Licensing means renting or leasing of an
intangible asset
An intangible asset is an asset that lacks physical substance. Examples are patents, copyright, franchises, goodwill, trademarks, and trade names, as well as software. This is in contrast to physical assets (machinery, buildings, etc.) and finan ...
. It is a process of creating and managing
contracts
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
between the owner of a
brand
A brand is a name, term, design, symbol or any other feature that distinguishes one seller's good or service from those of other sellers. Brands are used in business, marketing, and advertising for recognition and, importantly, to create an ...
and a company or individual who wants to use the brand in association with a product, for an agreed period of time, within an agreed territory. Licensing is used by brand owners to extend a
trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
or character onto products of a completely different nature.
Examples of intangible assets include a song ("
Somewhere Over The Rainbow"), a character (
Donald Duck
Donald Fauntleroy Duck is a cartoon character created by The Walt Disney Company. Donald is an anthropomorphic white duck with a yellow-orange bill, legs, and feet. He typically wears a sailor shirt and cap with a bow tie. Donald is known fo ...
), a name (
Michael Jordan
Michael Jeffrey Jordan (born February 17, 1963), also known by his initials MJ, is an American businessman and former professional basketball player. His biography on the official NBA website states: "By acclamation, Michael Jordan is the g ...
), or a brand (The
Ritz-Carlton
The Ritz-Carlton Hotel Company, LLC is an American multinational company that operates the luxury hotel chain known as The Ritz-Carlton. The company has 108 luxury hotels and resorts in 30 countries and territories with 29,158 rooms, in addit ...
). 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).
[Pete Canalichio. Licensing Brands, Inc. DBA BrandAlive]
petecanalichio.com
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History
Brand licensing is a well-established business, both in the area of patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
s and trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
s. Trademark licensing 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
Mickey Mouse is an animated cartoon Character (arts), character co-created in 1928 by Walt Disney and Ub Iwerks. The longtime mascot of The Walt Disney Company, Mickey is an Anthropomorphism, anthropomorphic mouse who typically wears red sho ...
's popularity in the 1930s and 1940s resulted in an explosion of toys, books, and consumer products with the lovable rodent's likeness on them, none of which were manufactured by the Walt Disney Company.
This process accelerated as movies and later television became a staple of American business. The rise of brand licensing did not begin until much later, when corporations found that consumers would actually pay money for products with the logos of their favorite brands on them. McDonald's
McDonald's Corporation is an American Multinational corporation, multinational fast food chain store, chain, founded in 1940 as a restaurant operated by Richard and Maurice McDonald, in San Bernardino, California, United States. They rechri ...
play food, Burger King
Burger King (BK) is an American-based multinational chain store, chain of hamburger fast food restaurants. Headquartered in Miami-Dade County, Florida, the company was founded in 1953 as Insta-Burger King, a Jacksonville, Florida–based res ...
T-shirts and even ghastly Good Humor
Good Humor is a Good Humor-Breyers brand of ice cream started in Youngstown, Ohio, US, in the early 1920s with the Good Humor bar, a chocolate-coated ice cream bar on a stick sold from ice cream trucks and retail outlets. It was a fixture in Ame ...
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 untold millions 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
Armor All is an American brand of car care products that is manufactured by American company Armored AutoGroup of Danbury, Connecticut, United States. The company markets the product line of sprays, gels, liquids, and wipes to clean, shine, and ...
auto vacuums, Breyers
Breyers is a brand of ice cream started in 1866 by William A. Breyer in Philadelphia, Pennsylvania.
History
In 1866, William A. Breyer began to produce and sell iced cream in Philadelphia, Pennsylvania, first from his home, and later via hor ...
yogurt, TGI Friday's
TGI Fridays (operating in the UK as FRIDAYS) is an American restaurant chain focusing on primarily American cuisine and casual dining. The restaurant's founder said the name stood for "Thank God It's Friday", although some television commerc ...
frozen appetizers, and Lucite
Poly(methyl methacrylate) (PMMA) belongs to a group of materials called engineering plastics. It is a transparent thermoplastic. PMMA is also known as acrylic, acrylic glass, as well as by the trade names and brands Crylux, Plexiglas, Acrylite ...
