Viacom sues Google, YouTube for $1 billion

Viacom sues Google, YouTube for $1 billion
Media conglomerate claims massive intentional copyright infringement

NEW YORK, March 13, 2007 – “MTV owner Viacom Inc. sued the popular video-sharing site YouTube and its corporate parent, Google Inc., seeking more than $1 billion in damages on claims of widespread copyright infringement.”
“The lawsuit, filed in U.S. District Court in New York, marks a sharp escalation of long-simmering tensions between Viacom and YouTube and represents the biggest confrontation to date between a major media company and the hugely popular video-sharing site, which Google bought in November for $1.76 billion.” (msnbc.msn.com)

Viacom is a large entertainment company with many well-known and respected brands. Some of Viacom’s leading brands include MTV, VH1, Comedy Central, Nickelodeon, Paramount Pictures, Dream Works and many more prominent assets. “Viacom claims that YouTube has displayed nearly 160,000 unauthorized video clips from its cable networks, which also include Comedy Central, VH1 and Nickelodeon.” Because of all these illegal downloads, YouTube has attracted more that 133 million visitors worldwide.

Viacom is a victim of YouTube’s illegal business conduct and has every right to take legal action. YouTube’s business model, “which is based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws.” Because of this, Viacom is at risk of losing prominent viewers of its popular TV shows that are favored by adolescents who are also avid internet users. It is stealing valuable creative efforts from the directors, and writers of these networks. Viacom has invested lots of time and money to build and create value among its viewers only to find that their efforts are being destroyed by YouTube who is profiting at the expense of Viacom. YouTube needs to take down the unauthorized clips and needs to come to some sort of agreement or make a deal with Viacom to license their material.

By Abby Marin

Remember the Teletubbies?

By Stuart Elliot

"If nostalgia isn’t what it used to be, a major reason may be efforts by marketers to encourage consumers to look back sooner rather than later. Three agencies are collaborating on the campaign on behalf of Ragdoll, the British company that owns the rights to the Teletubbies. Elements include a microsite, or special Web site, at taketheteletubbiestest.com, with features like a trivia quiz, blogs and podcasts. There will also be a temporary retail store in Manhattan, to be open from Wednesday through April 7, appearances by the characters at landmarks like the Apollo Theater and Times Square and fund-raising for charities that help the autistic.
To signal older audiences that the Teletubbies are not just for bib-wearers any more, the campaign also includes handbags designed by Isaac Mizrahi, which will be auctioned on eBay to raise money for the charities; T-shirts, underwear and other apparel priced as high as $28; social networking features on the Web site; and a rock concert at a Virgin Megastore."

I think this idea to relaunch the Teletubbies is very interesting. I believe it will have some success, but I do not think it will meet expectations. It will raise a lot of interest and a lot of buzz, but I don't think consumers will be motivated to spend their money on it. Young tweens won't be interested because they won't want to seem like babies and young adults might find the merchandise cute, but not enough to go out and buy it.
In order to make this licensing agreement successful the companies should have stuck with the original target, young children and remarketed their products to them. It would have been new to the younger generations and they would have had an interest in it.

BY Alexandra Verni

Designers take advantage of License to Sell

By LaMont Jones, Pittsburgh Post-Gazette
In the 1960s, Pierre Cardin had earned a big name in the fashion world with edgy costumes, avant-garde menswear and elegant women's apparel characterized by bold colors, inventive bias cuts and futuristic styling's.But the French designer didn't become a household name until later, when he began lending the Pierre Cardin name to a slew of other products from cologne, chocolate and wristwatches to wine, bicycles and furniture.
A shrewd entrepreneur, Cardin may have been the first fashion designer to master the art of licensing, now a major and growing influence on the fashion industry. Licensing deals allow designers to grow their brand names -- and, they hope, bottom lines -- by extending their cachet and creativity beyond apparel and into categories where they have interest but lack technical ability.For any designer or brand in the U.S. apparel industry, licensing is the best -- and some say now the only -- way to grow.

