 9 Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding I. Defining Brand Common Pitfalls, and Maximizing Product Defined. Brand Value. Corporate Identity. Entertainment Property. THOMAS DOVER KELLY PAYFER Advertising Initiatives. Celebrity, personality, and similar. Stafford Publications Legal Publishing Group I. Defining Brand II. Intellectual Property Rights III. Key Deal Terms IV. Common Pitfalls V. Best Practices 10 Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding I. Defining Brand Common Pitfalls, and Maximizing Product Defined. Brand Value. Corporate Identity. Entertainment Property. THOMAS DOVER KELLY PAYFER Advertising Initiatives. Celebrity, personality, and similar. Stafford Publications Legal Publishing Group I. Defining Brand II. Intellectual Property Rights III. Key Deal Terms IV. Common Pitfalls V. Best Practices 11 Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding I. Defining Brand Common Pitfalls, and Maximizing Product Defined. Brand Value. Corporate Identity. Entertainment Property. THOMAS DOVER KELLY PAYFER Advertising Initiatives. Celebrity, personality, and similar. Stafford Publications Legal Publishing Group I. Defining Brand II. Intellectual Property Rights III. Key Deal Terms IV. Common Pitfalls V. Best Practices 12 Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding II. Intellectual Property Rights Common Pitfalls, and Maximizing Trademark. Brand Value. Copyright. Patent. THOMAS DOVER KELLY PAYFER Trade Secret. Right of Publicity. Stafford Publications Legal Publishing Group The term “trademark” includes any word, name, symbol, or device, or any combination thereof-- (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and I. Defining Brand applies to register on the principal register established by this chapter, II. Intellectual Property Rights to identify and distinguish his or her goods, including a unique product, III. Key Deal Terms from those manufactured or sold by others and to indicate the source of the IV. Common Pitfalls goods, even if that source is unknown. V. Best Practices 15 USCA Sec. 1127 [Emphasis added] 13 Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding II. Intellectual Property Rights Common Pitfalls, and Maximizing Trademark. Brand Value. Copyright. Patent. THOMAS DOVER KELLY PAYFER Trade Secret. Right of Publicity. Stafford Publications Legal Publishing Group The term “trademark” includes any word, name, symbol, or device, or any combination thereof-- (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and I. Defining Brand applies to register on the principal register established by this chapter, II. Intellectual Property Rights to identify and distinguish his or her goods, including a unique product, III. Key Deal Terms from those manufactured or sold by others and to indicate the source of the IV. Common Pitfalls goods, even if that source is unknown. V. Best Practices 15 USCA Sec. 1127 [Emphasis added] Distinctiveness requirement: (1) arbitrary or suggestive marks, or (2) descriptive marks with secondary meaning. 14 Brand Licensing Agreements: Negotiating Key Deal Terms, Avoiding II. Intellectual Property Rights Common Pitfalls, and Maximizing Trademark. Brand Value. Copyright. Patent. THOMAS DOVER KELLY PAYFER Trade Secret. Right of Publicity. Stafford Publications Legal Publishing Group The term “trademark” includes any word, name, symbol, or device, or any combination thereof-- (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and I. Defining Brand applies to register on the principal register established by this chapter, II. Intellectual Property Rights to identify and distinguish his or her goods, including a unique product, III. Key Deal Terms from those manufactured or sold by others and to indicate the source of the IV. Common Pitfalls goods, even if that source is unknown. V. Best Practices 15 USCA Sec. 1127 [Emphasis added] Distinctiveness requirement: (1) arbitrary or suggestive marks, or (2) descriptive marks with secondary meaning. BRANDING ISSUES: (1) TITLES OF ARTISTIC WORKS (not in a series). (2) INDIVIDUAL
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