Staples vs. Shoplet – What do you think? – International Intellectual Property Law- Case Study #18

Originally posted 2012-09-08 14:11:44. The largest office supply retailer, Staples, is suing a much smaller rival, Shoplet.com, for trademark infringement, claiming that Shoplet’s logo and website too closely resembles its own. To understand the market domination Staples has over Shoplet, Staples is the nation’s No.1 office supply retailer and the No.2 internet retailer, while Shoplet […]

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. This is just one of the innovative ways that fashion designers have been changing the face of the fashion market. Martje Dijkstra, is a distinguishing Dutch fashion designer that incorporates 3D technology into her pieces in some groundbreaking ways.

AMD LAW × GREGORIO SANCHEZ AT 2016 NYFW

Originally posted 2015-09-24 11:20:41. By Sindy Ding-Voorhees, www.amdlawgroup.com We are proud of our fashion brand Client —— Gregorio Sanchez —— for successfully presenting his 2016 Spring/Summer collection at Mercedes Benz New York Fashion Week. This is the brand’s second time showcasing at New York Fashion Week. Both times were cooperated with the prestigious bi-coastal fashion […]

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 idea of expanding their brand and marketing their products in China. But businesses should be wary when taking their brand to China especially if they have not yet registered their trademark in China.

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 their brand’s t-shirts sold by American fashion retailer Nordstrom, also a defendant. The shirts, which were priced at up to $295 apiece, have since been removed from sale on Nordstrom’s website. Actor Peter Fonda is suing for at least $6 million in compensation, claiming that the iconic images of himself in the classic 1969 film, “Easy Rider”, were used without his permission. Movie stills of Fonda on a motorcycle and the movie’s title in its original font are emblazoned on the t-shir

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.

Global Protection for All ~ Everywhere

Intellectual property is a vital necessity for the success of any product or company. Whether protection in trademark, patent, copyright, or trade secret, individuals or corporations need to ensure that their branding and unique designs will not be diluted by counterfeiters or copycats. The fashion industry especially has struggled with the issue of intellectual property as the Court views clothing as more for functional purposes than a distinguished product. Changes in the U.S. patent law provide great opportunity for fashion designers to protect their designs not only in the United States, but also all over the world.

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 […]

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.

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?