I think it is smart when designers license out their name because it a way to get their name recognized by people who do not know who they are and that could benefit them like if your designer they start to buy other things from you or they could just pass the word around like they your product which will bring in more consumers. It gets your name out the masses and when licensing your name out some do perfumes, clothing labels, and accessories, it allows their consumers to maybe something from the line that is a little bit more affordable then other things. Designers become more well known when the license out their name because it is offered in more store around the world.

Brittany Miguel

JEM rolls out baby apparel.
Licensing News- Earnshaws March '07

Jem sportswear of San Fernando, Calif., has launched Little Jem-the company's first apparel line for the infant toddler category, which features licensed graphics from McDonald's, Coca-Cola, Harvard, Elvis and the Doors, among others.
"We saw this as a very important market from a fashion lifestyle perspective," said Andrei Najjar, senior vice president of men's boys' and infant apparel. "Parents view their children as an expression of their selves, so we wanted to give hip, stylish parents options for their precious little ones. This is how we came up with the name. There is an element of humor in every style, which we think makes the product even cuter. We also view it as a great gifting vehicle."
The new line will include one pieces, tees, hoodies, sweatpants and tank tops. The line will be available in sizes six months-6T. Little Jem will be positions as a premium brand and wholesale prices will run between $15-$20.

I think that this new line will be hugely successful. Jem Sportswear has a heavy celebrity fan base, and with many young Hollywood celebrities having babies now this new line is the perfect way for the company to increase revenue while maintaining their current clientele. The line will be edgier and trendier than other children's lines. I think that this new line will be a huge success.

Suzanne Reilly

Gap Hit With Lawsuit By Brooklyn Designer

Published: Thursday, March 08, 2007

By Liza Casabona

NEW YORK — Kate Cusack, a Brook­lyn-based accessories and costume designer, filed a copyright lawsuit against Gap Inc. in Manhattan federal court.Cusack alleged that Gap sold plush bath products and handbags that contained elements that infringed on her copyrighted "zipper pin" sculpture. The case was filed March 2, but the documents were only recently made available.

The copyright for the "zipper pin" dates back to August 2003, but, according to the designer's Web site, she has been making the items since 2002. Cusack's designs are sold in stores in New York, Massachusetts and California. The copyright for the "zipper pin" dates back to August 2003, but, according to the designer's Web site, she has been making the items since 2002. Cusack's designs are sold in stores in New York, Massachusetts and California. www.wwd.com

I believe that Kate Cusack has every right to be upset about this occurrence between her merchandise and the Gap Inc. because if she is licensed to these specific bath products and handbags, then Gap Inc. is at fault. Cusack's designs are sold in stores in California, Massachusetts and New York. Gap's actions damaged Cusack's earnings because these shoppers may have been buying these similar products for the Gap rather than her.

Gap Inc. is a very well-known company and I feel that consumers are more likely to shop at the Gap because many of these customers are loyal to the Gap brand and would choose their products over another similar company. This lawsuit caused Cusack to lose an expected $300,000. I think that the Gap should stop selling these products if these styles are licensed to Cusack.

