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How Licensing Partners Address Legal Battles 

How Licensing Partners Address Legal Battles  image

By Mark Seavy 

Model-turned-branding mogul Kathy Ireland’s lawsuit against her business managers poses a series of questions for licensing partners and the industry as a whole. 

The lawsuit—filed at the State Superior Court in Santa Barbara, CA—accuses Jason Winters and Erik Sterling of stealing up to or exceeding $100 million from Ireland and her husband, Greg Olsen. How this legal action might affect the Kathy Ireland brand, however, is not yet clear. 

Ireland has had numerous licensing agreements with Blue Ridge Home Fashions (bedding), Camping World (furniture for the recreational vehicle market), Philip Stein (watches, sleep bracelets), Crayola (Chief Creative Ambassador), and others. According to industry experts, it’s unlikely this legal action is enough to trigger exit clauses in existing deals. 

“Personal financial loss and the fact that the finances of the rights-holding entity [Kathy Ireland Worldwide] might be challenged isn’t enough to trigger termination,” an IP licensing attorney said. “It is not positive for the brand, but I don’t think this kind of situation gives rise to a termination because you must be in material breach [such as a morals clause or bankruptcy]. It shouldn’t have any short-term impact on the licensing program.” 

Ireland, who got her start in licensing in 1993 selling socks through Kmart, started working with Winters and Sterling as her managers in 1989 and later gave them power of attorney for herself and Olsen. Peter Mainstain was named trustee for the couple in 1992 and served until 2016 when he was replaced by Winters and Sterling as co-trustees, according to the lawsuit. The lawsuit alleges that Winters and Sterling obtained a $4.55-million loan in 2017 and spent the proceeds, an action that reportedly wasn’t discovered until 2025 after Ireland and Olsen were named trustees. 

“While Kathy’s tireless work and integrity was real, and while the value of the brand and the business and gross income she and Greg generated surely could and should have left them with wealth and financial security for their retirement years, the corrupt defendants’ management of the money was a sham,” the lawsuit alleges.  

In a LinkedIn post, Kathy Ireland Worldwide Chairman and CEO Brittany Duncan alleged that Ireland is trying to “escape” $25 million in litigation stemming from “a matter of fraud” discovered last year. The company has “supported” Ireland “in every possible way,” including settling outstanding lawsuits, Duncan wrote. 

And while industry experts don’t expect this ongoing legal action will result in triggering exit clauses in current agreements, it does mean some companies are adjusting their strategies.  

This is true for MainStreetChamber (MSC) Holdings, an investment and licensing firm that first met with Kathy Ireland Worldwide in 2021. MSC was going to become Kathy Ireland’s licensing arm but ended those plans amid the legal battle, CEO Larry Kozin said. MSC is a publicly traded company that also operates Advanced Licensing. Kathy Ireland Worldwide owned 20% of MSC, which was split between the company and Ireland herself, Kozin said. Under a new contract, Ireland surrendered her shares last October and MSC remains in discussion with Kathy Ireland Worldwide about its stake. 

MSC also had plans for a Kathy Ireland Laundry laundromat business but has discontinued the effort, Kozin said. It has since acquired a series of companies effective April 1. It plans to sell up to 49% of the acquired companies and keep majority control. MSC is representing actress Bo Dereck for licensing, a partnership that has spawned a 12-model Perfect 10 mattress line.   

“We have been in a holding pattern for everything and even though this is very unfortunate and a terrible situation for shareholders, at least we know we can move on and wish them well,” said Kozin, whose company parted with the Kathy Ireland Worldwide organization last weekend.  “We had a contract with Kathy Ireland Worldwide and legally changed our name to kathy ireland Licensing but gave that up in good faith and hope Kathy can rebuild her brand.” 

In the past, the industry has seen cases where exit clauses were triggered and licensing partners had to drastically rethink their strategies. Chef and TV personality Paula Dean, for example, had her cookware brand dropped by Walmart and her name removed from Caesars Entertainment restaurants in 2013 after she admitted to using a racial slur.  

Brothers and social media influencers Jake and Logan Paul, however, have maintained licensing programs despite multiple controversies. Jake Paul was at one point represented by Brand Central, an agreement that has since ended, and he has gone on to build a deodorant and body wash brand.  

“Consumer trust erosion is strongest when the celebrity causes the scandal, not when they expose wrongdoing,” said Pamela Deese, a Partner at the law firm ArentFox Schiff. “Where the celebrity is seen as correcting injustice, reputational damage is often temporary or negligible. Fraud victim lawsuits can even reinforce perceptions of integrity, transparency, and accountability—particularly for founder led licensing.” 

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