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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Court Date Set for Facebook Ad, Eminem Song Copyright Case

8 Mile Style, a song publisher for Eminem, filed a lawsuit in May against Facebook and Wieden & Kennedy, the advertising agency behind Facebook’s “Airplane” commercial for copyright infringement. The copyrighted song in question is “Under the Influence”, a collaboration piece between Eminem and rap group D12 off “The Marshall Mathers LP”, Eminem’s third and most successful studio album to date.

Prince Rocks The Courthouse: Copyright Protection

Pop music icon and recently deceased recording artist Prince was well known for his legendary songwriting, epic guitar skills, and flamboyant fashion style but also for his relentless pursuit of copyright infringement. In 2007, Prince declared war on The Pirate Bay, a torrent based online music sharing website, and filed a lawsuit which ultimately led to a $3.6 million verdict and even jail time for the website’s operators. Prince had received public backlash on numerous occasions for attempting to takedown fan websites that use his image and likeness.

Luxury Beneath the Label: Protecting Your Brand at a Molecular Level with DNA Marking

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.

Going Global: Don’t Get Lost in Translation

By Diana Chan | amdlawgroup.com
As businesses go global, catering to the local culture becomes an enormous factor in the success of the brand. Translations and images are often interpreted in different ways and what works in the United States may not be kindly accepted in another country. Even large corporations that spend millions of dollars on marketing have created failing campaigns from lack of research or minor mistakes.

Amazon’s Loss to Lush

Lush is a beauty brand that produces products from fresh organic fruit and vegetables. Their products such as makeup, soap, and face wash are not animal tested and are made fresh by hand with little or no preservative. Lush brand chose not to sell their products on Amazon but when customers searched “lush” into the search bar, similar beauty products sold by Lush appeared in the results.

SiriusXM Appeals Copyright Ruling

he U.S. District Court of Appeals for California ruled against SiriusXM last week for airing music produced prior to the 1972. The laws of federal copyrights after 1972 expanded to cover master recordings. The lawsuit was filed by band songwriters Flo & Eddie of the Turtles. They sought $100 million in damages from the satellite radio company.

Road to the ITC is paved with Patent Trolls

Part of the International Trade Commission (ITC)’s job is to protect U.S. industry by monitoring foreign imports. The ITC can prevent goods from entering the country—including for infringement of IP. And it can issue only one remedy for infringements—an injunction. No money, just exclusion orders that stop violators in their tracks. And this is exactly why legitimate businesses and questionable businesses alike have raced down the road to the ITC.

What does that have to do with money-grubbing patent trolls?