Stephanie Faber

Diane von Furstenberg Sues Forever 21 Over Copyright

Published: Wednesday, March 28, 2007
By Liza Casabona NEW YORK —

Diane von Furstenberg continues to take the protection of her intellectual property very seriously. Diane von Furstenberg Studio filed a copyright infringement lawsuit against Forever 21 Retail Inc. late last week in Manhattan federal court. According to legal documents obtained Tuesday, the company alleged Forever 21 has sold dresses that infringe on its Cerisier and Aubrey designs. "Without authorization or license from DVF, Forever 21 has produced and is marketing, advertising, distributing, offering for sale and selling dresses nearly identical to DVF's Cerisier and Aubrey dresses that bear print designs identical to the DVF copyrights," according to legal papers. The complaint goes on to allege that Forever 21's merchandise copied the exact scale and color for each design and that the infringement was willful.Forever 21 did not return requests for comment by press time.The Cerisier dress design, part of the company's holiday collection shown in October, consists of two print designs owned by DVF Studio called the "small dentelle" and "flower lace border" designs. The Aubrey dress was first shown in the DVF spring 2006 fashion show in September 2005, according to court papers. The Aubrey dress has a print design on it called "mimosa," which is also owned exclusively by DVF. The complaint contains allegations of copyright infringement, federal and state unfair competition, false designation of origin and unlawful deceptive acts. DVF asked the court to require Forever 21 to recall and remove from commercial distribution or display any items that infringe on its copyrights as well as any promotional materials related to those goods. The complaint also asked for unspecified financial damages. Von Furstenberg herself spoke recently with WWD about the implementation of a new program at DVF aimed at protecting the brand's intellectual property. The firm established a three-year strategy to address counterfeiting and intellectual property issues. The company is working with lawyer Harley Lewin, of Greenberg Traurig, on the program. In recent months, the company has quietly filed a handful of lawsuits in jurisdictions all over the country, including California, New York, Georgia, Florida and Virginia.Forever 21 has found itself the defendant in copyright litigation over fabric before. In January, the company was sued for allegedly infringing on a fabric copyright owned by M.M.P. Inc., which does business as Fabric & Fabric. The privately held company currently operates more than 300 Forever 21 stores and approximately 100 Gadzooks stores nationwide

I feel that DVF is taking control of the situation. She has every right to sue the dresses are ridiculously similar. There was clearly a lot of issues that were being faced and it's time that Forever 21 stepped up. I feel that the 3 year strategy she is working on with lawyer Harley Lewin will benefit her and her brand greatly. i thinka lot more companies should start taking this approach in protecting their name and reputation.

By: Michelle Petreski

WWD.COM
Chanel Files Trademark Infringement Suit
Liza Casabona

Chanel Inc. filed a lawsuit in Manhattan federal court last week against Yellowstone Imports and unnamed individuals for allegedly infringing on its interlocking-C trademark for sunglasses. Yellowstone Imports applied for a trademark registration and already has been using a mark on sunglasses that consists of interlocking circles, according to court documents. Chanel alleged the interlocking-C mark used by Yellowstone is confusingly similar to its own registered trademark.

I totally understand Chanel's concern with other sunglasses having the interlocking C's on the side of their glasses. Although this line of sunglasses has already made Chanel 25 million dollars over the last five years I feel they are in danger of possibly loosing money in the future. While some people are brand loyal and only want the real thing, others will purchase Yellowstone Imports glasses and other knock offs instead because they are less expensive. I feel they need to come up with their own logo.

Kristy LoSacco

Saving "SPAM" Hormel's Fight to Protect Its Famous Product's Name

March 2, 2007

Spam, the meat mix that is a combination of pork shoulder, ham and a host of other ingredients, is celebrating its 70th anniversary this year. The folks at Hormel Foods are rightly proud of their product. Indeed, they are beyond proud. They are downright protective. So protective, that Hormel has been involved in a long-running, multi-million dollar trademark dispute with a company called Spam Arrest.

"Spam Arrest eliminates obnoxious e-mails by blocking them before they reach your mailbox," said Derek Newman, an attorney who is handling the case before a federal panel that resolves trademark disputes. "Hormel and the rest of the world should be happy that Spam Arrest is around to eliminate the obnoxious e-mails."

I think that it is important that this issue be resolved if there is any major confusion between the food Spam and the junk e-mail Spam. But I can't think of one person I know who doesn't know the difference. I actually wonder how we started calling junk e-mails spam mail? I honestly can say that I do not believe using Spam to refer to junk e-mail is deterring away from Spams loyal consumers. I do, however, think that Hormel Foods has the right to protect their legandary name.

