‘Ebony’ Is Being Auctioned for Use in Beauty

Rights to trademarks and domain names “Ebony” and “Ebone” for commercial use in the fields of fashion, cosmetics and personal care are up for grabs. A New York firm is marketing for sale certain rights of licensee, Johnson Publishing Company, under an exclusive, worldwide, royalty-free, sublicensable license to numerous trademarks and domain names containing the phrases.
 
Hilco Streambank is a New York-based advisory firm specializing in intellectual property disposition and valuation. The sale is being conducted by Miriam R. Stein, in her capacity as chapter 7 trustee of the bankruptcy estate of J Publication Company, formerly known as Johnson Publishing Company, LLC, and is subject to bankruptcy court approval. 
 
An iconic brand, Ebony was created by Johnson Publishing Company, which was founded in 1942 by the late Eunice W. Johnson and John H. Johnson. The firm was once the largest Black-owned publishing company in the United States. 
 
Eunice W. Johnson was also the creator of Fashion Fair, a cosmetics brand for women of color that debuted in the early 1970s.
 
Desirée Rogers, a former CEO of Johnson Publishing, and a colleague, Cheryl Mayberry McKissack, recently relaunched Fashion Fair. According to The Chicago Tribune, Mayberry McKissack and Rogers bought Fashion Fair through Johnson Publishing’s bankruptcy in late 2019 with the help of hedge fund CEO Alec Litowitz.
 
The license agreement exclusively authorizes the licensee to utilize numerous trademarks and  certain domain names that include the words “Ebony” or “Ebone” in connection with the manufacture, display, advertising, promotion, labeling, sale, marketing, and distribution of products and services (including e-commerce) in the fields of fashion, cosmetics and personal care. The license is worldwide, royalty-free and sublicensable in accordance with the terms of the license agreement, said Hilco.
 
Bids are due on Feb. 1, 2022 and an auction will be held on Feb. 3, 2022.