With cyber crime on the rise, ICANN is looking to help businesses pushback against cybersquatters and avoid deep litigation costs.
Intellectual property is a very important resource, and it is no surprise Forbes Magazine has called it among the most important resources in the 21st century. Despite what product or service a business makes or provides, intellectual property is being created and used in some way. Whether it be a trademark or confidential information, it is important for a business to protect its intellectual property.
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.
Originally posted 2013-03-13 19:01:49. By Tasha Schmidt | amdlawgroup.com As many people’s wallets are getting tighter it seems more people are sacrificing buying genuine luxury goods and instead are investing in fake fashion goods. Counterfeit fashion and brand imitation is going on all over the world. Some people may unknowingly be buying fake products, as […]
In 2005, LVMH, a conglomerate that owns Louis Vuitton, Céline, Marc Jacobs, Möet & Chandon, Dom Pérignon, and several other luxury brands, brought an action in French court against Google for trademark infringement. Now, after a 10-year legal dispute, LVMH and Google have come to a settlement agreement and have decided to join together to fight the advertising and promotion of counterfeit products.
You might think that you are just using an innocent nickname but on the other hand maybe you are not. Heisman Trophy winner Johnny Manziel teamed up with JMAN2 Enterprises LLC in December during football season to trademark, “Johnny Football.” However, neither the company nor Manziel cannot proceed to make money until he is out of the NCAA.
Avengers: Age of Ultron domestically grossed $191.3M dollars, and an impressive $631.1M internationally in its first week. Since, it has been reported by CNN the series earned $1B in just 24 days. These staggering numbers propel the Avengers franchise to adorn the number two spot, of top grossing series of all time. Age of Ultron did not disappoint. Tony Start was as witty and brilliant as ever, Bruce Banner was still attempting to come to terms with his “greener” side, and the villain in this particular installment gave the team an epic challenge.
With ICANN refusing to suspend new gTLD registries with piracy issues in their domain, a fight has broken out between domain companies and intellectual property interests and a solution seems hard to find.
Although Facebook’s ban remains in the People’s Republic of China, CEO Mark Zuckerberg inching away at this ban with his recent trademark-infringement win in China.
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.
At the 25th session of the U.S.-China Joint Commission on Commerce and Trade (JCCT), intellectual property rights were emphasized with a focus on trade secrets. Trade secrets have been a core concern among foreign companies in China. Lack of enforcement has been attributed to things like China’s limited experience with trade secret cases and reluctance on the part of the local governments to take on complex cases because of the time and resources involved.
Originally posted 2013-03-11 08:00:13.
Designer for Atelier de Geste, Beau Rhee was surprised to find one of the models in John Galliano’s debut show at London Fashion Week wearing a two-toned legging design that she featured in her own collection. Rhee watched the fashion show on Monday to see the Maison Margiela fashion show and was excited for the new haute couture fashion designs. Unsure whether the similar designs were simply coincidence or mere imitation, Rhee posted the pictures on Twitter and Instagram to receive her followers’ opinions.
Originally posted 2014-03-03 21:38:44. By Sindy Wenjin Ding | amdlawgroup.com With buying power resting at the tips of our fingers, tech savvy and not so tech savvy fashion addicts are able to pursue the internet for all of their fashion fixes. Direct purchasing from the intellectual property owners becomes not so direct in this fast-changing […]
The expansion of Richard Branson’s Virgin empire over the past forty years has spurred many trademark disputes between the brand and hundreds of companies, big and small. Staffed with an army of IP lawyers, Branson has spent considerable time and resources in the never-ending battle of protecting his brand’s legacy.