Taylor Alison Swift, world renowned country music and pop sensation, is no stranger to the world of intellectual property. In recent years she has been sued for Trademark Infringement of Her Brand Lucky 13, she has created, and obtained, copyrights in chart topping albums, and pulled her music off media streaming giant Spotify. Taylor is at it again. She has recently filed for trademark rights of her works “This Sick Beat”, “Party Like It’s 1989”, amongst others. Taylor has not been granted any of these trademarks, as of yet, by the United States Patent and Trademark Office.
You acquire a trademark in the United States simply by using it. By registering your trademark on the Principal register you are enhancing the rights you already acquired when you started using the trademark. There are significant benefits to registering the trademark on the Principal Register.
For years I have been flooding my sphere of influence with information about brand protection: what it is and why it is important. Ideas become protectable brands. The reason that the concept resonates with me is that I have fallen prey to running my mouth about a great idea that came to me in one of my daily daydreams and watched someone else bring the concept to reality. Sure, they beat me to the “punch” and here I was left with very little recourse. This taught me a valuable lesson about protecting your valuable content FAST.
Imagine meeting the man or woman of your dreams. You are in bliss as the two of you undertake the journey to build a loving, and comfortable relationship. The relationship is a safe haven, a place of solace. It is so sacred that the two of you become romantically involved. You trust one another so much that harmless photos or videos are shared, and saved on each other’s mobile or media devices for future viewing. Then the unthinkable happens…a nasty break-up, someone hacks a cloud storage network, or a third party obtains the media and sells it for profit. You hear about your photo being posted on a revenge porn mogul website such as, Texxxan.com or Is Anybody Up.com. What remedies do you have? Will the legal system step in? Is the “injured party” entitled to relief?
When you think of a KitKat, what do you think of? Do you automatically think of the candy bar and imagine the “four-fingered shape?” This is what the latest ruling decided by the Board of the Appeal at the EU’s Community Trade Mark Office established.
By Mercedes Joshua | amdlawgroup.com
Michelle Obama, as you know, is our First Lady and the first African American First Lady. Just by being an intelligent African American woman Mrs. Obama became an inspiration to young African American women all over the world. But once she became First Lady, she was not only an inspiration because of her intelligence or graduating from Harvard, or becoming lawyer, or for being a public servant to the people. She was also an inspiration because of her fashion sense.
Last week, clothing company Duluth Trading Company was sued by former Eagles band mate Don Henley. In his complaint, Henley alleges that Duluth failed to obtain licensing rights to use Henley’s name in one of its email ads. The email advertisement was for a Duluth Henley t-shirt, and included the description, “Don a Henley and Take It Easy,” in the body of the email. In Henley’s complaint, he asserts that Duluth has infringed on both his name and likeness, in addition to an Eagle’s song titled, “Take It Easy.”
By Diana Chan | amdlawgroup.com
How do we critique fashion? What is fashion? How is it defined? Is fashion defined by the trends? or the uniqueness? or the quality? or the time period? There are such diverse brands, cuts, fabrics, accessories, colors that at first glance, fashion doesn’t seem like the type of industry that can be critically analyzed. There are too many factors, nothing is standard, and it is continually changing. Unlike art, the fashion industry is heavily business-oriented and centered on hard-pressed deadlines and at times mass production. So how can we critique fashion?
Imagine a publishing firm based in the United States called “KDBM Publishing” (a fictitious company). At PJD, they specialize in novels of fictions, and children’s books. To protect the creative ingenuity of their authors, PJD has copyrighted all of their works. However, copyright laws in foreign countries work differently than those in the United States. For example, in Canada, the dissemination of digital files is legal as long as the distributor is not making a profit. In the United States however, this is as known as piracy, and is illegal. If a citizen of Canada had digital files of PJD Publishing’s works and decided to distribute them for free, although this would legal in Canada, they would be in violation of The United States copyright law. Creating a consistent legal framework internationally are the efforts of international intellectual property law. In achieving this, intellectual property owners do business internationally while being protected by global intellectual property standards.
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?
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Owned by Nike since 2003, Converse’s Chuck Taylors have existed as a classic pair of shoes. Converse’s Chuck Taylor All Stars, commonly known as “Chucks,” are well-recognized by its classic rubber toe and sole and variety of colors. But over the years, look-a-likes from brands like Skechers, H&M, Fila, Ralph Lauren, Walmart, and several others have now led Converse to sue 31 companies for trademark infringement.
Originally posted 2013-02-18 19:01:00. “People must LIKE to sue Facebook” By. Kathleen Melhorn, AMD Law Staff Writer For the umpteenth time, Facebook is facing copyright infringement charges this week. After a Dutch family realized Facebook had very similar features to the invention made by their deceased kin, a lawsuit was issued. A Dutch programmer […]
After the much hyped keynote speech last week, Apple’s CEO, Tim Cook, introduced the Apple Watch. Companies like Google and FitBit have been trying to promote wearable technology by working together with fashion designers to create wearable technology that is fashionably appealing rather than appearing like a gadget. However, companies have struggled to get consumers to jump on the bandwagon. Will Apple be able to overcome this gap between of wearable technology and fashion?
Originally posted 2016-10-12 12:29:38. By: Marvin Hooker | Editor: Kristen Daly | www.amdlawgroup.com Restrooms that are characterized as non-gender are becoming more popular. Anna Stolley Persky documents this societal change in an ABA Journal article. According to Persky, George Washington University facilitated these changes by creating four unisex restrooms in its law school. Initially, the […]