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Brand licensing

Renting or leasing of an intangible asset

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  • 3 chapters

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Through Intangible asset, Contract and Brand

Examples of intangible assets include a song ("Over the Rainbow"), a character (Donald Duck), a name (David Beckham), or a brand (Rolls-Royce). An arrangement to license a brand requires a licensing agreement. A licensing agreement authorizes a company which markets a product or service (a licensee) to lease or rent a brand from a brand owner who operates a licensing program (a licensor).

History


Brand licensing is a well-established business, in both patents and trademarks. A concept established in British business, the world's first licensed character was a soft toy of Peter Rabbit, a fictional character created by Beatrix Potter and patented in 1903, to be sold alongside the first public edition of The Tale of Peter Rabbit. Merchandise of Peter and other Potter characters have been sold at Harrods department store in London since at least 1910 when the range first appeared in their catalogues. For the rest of her career, Potter would continue to oversee merchandising and licensing opportunities for her characters, with Peter depicted in a multitude of spinoff merchandise such as porcelain figurines, painting books and dishes.

Trademark licensing also has a rich history in American business, largely beginning with the rise of mass entertainment such as the movies, comics and later television. Mickey Mouse's popularity in the 1930s and 1940s resulted in an explosion of toys, books, and consumer products with the character's likeness on them, none of which were manufactured by the Walt Disney Company. McDonald's play food, Burger King T-shirts and even ghastly Good Humor Halloween costumes became commonplace. Brand extensions later made the brand licensing marketplace much more lucrative, as companies realized they could make real dollars renting out their equity to manufacturers. Instead of spending millions of dollars to create a new brand, companies were willing to pay a royalty on net sales of their products to rent the product of an established brand name. Armor All auto vacuums, Breyers yogurt, TGI Friday's frozen appetizers, and Lucite nail polish are only a handful of the products carrying well-known brand names which are made under license by companies unrelated to the companies who own the brand.

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