The Secret is Out!

By Breanna Pendilton | amdlawgroup.com
As mentioned in a previous blog, British luxury shirt retailer Thomas Pink filed an infringement action about a year ago against Victoria’s Secret with a court in London, alleging that the Victoria’s Secret PINK line confuses customers by marketing and selling products under the label “PINK” which is also a name under the Thomas Pink brand. Well, the verdict (or should I say “the secret”) is out! Judge Colin Birss ruled against Victoria Secrets saying that customers in Europe might associate the traditional shirt maker with underwear. But is it not this difference (the distinction between shirts and underwear), which should warrant the opposite verdict?

Protecting Your Brand: From the Factory to the Stores

By Breanna Pendilton | amdlawgroup.com
It is important as a designer that you protect the image and reputation of your brand. In other words, you want the product that is hanging in the stores to be the product that you produced in the factory; nothing less and nothing more. This seems to be a common problem with “off the rack” designers. Even though you can no longer monitor the day to day whereabouts of your designs after it leaves your supervision, you still have rights which may help protect your brand in the future.

Protecting Your Brand: U.S. Customs and Border Patrol

By Diana Chan | amdlawgroup.com
Last summer, the United States Customs & Border Patrol (CBP) in Los Angeles, California, seized over 16,000 counterfeit Hermès handbags, valued at $295,665. If they were genuine Hermès handbags, the total retail price would have been nearly $211 million. In May of this year, CBP in Jersey City, New Jersey, intercepted 185 counterfeit guitars bearing trademarks such as Gibson, Les Paul, and Martin. The counterfeit guitars were being sold for $200 to $500, while the retail price of genuine models range from $2,000 to $54,000.

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.

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 […]

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.

Hey, DJ Keep Playin’ That Song… Unless You Didn’t Pay For It!

By Breanna Pendilton | amdlawgroup.com
Hey, DJ
“Mic check, 1..2..1..2!” With the summer time here and the fall vastly approaching, we find ourselves in the season of parties: wedding parties, graduation parties, and soon, back-to-school parties. And with parties, come people, music, and DJs. While these three things are normal for every party, these three things can also put you at risk for violation of a federal copyright law. (Ask yourself, “Is the roof really on fire?’)

Thinking About Re-Branding?

By Diana Chan | amdlawgroup.com
Many brands that we know and easily recognize today have undergone re-branding campaigns by changing aspects of their logos and how they market to consumers. There are many reasons for re-branding, which include boosting sales and also revamping a company’s image.

First Step to Federally Protecting Your Trademark

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.

People must LIKE to sue Facebook

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 […]

Tebow Trades Cleats for CURE

Former NFL standout quarterback, now sports analyst, Timothy Richard Tebow has achieved much in his young career. Tebow was a Heisman Trophy winner twice in college at The University of Florida, and has enjoyed a somewhat fulfilling career at the NFL level. These accomplishments, have allowed Tebow to take his brand international to create The Tebow CURE hospital. A hospital that will be dedicated to impoverished children in Davao City, Philippines.

Are B-Corp’s Better for Business?

On the question are B-Corp’s are better for business? It is clear that B-Corp’s are better for society. Over 26 states are changing the corporate landscape. These states capitalizing on one of the largest entrepreneurial and business booms of this decade. Most are familiar with the three, most prevalent, kinds of corporate formation structures in the U.S.; the C Corporation; the S Corporation, and the Limited Liability Company also known as the LLC. But 26 states, including the District of Columbia, have adopted a new form of business model; the B-Corporation. The B-Corporation represents a business model that promotes socially responsible investing, corporate social responsibility, and social entrepreneurship; while remaining profitable.

Critiquing Fashion: Where to Start and How to Improve Fashion Critique

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?