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.
Reasons for licensing
A company may choose to license its brand(s) when they believe there is strong consumer acceptance for brand extensions
Brand extension or brand stretching is a marketing strategy in which a firm marketing a product with a well-developed image uses the same brand name in a different product category. The new product is called a spin-off.
Organizations use this ...
or products. For example, when Apple
An apple is an edible fruit produced by an apple tree (''Malus domestica''). Apple fruit tree, trees are agriculture, cultivated worldwide and are the most widely grown species in the genus ''Malus''. The tree originated in Central Asia, wh ...
launched the iPod there was an immediate need for accessories such as headphones, charging and syncing stations and carrying cases. Apple decided not to manufacture these products and instead chose to have a licensee
A licensee can mean the holder of a license or, in U.S. tort law, a licensee is a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the li ...
make the products. By doing so, Apple could offer branded "Earbud Headphones", "iPod docking stations" and "iPod socks." Each is made by a separate company but together offer the consumer an elegant solution. All of these accessories are sold by licensees.
Apart from benefits to licensors, there are benefits to licensees as well. Licensees lease the rights to a brand for incorporation into their merchandise, but do not share ownership in it. Having access to major national and global brands, and the logos and trademarks associated with those brands, gives the licensee significant benefits. The most important of these is the marketing power the brand brings to the licensee's products. When brand managers enter or extend into new product categories via licensing they create an opportunity for a licensee to grow their company. Below is an example of the licensed product process steps:
* Licensor chooses the product categories to be licensed
* Licensor finds and negotiates a license with the best licensees
* Licensees develop concepts, prototypes and final production samples and submit for approval
* Licensor approves licensed products for sale
* Licensees sell licensed products to authorized retailers[MarketingProfessors.com](_blank)
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Licensees expect that the license will provide them with sales growth. This sales growth may be in the form of growth within existing market or the opportunity to enter a new market. To achieve this, licensees expect that the brand they are licensing has significant brand preference, that it will open doors and ultimately help them meet or exceed their business objectives. The licensing contract forces the licensee to achieve certain sales targets and royalties; therefore, the goal of the licensee is to quickly meet their business objectives, thereby achieving their contract obligations. Royalties
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset o ...
are the money paid to a licensor by the licensee for the right to use the licensed property. It is calculated by multiplying the Royalty Rate by the Net Sales.[Atlanta Business Radio Interview](_blank)
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Global brand licensing industry
The main international professional association
A professional association (also called a professional body, professional organization, or professional society) usually seeks to advocacy, further a particular profession, the interests of individuals and organisations engaged in that professio ...
for brand licensing is the Licensing Industry Merchandiser's Association, which sponsors the annual Licensing International Expo.
Each May, ''License! Global'' magazine publishes an annual list of "The Top 150 Global Licensors". For 2017, the leader was Disney Consumer Products
Disney Consumer Products, Inc. is the retailing and licensing subsidiary of the Disney Parks, Experiences and Products segment of The Walt Disney Company. Previously, Consumer Products was a segment of Disney until 2016, then a unit of Disney Co ...
with $53 billion in retail sales of licensed merchandise, followed by Meredith Corp. with $23.2 Billion and PVH with $18 Billion.
According to the International Licensing Industry Merchandisers' Association (LIMA), global licensed merchandise sales was $272.2 billion in 2016, versus $262.2 billion in 2015.
Brand licensing in South Korea
Han Chang-Wan, a professor at Sejong University
Sejong University (SJU; ) is a private university located in Seoul, South Korea known for its standing in hospitality and tourism management, dancing, animation and rhythmic gymnastics. Founded as the Kyung Sung Humanities Institute, it was rename ...
, published the history of animation character design in Korea at the Character Licensing Fair 2016. This study became the first to have rabbit and turtle illustrations as Korean animated characters. This was revealed in 'The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publis ...