By Adrian Reamey

color code.. in the bag.. top design

Benetton Group will introduce its first prescription glasses under the new licensing agreement with Allison SpA, inked last December, as a fun and colorful project called Dress Your Face.The line will be introduced at Mido, Milan's international eyewear exhibition running May 4 to 7. The concept behind the project is the versatility of the accessories, as the glasses can be ornamented in many variations.The line comprises six models featuring three different metallic styles each in golden, silver or gunmetal, with flexible temples. Three light rings can be superimposed to the frame, either covering its entire structure or circling only the lenses or their top half, for a total of 18 frames and 87 different bands. Benetton offers ombré, vivid, soft, opaque, shiny, speckled hues or two or three-color combinations, as well. There is also one version embellished with tiny Swarovski crystals.
I think that it is great that Benetton Group paired up with Allison SpA to complete this project. This new prescription eyeglass line seems like it is young, colorful, and fun. I wear glasses, and I used to hate shopping for them because I always felt like they were geeky looking. Recently, name brands have been creating cute young glasses, and that is exactly what this project Dress your face does. It is exciting to see more and more companys going in the direction of eyewear, in order to give the customer a wider selection and range. So all in all, I think that this collaboration is a great idea and I hope it is a success.

Jessica Kaplan

Boss Bullish on '07, Inks Deal With Swarovski

By: Melissa Drier
Hugo Boss has inked a licensing deal with Swarovski to design a jewlery collection for the company. This move is motivated by their plan to expand sales for the 2007 year, and to expand their collections. “Sälzer declined to comment on first-year sales goals for the venture. However, he said jewelry represented an "important step. Accessories are a key growth segment for Hugo Boss, and extending our product portfolio to include exclusive fashion jewelry represents a logical next step." This deal not only will benefit Hugo Boss but also Swarovski to help define them as just not crystals. The head of Swarovski was quoted as saying, “Building on our competence in fashion jewelry, we will be creating exclusive creations reflecting the identity and signature design of the individual Boss fashion lines, he said.” That is expected to translate into elegant pieces for Boss Black, eclectic looks for Boss Orange and luxury cuff links for Boss Selection. As for the choice of Swarovski, Sälzer commented, "In the last years, we have sought license partners that are market leaders, and that is true of Swarovski." This is not the only licensing deal that Hugo Boss has and probably won’t be the last; “Hugo Boss has three other licenses: Procter & Gamble for fragrance and cosmetics, Safilo SpA for eyewear and Movado for watches.”

Cristina Gadaleta

ENYCE Gets Accessories

Friday, March 16, 2007

Enyce, the streetwear brand owned by Liz Claiborne Inc., has signed two new licensing agreements. The first is with Amiee Lynn Inc. to manufacture a line of junior accessories under the Enyce brand. The collection will include handbags, travel bags, belts, hats, jewelry and soft accessories, launching at retail in spring 2008. The other license is with Gina Group LLC to manufacture juniors and girls'footwear and hosiery under the Enyce name. The footwear line will include fashion athletic sneakers, vulcanized shoes, dress and casual sandals, ballet flats and rubber flip-flops for ladies and girls. The hosiery collection will include footless tights and leg warmers, as well as athletic and fashion athletic legwear. The footwear and hosiery will launch to the trade in August and will be sold at department and specialty stores in February.

I think its a good idea for any clothing company to get involved with setting up an accessories line. You see almost every brand today with an accessories line, and Enyce has made a good choice is starting one especially now. Encye has gone with out the line for a while now so their customers have been waiting for this. With the summer almost here their customers will want to shop their accessories line. I think this will benefit the Encye brand.

by Melissa D'Elia

Gwen Stefani Dives Into Fragrance

Gwen Stefani has teemed up with Coty Prestige to create her first fragrance named "L". Stefani already has clothing line called L.A.M.B which has generated $100 million dollars in sales. Stefani's fragrance which was closely created with Firmenich is comprised of hyacinth, white freesia, fresh pear, violet leaves, jasmine petals, blossoms, and peach skin. The "L" fragrance which stands for love will be the "classic" fragrance out of the five she is currently working on. It will be sold for six weeks exclusively in Nordstrom.

I am really happy that Stefani has expanded her business into fragrances. Her clothing line has become so successful that it is only right that Stefani dive into the industry. I really love how Stefani incorporates her family into all of her endeavors. The idea that the fragrance smell is comprised of scents that her mother had or planted ,for example, sweet peas, really shows how scents are associated with memories. Consumers really respond to Stefani because they can relate to her as a hip, trendy, family oriented person.Her products actually having meaning and purpose to their creations. When it comes to Stefani, I do not feel that I am being "marketed" to. She's the real deal.

By Danielle Douglas-Jones