Royalty Report: Games & Toys, Toy – Collection: 357955

License Grant

Licensor grants the exclusive, except for the exceptions specifically set forth in the Licensed Category descriptions, license and right to utilize the Property  but solely upon and in connection with the manufacture, promotion, sale, and distribution of the categories of articles identified and in the Channels of Distribution identified during the Term. Articles in the Licensed Categories that utilize the Property and are manufactured, promoted, sold and/or distributed hereunder are referred to herein as Licensed Articles.

The license granted extends only to the Territory identified and within the Channels of Distribution identified.

License Property

The Licensor characters include
–  All Marvel Classic Characters. Classic Characters refers to the embodiment of the Marvel characters as originally conceived in the comic books and widely known to the popular imagination through successive classic (i.e., faithful in appearance and characterization to the original comic books) interpretations in comic books, films, TV animation, video games and other media. The Classic designation includes all of Marvel’s current classic (non-media) style guides (and future versions thereof) including, for example, Classic Spider-Man, Classic X-Men and Classic Hulk as well as Marvel Retro, Marvel Heroes and Marvel Extreme style guides, but specifically as well as all Marvel/LP Entertainment Properties (i.e., media style guides based on films, live-action TV and/or animation);
–  All Marvel Movie Characters; and,
–  All Marvel Animated and Live-Action Television Characters.

Licensed categories include
–  Action Figures, Flying Action Figures;
–  Articulated Figural Backpack Clips/Backpack Danglers;
–  Licensee’s Proprietary Attacktix Branded Figure Tactics Game;
–  Non-Costume/Non-Dress Up Action and Role-Play Weapons and Accessories;
–  Feature Plush (Figural or Non-Figural);
–  Basic Plush (Figural or Non-Figural) (Non-exclusive);
–  Figural Wall-Crawling Radio or Infrared Control;
–  Co-Branded Transformers Brand Action Figures;
–  Co-branded beyblade battling tops and accessories;
–  Licensee’s Proprietary Foam Based Nerf Branded Sporting Goods and Blasters that shoot foam darts and balls;
–  Water Guns, Water Blasters and Water Cannons;
–  Board Games;
–  Electronic Hand Held Electronic Games;
–  Puzzles;
–  Licensee’s Proprietary Puzzle Shots;
–  Licensee’s Proprietary Playskool Branded Pre-School Toys;
–  All Compounds including, but not limited to Play-Doh;
–  Electronic IPOD/MP3 Speakers;
–  Musical Toothbrushes;
–  Wall Decals;
–  Licensee’s Proprietary Lite Brite Branded Activity Products; and,
–  Licensee’s Proprietary Titanium Branded Die-Cast Figures and Vehicles.

Field of Use

The channels of distribution, are
–  Specifically, Licensed Co-Branded Transformers Brand Action Figures may be sold in Japan and Licensee may distribute any Licensed Article in Japan through an authorized licensee or distributor approved by or designated by Licensor.
–  All Channels of Distribution
1. Internet may only be sold or shipped within the territory specified,
2. Home Shopping,
3. Direct Sales method, including Internet direct sales may only be sold or shipped within the Territory specified.

Licensed Articles Feature Plush and Basic Plush are excluded from the following Channels of Distribution
– Amusement,
– Redemption,
– Crane, and,
– Charity/Fundraising, unless approved by Licensor, which approval shall not be unreasonably withheld.

Notwithstanding anything to the contrary, Licensor may itself utilize or grant to any other party the right to sell, distribute or otherwise exploit the Property in connection with Feature Plush in the following Channels of Distribution
– Gift (e.g., Spencer Gift, Hallmark Gold Crown Stores and Hot Topic etc.)
– Specialty (e.g., FAO Schwartz and Build a Bear, etc.);
– Upstairs Department Stores (e.g., Macys, Nordstroms and Bloomingdales, etc.).

License Grant

This amendment clarifies sales and royalties in Latin America, royalties rates, treatment of military bases and, Wall-Crawling Spider-Man.

This amendment refers solely with respect to characters based on movies and television shows featuring Spider-Man.

License Property

For Latin America, effective as of December 26, 2011, each of the License Agreements is hereby amended to provide that the Licensed Categories under the respective License Agreement shall not include the following categories of Licensed Articles for manufacture, promotion, sale, distribution, shipment or other exploitation in Latin America, which, for the avoidance of doubt, includes Mexico, Central America, the Caribbean and South America (it being understood that for all other licensed markets, other than Latin America, the Licensed Categories are unchanged)

(1) novelty dolls, in all materials, with or without articulation, with heights of between twenty inches (20') and twenty-five inches (25')
(2) puzzles, in all styles and types
(3) board games (including, but not limited to, checkers, chess and bingo) that, as of the Effective Date, are not in Licensees proprietary brands.

Field of Use

Licensee is in the business of children’s and family leisure time products with a broad portfolio of brands and entertainment properties.

License Grant

The Parties have a license agreement for Licensee character-based toys and non-Licensee-character-based toys of which Licensor is the inventor of record.

License Property

Licensor is a toy inventor and designer.

Field of Use

The field of use is the toy industry.