' newspaper.
With American and Japanese characters dominating the Korean animation industry until the 1970s, it wasn't until 1983 when Dooly the Little Dinosaur
''Dooly the Little Dinosaur'' ( ko, 아기공룡 둘리) is a cartoon serialized from 1983 to 1993 by South Korean cartoonist Kim Soo-jung with a little dinosaur as the subject, and it refers to animations and other media mix works based on the ...
(아기 공룡 둘리) appeared in Bomulsum—a monthly magazine for kids—and changed the Korean character market. In 1987, Dooly the Little Dinosaur first aired as a six-part TV show, with another seven parts airing in 1988. In 1995, Kim Soo-jung
Kim Soo-jung () is a South Korean cartoonist and animator best known as the creator of Dooly the Little Dinosaur
''Dooly the Little Dinosaur'' ( ko, 아기공룡 둘리) is a cartoon serialized from 1983 to 1993 by South Korean cartoonist ...
, its creator, established a company named 'Dooly World' and went into the character design industry. The following year, the animated movie 'Dooly the Little Dinosaur
''Dooly the Little Dinosaur'' ( ko, 아기공룡 둘리) is a cartoon serialized from 1983 to 1993 by South Korean cartoonist Kim Soo-jung with a little dinosaur as the subject, and it refers to animations and other media mix works based on the ...
' was released. In the 30 years since Dooly the Little Dinosaur launched, its related market generated 2–3 billion won per year (about 1.7–2.7 million dollars as of July 2018). This paved the way for the character market in Korea.[No, Jawoon (2013-05-01)]
"'둘리' 이후 30년…캐릭터 시장 규모 8조원 육박'"
0 years after 'Dooly'… The size of Character market is closing in upon 8 trillion won Chosun Biz.
Brand licensing in India
The liberalisation of the Indian economy in 1992 brought a slew of international brands to India. Many of these brands have been licensed to Indian companies. Arvind represent Arrow, Cherokee, ELLE
''Elle'' (stylized ''ELLE'') is a worldwide women's magazine of French origin that offers a mix of fashion and beauty content, together with culture, society and lifestyle. The title means "she" or "her" in French. ''Elle'' is considered the w ...
, Nautica
Nautica is an American apparel brand of Authentic Brands Group featuring primarily men's, women's, children's apparel and accessories, as well as home, watches, and fragrance. Nautica was founded in 1983 by clothing designer David Chu and a par ...
, USPA, Aéropostale, CHILDRENS PLACE, Ed Hardy
Don Ed Hardy (born 1945) is an American tattoo artist known for his tattoos, strong influence on the development of modern tattoo styles, and his eponymous apparel and accessories brand.
Early life
Hardy was born on January 5, 1945, in Des Moi ...
, GAP and Kipling. The Murjani Group is the licensee for Calvin Klein Jeans, FCUK and Tommy Hilfiger
Thomas Jacob Hilfiger ( /hɪlˈfɪgər/; born March 24, 1951) is an American fashion designer and the founder of Tommy Hilfiger Corporation.
After starting his career by co-founding a chain of jeans/fashion stores called People's Place in upst ...
. Beverly Hills Polo Club (BHPC) is licensed to Spencers Retail.
Character Licensing is another big licensing segment of brand licensing in India. The big players in the character licensing industry in India are Disney India
The Walt Disney Company India Private Limited, known simply as Disney India, is the Indian subsidiary of the Indo Pacific region of the American media and entertainment conglomerate The Walt Disney Company and headquartered in Mumbai, Maharasht ...
, Viacom 18
Viacom18 Media Private Limited is an Indian media and entertainment joint venture between TV18 and Paramount Global based in Mumbai. It was founded in 2007 and owns various channels, as well as content production studios in India.
