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By Ann Marie Sallusti | amdlawgroup.com
Trademarks are not just a mark on a product. Trademarks make products identifiable to consumers and are essentially the product that is being sold. Trademarks “may” be federally registered with the United States Patent and Trademark Office (USPTO), but registration is not mandatory in the United States. Unlike most countries, the United States follows the first to use rule when protecting trademark rights. The first to use rule protects the trademark rights of the first party who uses the trademark of a certain product or service in commerce. Therefore, if a creator satisfies the requirement of using the trademark in commerce in the United States, the creator’s work will be protected. On the other hand, most other countries follow the first to file rule when protecting trademark rights, which protects the trademark rights of the first party to file an application and receive registration for a certain product or service.

Originally posted 2015-06-08 11:56:44. (By Kelsey Laugel – www.amdlawgroup.com) At the 2015 Billboard Music Awards in May, Nasty Gal, an American-based retailer that specializes in providing more affordable versions of designer clothing, claimed credit for Taylor Swift’s white Balmain jumpsuit. For comparison, the average Balmain jumpsuit can cost anywhere from $2,000 to $6,000 while the […]

Christina Serverino | amdlawgroup.com
Following my post last week regarding the blunders of outlet mall fashion, my curiosity led me to further focus on why (despite being out of style or season) consumers continue to flock in droves to discount retailers such as these, oftentimes in a stint of wanton disregard for the authority of the omnipresent “Fashion Police”. This curiosity led me to a Google search unveiling a patchwork of blog entries and even scholarly articles addressing the societal and scientific impact of consumer behavior and turnover rate of trends. The approaches of the bloggers and scientists seemed contradictory to one another: Bloggers expressed flagrant hostility towards certain trends, while researchers seemed to discredit such convictions, suggesting that the lust for luxury prevails. So what exactly is driving consumers to covet for couture: the product itself or elicited attention of the brand?

By Breanna Pendilton | amdlawgroup.com
I know what you’re thinking: “What exactly is a risky fashionista, and how do I know if I am one or not?” A risky fashionista is a person who is interested in a popular style or practice of fashion which may involve the possibility of having a bad or unpleasant reaction from others. In order to be a risky fashionista, you need exactly what the word says: risk and fashion. Without the risk, you’ll just have fashion; and while fashion is ok, it is not enough to protect your brand.

This past week stirred a major storm for Facebook and the lack of trust with their security on the social media platform.  Will businesses start looking away from marketing on Facebook and their associated platforms, to other competing platforms like LinkedIn?  How safe do businesses now feel as a result of knowing that the Cambridge Analytica breach which was discovered in late 2015, but is only now surfacing, three years later?

With the entire hype surrounding apple, one would assume it was the only company to use the “i” before the name of the product it was selling. Unfortunately, this is not true in Brazil where Apple has been sued for using the term “iPhone”. Brazil is the largest Latin American country and Apple products are currently on the market there. However, other electronics companies are there as well.

Originally posted 2014-04-16 17:10:31. By Sereine Brudent  |  amdlawgroup.com May 1, 2014 will mark a new frontier of Trademark Law in the People’s Republic of China. This third amendment seeks to address and define numerous areas of Trademark Law in order to circumvent trademark infringement. Previously, trademark rights were granted on a “first-to-file” principal, which […]

Originally posted 2013-02-18 19:05:00. “The Not So iLife of Apple” By Kathleen Melhorn, AMD Law Staff Writer With the entire hype surrounding apple, one would assume it was the only company to use the “i” before the name of the product it was selling. Unfortunately, this is not true in Brazil where Apple has been […]

By Christina Severino | amdlawgroup.com
The prevalence of counterfeit fashion has increasingly threatened the integrity and presence of luxury brands on a global stage. For every misspelled logo, clumsy stich or questionable cashmere sweater, profits collected from these counterfeits do more than fool the purchaser; they undermine the ingenuity of the original brand and potentially fund other criminal conduct that may go undiscovered.

Originally posted 2013-03-13 19:01:49. By Tasha Schmidt | amdlawgroup.com As many people’s wallets are getting tighter it seems more people are sacrificing buying genuine luxury goods and instead are investing in fake fashion goods. Counterfeit fashion and brand imitation is going on all over the world. Some people may unknowingly be buying fake products, as […]