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Trademarks and Other Intangibles, net
12 Months Ended
Dec. 31, 2015
Goodwill And Intangible Assets Disclosure [Abstract]  
Trademarks and Other Intangibles, net

2. Trademarks and Other Intangibles, net

Trademarks and other intangibles, net consist of the following:

 

 

 

 

 

December 31, 2015

 

 

December 31, 2014

 

 

 

Estimated

Lives in

Years

 

Gross

Carrying

Amount

 

 

Accumulated

Amortization

 

 

Gross

Carrying

Amount

 

 

Accumulated

Amortization

 

Indefinite-lived trademarks and copyrights

 

Indefinite

 

$

1,691,411

 

 

$

 

 

$

1,986,350

 

 

$

 

Definite-lived trademarks

 

10-15

 

 

6,232

 

 

 

3,688

 

 

 

17,404

 

 

 

10,985

 

Non-compete agreements

 

2-15

 

 

940

 

 

 

686

 

 

 

940

 

 

 

450

 

Licensing contracts

 

1-9

 

 

4,844

 

 

 

2,529

 

 

 

11,803

 

 

 

8,728

 

 

 

 

 

$

1,703,427

 

 

$

6,903

 

 

$

2,016,497

 

 

$

20,163

 

Trademarks and other intangibles, net

 

 

 

 

 

 

 

$

1,696,524

 

 

 

 

 

 

$

1,996,334

 

The trademarks of Candie’s, Bongo, Joe Boxer, Rampage, Mudd, London Fog, Mossimo, Ocean Pacific, Danskin, Rocawear, Cannon, Royal Velvet, Fieldcrest, Charisma, Starter, Waverly, Ecko, Zoo York, Peanuts, Ed Hardy, Sharper Image, Umbro, Modern Amusement, Buffalo, Lee Cooper, Hydraulic, Nick Graham, Strawberry Shortcake and Pony have been determined to have an indefinite useful life and accordingly, consistent with ASC Topic 350, no amortization has been recorded in the Company’s consolidated statements of operations. Instead, each of these intangible assets are tested for impairment annually and as needed on an individual basis as separate single units of accounting, with any related impairment charge recorded to the statement of operations at the time of determining such impairment. The annual evaluation of the Company’s indefinite-lived trademarks is performed as of October 1, the beginning of the Company’s fourth fiscal quarter.

 

The Company recorded impairment charges for indefinite-lived intangible assets consisting of trademarks in the fourth quarter of fiscal 2015. In connection with the preparation of the Company's financial statements for the fourth quarter of fiscal 2015, the Company concluded that the decline in net sales of certain Men’s brands (Ecko, Rocawear, Ed Hardy, Artful Dodger, Nick Graham and Hydraulic) and certain Home brands (Royal Velvet and Cannon) as well as a decline in future guaranteed minimum royalties from license agreements for these brands were indicators of impairment.

The Company measured its indefinite-lived intangible assets for impairment in accordance with ASC-802-10-55-3D which states, “The income approach converts future amounts (for example cash flows) in income and expenses in a single current (that is, discounted) amount.  When the income approach is used, fair value measurement reflects current market expectations about those future amounts.  The Income Approach is based on the present value of future earnings expected to be generated by a business or asset.  Income projections for a future period are discounted at a rate commensurate with the degree of risk associated with future proceeds.  A residual or terminal value is also added to the present value of the income to quantify the value of the business beyond the projection period.”

The Company recorded non-cash asset impairment charges of $362 million in the men’s segment to reduce the Ecko, Rocawear, Ed Hardy, Artful Dodger, Nick Graham, and Hydraulic trademarks to fair value in the fourth quarter of fiscal 2015. The Company recorded non-cash asset impairment charges of $40 million in the home segment to reduce the Royal Velvet and Cannon trademarks to fair value in the fourth quarter of fiscal 2015.  Changes in estimates and assumptions used to determine whether impairment exists or changes in actual results compared to expected results could result in additional impairment charges in future periods.

Consistent with ASC Topic 350, there was no impairment of the indefinite-lived trademarks during FY 2014 and FY 2013. Further, as it relates to the Company’s definite-lived trademarks, and consistent with ASC Topic 360, there was no impairment of the definite-lived trademarks during FY 2015, FY 2014, and FY 2013.

The decrease in indefinite-lived trademarks is due primarily to the impairments of Ecko, Rocawear and Ed Hardy brands trademark by $129 million, $169 million, and $54 million, respectively, within the men’s segment, and impairment of Royal Velvet brand trademark by $38 million within the home segment.  Other amortizable intangibles primarily include non-compete agreements and contracts and are amortized on a straight-line basis over their estimated useful lives of 1 to 15 years. Certain trademarks are amortized using estimated useful lives of 10 to 15 years with no residual values.

In March 2015, the Company acquired the 50% interest in Iconix China held by its joint venture partner, thereby increasing its ownership interest in Iconix China to 100%. As a result of this transaction, Iconix China is now consolidated with the Company, which increased the Company’s indefinite-lived trademarks by $40.5 million. See Note 3 for further details on this transaction.

In March 2015, the Company acquired the Strawberry Shortcake brand. As a result of this transaction the Company’s indefinite-lived trademarks and licensing contracts increased by an aggregate $56.2 million. See Note 3 for further details on this transaction.

In February 2015, the Company acquired through its wholly-owned subsidiary, US Pony Holdings, LLC, the rights to the Pony brand in respect of the United States, Canada and Mexico. Immediately following such acquisition, a third party contributed specified assets to US Pony Holdings, LLC in exchange for a 25% non-controlling interest in the entity. As a result of these transactions, US Pony Holdings, LLC is consolidated with the Company, which increased the Company’s indefinite-lived trademarks and licensing contracts by $32.6 million. See Note 3 for further details on this transaction.

In December 2014, the Company acquired a 51% controlling interest in Hydraulic IP Holdings, LLC. As a result of this transaction, Hydraulic IP Holdings, LLC is consolidated with the Company, which increased the Company’s indefinite-lived trademarks by $9.5 million. See Note 3 for further details on this transaction.

In December 2014, the Company acquired a 51% controlling interest in NGX, LLC. As a result of this transaction, NGX, LLC is consolidated with the Company, which increased the Company’s indefinite-lived trademarks by $9.0 million. See Note 3 for further details on this transaction.

In June 2014, the Company sold the exclusive right to use the “sharperimage.com” domain name and Sharper Image trademark in connection with the operation of a branded website and catalog distribution in specified jurisdictions, thereby decreasing indefinite-lived trademarks by approximately $3.6 million.

In February 2014, the Company acquired the 50% interest in Iconix Latin America held by its joint venture partner, thereby increasing its ownership in Iconix Latin America to 100%. As a result of this transaction, Iconix Latin America is now consolidated with the Company, which increased the Company’s indefinite life trademarks by $82.4 million.

In January 2014, the Company acquired a 1% interest in Iconix Europe, thereby increasing its ownership in Iconix Europe to 51%, in addition the Iconix Europe agreement was amended to provide for additional rights to the Company. As a result of this transaction, Iconix Europe is now consolidated with the Company, which increased the Company’s indefinite life trademarks by $27.0 million. See Note 3 for further explanation of these transactions.

Amortization expense for intangible assets for FY 2015, FY 2014 and FY 2013 was $3.1 million, $4.5 million and $7.4 million, respectively. The Company projects amortization expenses to be $1.7 million, $0.9 million, $0.4 million, $0.2 million and $0.2 million for FY 2016, FY 2017, FY 2018, FY 2019 and FY 2020, respectively.