Recent Blog Posts

Apple doesn't make the same mistake twice (Kathleen Melhorn, Staff Writer)

Instead of facing infringement charges or risking winding up in court again, Apple filed seven trademarks this week. The patents ...

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Nike Sues Former Designers Who Left to Work for Adidas

The ongoing battle for supremacy between Nike and Adidas has recently reached a new level. Last week, Nike initiated a ...

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Merchandise Designers, Hold the Confetti! The Redskins’ Name and Logo are Not Open for Business…

By Ozelle Martin | amdlawgroup.com There is a well-known professional football team in the National Football League (NFL) called the Washington ...

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Cow Urine: Just Another Bodily Fluid or India’s Next Chance to Pushback Against Big Pharma?

An emerging push in India toward the patenting of cow urine may help shed a light on pharmaceutical patent policy ...

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The Trademark Tacking Doctrine: What is it and Who Should Decide.

In trademark law, the tacking doctrine allows an existing trademark owner to modify its mark without abandoning ownership of the ...

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Amazon's Merchandising and Trademark Law

Muti Time Machine Inc, v. Amazon.com deals with the question of whether Amazon’s search results violate trademark law. Multi Time ...

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READ This Before you PIN another item on Pinterest!

READ This Before you PIN another item on Pinterest!

Pinterest is easily among today’s hottest new social media services. Founded in 2009, the easy to use image sharing site ...

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Apple doesn’t make the same mistake twice (Kathleen Melhorn, Staff Writer)

Instead of facing infringement charges or risking winding up in court again, Apple filed seven trademarks this week. The patents Apple filed would protect the application icons in the new iPod Nano device coming out soon. A website called “Patently Apple” which focuses solely around Apple’s inventions, breaks down the entire file for the trademarks. Viewers are able to see all details down to the colors that they would like to own for the application icons.

Merchandise Designers, Hold the Confetti! The Redskins’ Name and Logo are Not Open for Business…

By Ozelle Martin | amdlawgroup.com
There is a well-known professional football team in the National Football League (NFL) called the Washington Redskins and their logo features a Native American man wearing a feathered headdress. While the franchise has been in existence for over 80 years, there has been much debate surrounding the connotation of the term “redskins.” Moreover, a quick search of the Oxford dictionary defines the term as “an American Indian” with a note that the term is deemed “offensive.” Consequently, the Washington Redskins franchise has found itself in the midst of many fiery discussions as to whether the franchise should be allowed to legally own and utilize the name.

Trademark Squatting Gets Nowhere: Dsquared2 Won Back Its Legal Distributorship in China

Originally posted 2014-01-21 17:10:02. By Sindy Wenjin Ding | amdlawgroup.com A big periodic victory belongs to Dsquared2. This well-known fashion brand successfully secured its legal distributorship in China after experiencing a really hard time fighting for the legitimate sources for distribution of its products. The court in Hangzhou, in the decision, gave a green light […]

The Trademark Tacking Doctrine: What is it and Who Should Decide.

In trademark law, the tacking doctrine allows an existing trademark owner to modify its mark without abandoning ownership of the original trademark. The key to allowing the modification without abandonment or loss of priority is continuity. In other words, the mark must retain a common element that symbolizes a continuing commercial impression.

Amazon’s Merchandising and Trademark Law

Muti Time Machine Inc, v. Amazon.com deals with the question of whether Amazon’s search results violate trademark law. Multi Time Machine sued Amazon for copyright infringement. For those of us who are familiar with Amazon, we have probably found ourselves searching for something on Amazon, adding it to our shopping bag, and then proceeding to find another ten items we would also like to buy. There is no doubt that Amazon benefits customers in the way that it offers complementary and competitive products. On the other hand this does not make many trademark owners happy as they may loose the purchase to a competitor

READ This Before you PIN another item on Pinterest!

Pinterest is easily among today’s hottest new social media services. Founded in 2009, the easy to use image sharing site has over ten million members and continues to grow. The website allows users to “pin” images they like on the web to their personal “pinterest board” that they can share with friends and publish to the world at large. You can see what your friends are pinning, re pin things you like, and essentially just look at lot of amazing images on the internet.

China Making Strides to Establish Specialized Court for Intellectual Property

China is taking strides to establish specialized courts to handle intellectual property cases. Over the next two weeks, China plans to set up its first specialized court in Beijing, and by the end of the year, intellectual property courts will be set up in Shanghai and Southern Guangzhou. China has been criticized for its lack of enforcement of intellectual property rights, but in recent years, it has made several developments to its intellectual property laws.

The Pink Store Prevails

A business owner in Elkorn, Nebraska recently won a trademark battle against Limited Brands giant Victoria’s Secret. Beka Doolittle, owner of the online business “The Pink Store” has been going up against Victoria’s Secret this past year over use of the word “pink”. One of the notable brands of Victoria’s Secret is it’s Pink line that caters to young women. Ms. Doolittle’s online business carries items for all ages and items for the home, all themed as (you guessed it) pink. After Victoria’s Secret submitted a petition to cancel her mark on the United State Patent and Trademark Office (USPTO) , Ms. Doolittle enlisted help in order to fight back, and it paid off. Victoria’s Secret finally backed off and cancelled their petition, but with no clear reason.

Parody or Trademark Infringement? The Tale of Print T-Shirts

By Ozelle Martin | amdlawgroup.com
Lately, there seems to be a sudden burst in the number of print t-shirt lines that bear designs that are strikingly similar to those of well-known luxury brands such as Chanel, Gucci, Louis Vuitton, and Givenchy. Undoubtedly, these print t-shirt creators have ventured such a path, in an effort to appeal to the audiences of these very brands to whom they have become parasitic. With ammunition, in the form of potent legal departments, in tow- many of these brands are shooting off cease and desist letters like paintballs. Very often, their claim is that the printed t-shirt creators are infringing upon their marks. In response, the printed t-shirt creators raise their shields and assert that their inspired designs are mere parodies, a defense borrowed from copyright law’s fair use doctrine.

Fashion Inspiration: Halle Berry

By Mercedes Joshua | amdlawgroup.com
Halle Maria Berry is an American actress and former fashion model. She has won an Academy Award for Best Actress, becoming the first and, as of 2014, the only African American woman to win an Oscar for a leading role. She was one of the highest paid actresses in Hollywood during the 2000s and has been involved in the production side of several of the films in which she performed. She is also a Revlon spokes model. Clearly, Halle Berry has accomplished a lot in her career and on her road to success she became a role model to young women.