History
In ...
and Cartoon Network Enterprises. Characters licensed out by Disney India include Mickey Mouse
Mickey Mouse is an animated cartoon Character (arts), character co-created in 1928 by Walt Disney and Ub Iwerks. The longtime mascot of The Walt Disney Company, Mickey is an Anthropomorphism, anthropomorphic mouse who typically wears red sho ...
and Donald Duck
Donald Fauntleroy Duck is a cartoon character created by The Walt Disney Company. Donald is an anthropomorphic white duck with a yellow-orange bill, legs, and feet. He typically wears a sailor shirt and cap with a bow tie. Donald is known fo ...
. Viacom has brought in popular characters from Nickelodeon
Nickelodeon (often shortened to Nick) is an American pay television television channel, channel which launched on April 1, 1979, as the first cable channel for children. It is run by Paramount Global through its List of assets owned by Param ...
like Dora the Explorer
''Dora the Explorer'' is an American children's animated television series and multimedia franchise created by Chris Gifford, Valerie Walsh Valdes and Eric Weiner that premiered on Nickelodeon on August 14, 2000, went on hiatus on June 5, 20 ...
and SpongeBob SquarePants
''SpongeBob SquarePants'' (or simply ''SpongeBob'') is an American animated comedy television series created by marine science educator and animator Stephen Hillenburg for Nickelodeon. It chronicles the adventures of the title character a ...
. Cartoon Network boasts of a portfolio including characters such as Ben 10
''Ben 10'' is an American media franchise created by Man of Action Studios, produced by Cartoon Network Studios and owned by Warner Bros. Discovery. The series centers on a boy named Ben Tennyson who acquires the Omnitrix, an alien device rese ...
, Powerpuff Girls
''The Powerpuff Girls'' is an American superhero animated television series created by animator Craig McCracken and produced by Hanna-Barbera (later Cartoon Network Studios) for Cartoon Network and distributed by Warner Bros. Domestic T ...
, Mr. Bean
''Mr. Bean'' is a British sitcom created by Rowan Atkinson and Richard Curtis, produced by Tiger Aspect and starring Atkinson as the title character. The sitcom consists of 15 episodes that were co-written by Atkinson alongside Curtis and R ...
, Roll no. 21, We Bare Bears
''We Bare Bears'' is an American animated sitcom created by Daniel Chong for Cartoon Network. The show follows three bear brothers, Grizzly, Panda, and Ice Bear, and their awkward attempts at integrating with the human world in the San Francisc ...
.
Brand licensing in Italy
Brand Licensing in Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
started in the seventies with very few Licensing Agencies. Apart from Disney which had its own dedicated office in the market, all the other big Entertainment majors were represented by independent agencies. One of these companies named DIC 2 (Distribution International Characters), founded in 1973 by Gianfranco Mari contributed to create the licensing business in Italy and set big phenomena as He-Man and the Masters of the Universe, Marvel Comics
Marvel Comics is an American comic book publishing, publisher and the flagship property of Marvel Entertainment, a divsion of The Walt Disney Company since September 1, 2009. Evolving from Timely Comics in 1939, ''Magazine Management/Atlas Co ...
, ''Star Wars
''Star Wars'' is an American epic film, epic space opera multimedia franchise created by George Lucas, which began with the Star Wars (film), eponymous 1977 film and quickly became a worldwide popular culture, pop-culture Cultural impact of S ...
'', Hanna & Barbera characters, Zorro
Zorro ( Spanish for 'fox') is a fictional character created in 1919 by American pulp writer Johnston McCulley, appearing in works set in the Pueblo of Los Angeles in Alta California. He is typically portrayed as a dashing masked vigilante w ...
, Asterix
''Asterix'' or ''The Adventures of Asterix'' (french: Astérix or , "Asterix the Gaul") is a ''bande dessinée'' comic book series about a village of indomitable Gaulish warriors who adventure around the world and fight the Roman Republic, wi ...
and so on. DIC 2 is still one of the biggest independent agencies in Italy, representing different cartoon characters and famous brands.
THE FASHION BRANDS LICENSING SITE
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References
{{Reflist
Brand management
Intellectual property law