Recent Blog Posts

New Age of Fashion: Dutch Designer Meshes 3D Technology and Haute Couture

One of fashion's newest trends is the utilization of 3D printing technology to produce custom made clothing, footwear, and jewelry. ...

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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, ...

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Ready to Expand to China? Don't Wait to Register Your Brand

By Diana Chan | amdlawgroup.com Because of the sheer number of people (and potential consumers), businesses are often drawn to the ...

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HOW TO PROTECT YOUR DESIGN AS A TRADEMARK

Sometimes patenting an invention to protect how it is made or the way it works doesn’t cut it. Sometimes a ...

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Peter Fonda Brings Suit for ‘Easy Rider’ Shirts Against Dolce & Gabbana, Nordstrom

Italian luxury fashion designers Domenico Dolce and Stefano Gabbana have been caught in a fresh legal bind, this time over ...

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Isn’t It Obvious? A Look at the Effect of Obviousness in Patent Law

A major requirement for patentability is non-obviousness. However, tests for obviousness have changed as of recently. Through discussion of the ...

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Fashion Law: What Threatens Your Brand Value & What Causes the Invasion of Online Piracies? (1)

Originally posted 2014-01-13 14:58:32. By Sindy Wenjin Ding | amdlawgroup.com             Although it has long been said the imitation may be the sincerest form of flattery, in fashion business, unauthorized “imitations” cost companies immeasurable sums in lost sales and damage to the reputation.[i] Most fashion companies don’t welcome, even fear this kind of flattering, when […]

Patent Troll Control

A study published by Boston University in 2012 found that over $29 billion of direct costs were generated by patent troll patent assertions. Further, it is estimated that these costs ballooned to over $80 billion, once the stock market reacts to such litigation. “Patent trolls,” or Non-practicing entities (NPEs), can be either a company or individual who essentially purchases patents, but has no intention to develop and market a product arising from that patent.

SMILE! BUT DO NOT INFRINGE MY TRADEMARK!

By Eliana Rocchi | amdlawgroup.com
Can emoticons become trademarks? Apparently yes, as there are several federally registered trademarks that are in fact emoticons. The “smiley”, for example is used by clothing and jewelry companies, perfumes producers and souvenirs retailers. The “winkey” is used for alcoholic beverages. Even the “frowny” is used as a trademark for companies producing clothing and greeting cards.

A Tale of Two Stores: To Change or Not to Change

By Breanna Pendilton | amdlawgroup.com
With back to school shopping just around the corner, I can’t help but wonder what happened to some of my own favorite back to school stores. Stores like JC Penney’s and Abercrombie and Fitch were all the rage growing up when it was time to do school shopping and now, these two stores are basically non-existent. “What happened to them?” you ask: Change. With the times changing, stores like these found themselves plummeting in sales and holding on by a thread, literally.

Fashion Law: What Threatens Your Brand Value & What Causes the Invasion of Online Piracies? (2)

Originally posted 2014-01-16 16:35:46. By Sindy Wenjin Ding | amdlawgroup.com             2.    What Causes the Invasion             First of all, as cyberspace/public domain has become an open gateway, there are no boundaries on geography, time, buyers, identity of sellers, etc., in this invisible cyberspace market. The […]

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.

DO YOU NEED A DESIGN PATENT OR A COPYRIGHT?

By Eliana Rocchi | amdlawgroup.com
When you seek a patent for your invention you should know that the “classic” type of patent, called “utility patent”, is aimed to protect its functional and structural features. If you also want protected your invention’s visual characteristics, like its shape or its decoration, you might need a design patent. In fact, the appearance of your invention will not be covered by a utility patent if it is not functional to the working of the invention itself, if it only serves, in other words, just an ornamental purpose.

WHAT YOU NEED TO KNOW ABOUT PROTECTING YOUR APP

The billion dollars app boom is far from being over! A recent study carried out by GIGAOM for the European Commission (https://ec.europa.eu/digital-agenda/en/news/sizing-eu-app-economy) shows how apps are going to substantially contribute to the future global economy and how app developers are going to take the global lead. It is important, for app developers, to know how to obtain protection for their ideas at first, and in the end for their developed apps.

Protecting Your Invention Internationally: More Possible Than Ever Before

In today’s global marketplace, it’s hard for an entrepreneur with a great idea to know whether their idea will be protected when the economy drives it from one country to the next. The amount of regulations involved and the language barriers can be daunting, and sometimes the paperwork can be very confusing. Fortunately, some measures exist that make it easier for modern inventors to market their products in many different countries. The Patent Cooperation Treaty (PCT) is a treaty designed to assist entrepreneurs in repeating the patent process in other countries where they might like to market their idea.

Labels: Is all that glitters truly gold?

By Eliana Rocchi | amdlawgroup.com
Designer garments might cost a lot of money. Yet, a large number of consumers are willing to go the extra mile to buy them and would choose the high end designer label over a less known brand of clothing or a no-brand. No matter if they can easily afford it or not. Is that reasonable? Are consumers paying for the product they are buying or just for its label?

A Harlem Shake Infringement

Originally posted 2013-03-12 20:55:56. By Tasha Schmidt | amdlawgroup.com Have you heard of the “Harlem Shake?” The “Harlem Shake” is more than just a really popular video. Voices being heard in the background of the viral Internet hit on “Harlem Shake,” have caused quite the uproar. One of the individual’s whose voice can be heard […]