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James M. Kipling
Jim is a member of the firm's Regulatory and Administrative Practice Group and a member of the Intellectual Property Team. Prior to the development of his private practice, Jim was Vice President and Managing Attorney with Kenner Toy Company and later Hasbro, Inc. for 20 years. In this capacity, he negotiated merchandise License Agreements resulting in cumulative product sales in excess of $3 Billion with all major motion picture studios in connection with such properties as Star Wars, Jurassic Park, Batman, Pokeman, Ghostbusters, Care Bears, Strawberry Shortcake, as well as strategic relationships with Disney and DreamWorks. He also handled negotiations with inventors as well as all professional sports leagues and players' associations and many NASCAR drivers and sponsors. In so doing, Jim has established strong working relationships within the entertainment and sports industries and with other major participants in the licensing industry.
Jim was responsible for all legal aspects of Kenner/Hasbro's product, packaging and advertising development for the company, with particular emphasis on Children's Advertising issues. In addition, he was responsible for policing and enforcing the company's intellectual property rights and general contract development. In private practice, Jim has designed and assisted in implementing advertising practices and clearance processes for major consumer products marketers, and has established close associations within the FTC and the Children's Advertising Review Unit of the BBB.
Education
B.S., Mechanical Engineering, University of Cincinnati
J.D., Georgetown University Law Center
Admitted to Practice
Ohio
Professional Memberships and Affiliations
American Bar Association
Cincinnati Bar Association
Ohio State Bar Association
Achievements in Areas of Concentration
Representative Cases
Frankenstein "Spokesmonster" Agreement: Negotiated with Universal Studios an agreement by which our Client, Rexall Sundown Pharmaceuticals, was able to cerate television commercials, print advertisements and p.o.s. materials using an actor portraying the "Frankenstein Monster" as a spokesperson. Related media budget exceeded $10 Million Dollars. Financial and legal negotiations were handled on a "turnkey" basis, and the deal was closed at a price and on terms substantially more favorable than anticipated by the Client.
Universal Studios Licensing Matters: As a result of the Frankenstein negotiations, has been engaged by Universal Studios to handle certain merchandising and licensing matters on behalf of the Studio.
U.S. Olympic Committee: On behalf of Jet Set Sports, Inc. and Cosport, Inc., we handled negotiations which resulted in the award to our Client of exclusive rights to be the sole Ticket Sales Agent throughout the United States (and in several other countries) for Summer Games and Winter Games. In addition, the Client was awarded the right to be Exclusive Hospitality Management Services Provider for the Games, with rights to use the "Olympic Rings" symbol of the International Olympic Committee and the Marks of the USOC and certain other countries.
NASCAR®/Jeff Gordon/Dale Earnhardt, Jr.: Coordinated rights for the use of the NASCAR logo and the Gordon and Earnhardt, Jr. team vehicle and racing uniform likenesses in action games.
Precious Moments®: Rights to use the famous brand and character likenesses of "Precious Moments" were obtained from United Media on behalf of Client, Soy Basics LLC candle manufacturer, for use in themed candle topper product line.
Starter® Brand and Logo: Licensed rights were obtained on behalf of Client, Fruit of the Loom, Inc., of ruse of the famous Starter® Brand and Logo in Client's line of branded apparel.
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