Licensing Agreements in the Fashion Industry

Due Diligence, Key Provisions, Celebrity Licenses, Alternatives to Traditional Licensing

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Wednesday, March 6, 2019

Recorded event now available

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Program Materials

This CLE webinar will provide IP counsel with guidance on licensing in the fashion industry and will examine the critical aspects of fashion licensing. The panel also will address licensing agreements when the licensor is a celebrity and discuss co-branding and other alternatives to traditional licensing of fashion categories, including apparel, accessories, and fragrance and beauty products.

Description

Licensing provides fashion companies with a powerful way to grow, compliment and strengthen the brand, expand into new markets, and build its image. However, it is essential to carefully draft and negotiate the license agreement to protect the brand licensing products because licensing inevitably means the fashion company is entrusting the licensee with responsibility for manufacturing products bearing the fashion brand’s trademarks.

Many celebrities are using licensing to lend their names to fashion industry brands to promote and expand the audience for their products. Celebrity product licensing and promotion involves the same issues as fashion industry licenses but also involves additional considerations, such as social media obligations, morals clauses, and the celebrity's involvement and approvals of designs, products, and advertising and marketing campaigns.

From selecting and vetting the licensing partner to the terms of the agreement or alternatives to traditional licensing, fashion companies and their counsel must structure, draft and negotiate the terms and conditions of the license agreement, keeping in mind the impact on the brand and core business.

Listen as our panel examines the pros/cons of licensing and the essential terms of the agreement and addresses and contrasts celebrity licensing and endorsement agreements.

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Outline

  1. Due diligence on licensing partner
  2. Types of agreements
  3. Key terms
    1. Recital clauses
    2. Licensor approval
    3. Royalties
    4. Licensee operations
    5. Assignability
    6. Others
  4. Common pitfalls
  5. Unique challenges with celebrity licensors
  6. Alternatives to traditional licensing agreements

Benefits

The panel will review these and other high priority issues:

  • What are the essential provisions to include in licenses in the fashion industry?
  • What additional challenges do celebrity licenses present? What steps can counsel take to minimize the risk when dealing with celebrities?
  • What are the alternatives to a licensing agreement?

Faculty

Cardon, Jessica
Jessica Cardon

Deputy General Counsel
Quality King Distributers

Ms. Cardon is the Deputy General Counsel for Perfumania Holdings, Inc., the perfume retailer, and its related entities,...  |  Read More

Max, Theodore
Theodore C. Max

Partner
Sheppard Mullin Richter & Hampton

Mr. Max is a member of the firm’s Entertainment, Technology and Advertising, and Intellectual...  |  Read More

Weinstock, Pamela
Pamela Weinstock
Former VP and Associate General Counsel
Kenneth Cole Productions

Ms. Weinstock is former primary counsel for Kenneth Cole overseeing all company brand matters, including intellectual...  |  Read More

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