July 7, 2019 | By: Oliver Herzfeld, Chief Legal Officer, Beanstalk
Kawhi Leonard recently commenced a lawsuit against Nike. According to the complaint, in 2011, just after being drafted to the NBA, Leonard created a logo based on a tracing of his notably large hand. Inside the hand,
Read MoreApril 17, 2019 | By Oliver Herzfeld and Ronald L. Crane
Marketing Architects, Inc., an agency that produced advertising with unsubstantiated claims for weight-loss products, has recently settled a joint complaint brought by the Federal Trade Commission and the State of Maine. As part of the settlement,
Read MoreNew York, NY, January 14, 2019 | By: Oliver Herzfeld
The publisher of the popular Choose Your Own Adventure series of books, Choosco LLC, has commenced a lawsuit against Netflix. Essentially, Choosco claims Netflix’s new film "Black Mirror: Bandersnatch" infringes several of Choosco’s trademarks that include the words "Choose Your Own Adventure".
Read MoreOct. 3, 2018 | As taboos are falling by the wayside, many companies are looking to incorporate cannabis into their business plan. But it’s not business as usual. The cannabis industry is quickly becoming a legitimate business. In 2017, it made nearly $9 billion in sales, according to Tom Adams, managing director, BDS Analytics, which tracks the budding sector. To put it into perspective, sales are equivalent to the entire snack bar industry.
Read MoreThe cancellation of the hit series “Roseanne” is going to cost ABC in a big way.
ABC shut the show down following star Roseanne Barr’s racist tweet about former Obama aide Valerie Jarrett. The move puts the network on the hook for a hefty sum of money.
“The network has a right to cancel any show at any time, so they’re exercising their right to cancel the show,” Oliver Herzfeld, Entertainment lawyer and Chief Legal Officer at Beanstalk Group, told Fox News.
Read MoreOctober 19, 2017 | By Oliver Herzfeld | An old quip that is widely misattributed to the famous movie producer Samuel Goldwyn states “a verbal contract isn't worth the paper it's written on.” The truth is, with only a few exceptions, oral agreements are legal, valid and binding. However, oral agreements present other difficulties and challenges apart from enforceability. A lawsuit recently commenced by the Estate of Thelonious Monk against North Coast Brewing Co. provides an excellent opportunity to explore some of the issues raised by oral agreements.
Read MoreSeptember 29, 2017 | The legal saga between Snyder’s-Lance, the maker of Pretzel Crisps, and PepsiCo’s Frito-Lay, maker of Rold Gold’s Pretzel Thins, may already have seven years under its belt, but it’s seems to be only beginning. While the final chapter is yet to be written, the ongoing court proceedings are already serving as a cautionary tale to emerging food and beverage brands.
Read MoreSeptember 18, 2017 | By Oliver Herfeld, Chief Legal Officer, Beanstalk
A well-functioning corporate licensing program can help a brand to expand into new categories and territories, adapting to new trends and a changing marketplace. However, setting up such a program takes hard work and ongoing care.
Read MoreAugust 28, 2017 | By Oliver Herzfeld, Chief Legal Officer, Beanstalk
The U.S. Supreme Court recently decided Matal v. Tam, holding unconstitutional an old provision of the U.S. Trademark Act that barred registration of “disparaging” trademarks.
Read MoreMay 1, 2017 | By Oliver Herzfeld It all started with an unauthorized hamburger. Well, actually, it all started in 1964 when Hiroaki “Rocky” Aoki opened a chain of iconic Benihana restaurants. The restaurants feature teppanyaki cooking, a dinner entertainment style of cuisine where chefs theatrically prepare meals at an iron griddle located tableside. Sometime after Aoki’s death in 2008, his family sold Benihana Inc. (BI) to an investment firm.
Read MoreBy Oliver Herzfeld and Jared Mermelstein - Marijuana’s classification as an illegal substance makes brand protection under trademark law problematic and uncertain. But it is not impossible for cannabis companies to protect their brands. It just takes some creative problem-solving!
Read MoreBy Oliver Herzfeld - A well-functioning corporate licensing program can help a brand to expand into new categories and territories, adapting to new trends and a changing marketplace. However, setting up such a program takes hard work and ongoing care.
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