Lebron James and The Simple Economics of Brand Licensing

By: Ian McClure

In 2001, I saw Lebron James play in high school, and I remember telling myself, "that is the next Michael Jordan."  Of course, I meant this from a basketball standpoint, but you can't refer to Michael Jordan without refering to his brand.  MJ's brand is one of the most prolific in sports, and its longevity continues to impress.  It turned out that Lebron lived up to my basketball potential billing.  The brand of Lebron James has not disappointed either.   He recently partnered with McDonald's, ... Read More

Categories: Burgeoning Business, Monetizing IP, Trademark Trends

Valuing a Brand License Based on Risk of Dilution

By: Ian McClure
The Golden Brand

As a lawyer, it is generally not my job to come up with a price to be paid for a license to use a client's trademark. Sure, I might be given some ballpark figures by the client and set out to negotiate based on these figures, but I don't come up with these ballpark figures. I could if it was asked of me, but it is usually left to the client to figure out what it thinks its brand is worth for the ... Read More

Categories: Trademark Trends

A Law Report: Nominative Fair Use in Trademark Law

By: Ian McClure

This post will be a break from the usual report or opinion regarding the IP market. I have encountered a rarely used but potentially case-changing doctrine in trademark law with a lot of bite - should it ever be adopted by the U.S. Supreme Court, or codified.  I thought the issue could use some exposure. This piece will read a little bit more like a law review article (I apologize), but bear with me - this is important and interesting stuff! Fair ... Read More

Categories: Trademark Trends

The False Markings Cases: Frivolous or Fighting Fraud?

By: Ian McClure

When a company deceives the consuming public, or exercises anti-competitive business practices in order to gain market share, we usually punish them. This is why a Washington attorney, in March of 2007, sued Solo Cup, and then Gillette, for claiming their products were protected by patents when in fact they were not. The story of Matthew Pequignot is not new. He found an archived legal hole that allows any citizen to sue on behalf of the government if they can prove that ... Read More

Categories: Trademark Trends

Introducing IMC Licensing

By: Ian McClure

For this week's IP Market Player of the Week, I am stepping away from the sector of the IP market focused on managing, exchanging, and/or investing in IP as a tradable asset, and stepping into the sector of the IP market focused on brand creation.  While IP Prospective allocates a lot of its attention to the former, which covers patents and an occasional copyright, intellectual property in the shape of a brand name holds just as much or more value in many cases. The ... Read More

Categories: IP Market Players, Trademark Trends

If You Plan To Expand, Invest in Your Brand

By: Ian McClure

$325. Thats what it costs to own a brand name. If your business is worth anything at all, and you want people to associate the name of your business with your product, why wouldn't you pay $325 to register the name? Take an hour of your time and do it yourself, or pay a lawyer for an hour or two worth of work to register it in order to insure accuracy and thoroughness, and save yourself the nightmare of having your business ... Read More

Categories: Trademark Trends

Hardcore Gamer: Sell Your Brand on eBay

By: Ian McClure

A recent New York Times article discusses the print magazine business and the rising number of casualties the recession has claimed.  This month has seen 14 magazines go under, including Country Home, Arthur, Vital Source, Map Magazine, and Teen.  Going down with the balance sheets, obviously, is each of those respective brands.  Effectively, each demise takes with it that brand's intellectual property, including copyrights, trademarks, customer lists, subscription lists, vendor lists, and more. Many smaller print-media magazines probably don't have much overhead.  A ... Read More

Categories: Burgeoning Business, Copyright Caucus, Trademark Trends

Martin Luther King, Jr. Has a Dream … and a Brand

By: Ian McClure

We are in the midst of two extremely important days for Americans, one of which is annual, and the other is one of the most important days ever. In light of today's holiday in celebration of Dr. King's life and accomplishments, which led the way for the next President of the U.S. to be inaugurated tomorrow, I'd like to discuss a subject that has somewhat marred Dr. King's legacy . . . his brand. There has been some conversation in the world ... Read More

Categories: Trademark Trends

Welcome to IP Prospective

By: Ian McClure

IP Prospective will be a source of information and a medium for intellectual exchange at the intersect of intellectual property, law, investment, money, and corporate action. It is my hope that this online magazine will serve as a center of information and ideas for those with a keen interest in the future relationship of intellectual property and business. Indeed, while some may measure the success of this weblog by the quantity of readers it accrues, it is the quality of readers that will make the success uniquely ... Read More

Categories: Burgeoning Business, Copyright Caucus, Investment Intelligence, Monetizing IP, Patent Prospects, Portfolio Potential, Trademark Trends

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