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Brand Protection

Preserving Originality in Branding through Trademark Protection

By Ozelle Martin | amdlawgroup.com
Originality is the cornerstone for building a formidable identity for a brand. Marketers, branding professionals, entrepreneurs and the like spend a great deal of time brain-storming the elements that would ensure that a brand is memorable and readily identifiable by its consumers and potential consumers. Furthermore, the originality of a brand’s identify is the greatest reputational asset that any business can possess and it must be preserved and protected.

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Getting Out of the Weeds: Why Cannabis Products Can Be Patented but not Trademarked

Cannabis is legal for recreational or medicinal use in almost 30 states, and this number is likely to grow. However, cannabis remains illegal under federal law. As a result, the United States Patent and Trademark Office (USPTO) will not register trademarks for retailers of cannabis, or for products that contain cannabis.
However, what is especially interesting is that the USPTO will grant patents involving cannabis and its derivatives. More simply put, cannabis is patentable. Examples of cannabis-related patents include drug formulations, methods of treating sickness and disease with cannabis, and even cannabis plant patents. So why is cannabis patentable, even though federally it is illegal?

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015: The Top 10 Most Valuable Brands

In this episode, we discuss the Top 10 Most Valuable Trade

Lead-off Quote

A great brand is a story that’s never completely told. A brand is a metaphorical story that connects with something very deep – a fundamental appreciation of mythology. Stories create the emotional context people need to locate themselves in a larger experience.   ~Scott Bedbury

Top 10 Most Valuable Trademarks as of 2018.  

Amazon $150.8 Billion
Apple $146.3 Billion
Google $120.9 Billion
Samsung $92.3 Billion
Facebook $89.7 Billion
AT&T $82.7 Billon
Microsoft $81.2 Billion
Verizon $62.8 Billion
Walmart $61.5 Billion
ICBC $59.2 Billion 

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Making a Case for Modern-day Copyright in Court and in Congress

This week, copyright issues received considerable federal attention both in the Ninth Circuit of the US Courts of Appeals on Wednesday and in a hearing by the U.S. House of Representatives’ House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on Thursday. While the court ruled that digital video recorders that automatically

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Doing the Most!: 50 Cent Expands Empire with New Disney Deal

Curtis “50 cent” Jackson is the classic rags to riches tale. He grew up on the streets of Jamaica Queens, NY, where he was shot 9 times, and managed to survive the encounter. One could make an argument that the 39 year old rapper was destined to give the world something great. Not only has the mogul churned out one of the best-selling rap albums of all time with his debut “Get Rich or Die Tryin” in 2003, but he has also become a successful actor, and one of the most savvy business men in the music industry. In conjunction with his condom brand, entitled “Magic Stick”, and one of the most lucrative beverage deals in history with his “Formula 50” Vitamin Water, the multi-talented Jackson has now entered the audio industry with a new headphone deal with Intel, SMS Audio, and Disney.

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Robin Thicke Sues to Clear “Blurred Lines” from Copyright Claims

Robin Thicke and co-writers Pharrell Williams and Clifford Harris of this summer’s pop anthem, “Blurred Lines”, filed a lawsuit on August 15 in response to accusations by Marvin Gaye’s family and Bridgepoint Music, Inc. that the hit copies from Gaye’s 1977 single “Got to Give It Up” and Funkadelic’s 1974 song “Sexy Ways”. Bridgepoint Music owns some of the copyright for Funkadelic’s music. The Gayes and Bridgepoint have threatened to sue if the artists do not pay a monetary settlement, so Thicke, Williams and Harris are seeking declaratory relief from a Californian US District Court that would protect their from the defendants’ claims.

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Nestle Loses Battle to Trademark the “Kit-Kat” Design in the U.K.

The Advocate General of the Court of Justice of the European Union (EU) advised the European Court that Nestlé’s attempts to trademark the Kit Kat’s distinctive four-fingered shape does not comply with EU law. This opinion is likely to effectively end Nestlé’s attempts to trademark the shape of the candy as European Court judges usually follow the opinions of advocate generals.

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013: Using Photos In A Way to Lessen Copyright Violations

In this episode, we discuss how to use photos in a way to lessen copyright violations.

The lead-off quote:

The best thing about a picture is that it never changes, even when the people in it do.”

— Andy Warhol

Always ask permission to use a photo.

The first step in legally obtaining copyrighted images is to simply ask permission from the owner. It’s very important that you make sure the person you’re asking has the rights to license the image.

You’re going to want to explain how you’re going to use it and give them a URL of where it is going to go. If they agree, they may insist on strict guidelines for the use of the image. They may only let you use that one image in that one instance, so it’s important to know what parameters you can use the image in before you give it many purposes.

Other things to keep in mind are that the owners might ask you to pay a fee when you request their permission for their material. Finally, but maybe most importantly, you should ask well in advance before you plan on putting the image on your site. Allow yourself time to obtain sufficient permissions.

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Maintaining Your Trademark

A federally protected trademark can be retained indefinitely if maintained in accordance with the laws.  After going through the effort of obtaining federal protection of a Trademark, why would you want to forgo those rights by not maintaining it?  Failing to comply with the required maintenance documents can lead to cancellation of the mark being protected under federal law, thus losing the protected rights afforded under statute provided at the federal level.

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New York Fashion Week Update

Following-up on the court’s decision that New York’s Fashion Week venue be moved, the show is confirmed to be moving somewhere downtown for September. There is speculation that the show will be located in multiple venues to give designers flexibility. Once the Culture Shed opens in 2017, the search for a new venue might be over. The venue located in Hudson Yard on West 30th Street will have four runways, several studios, and an exhibition space. New York Fashion Week’s contract with Lincoln Center that allowed the show to use its venue until 2020 now is rendered moot.

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Insight Into the Ever-Growing Realm of Generic Top-Level Domains (gTLDs)

Originally posted 2014-04-07 17:32:19. By Kathy Stewart | amdlawgroup.com   As society of internet users we have all grown comfortable and accustomed with the existing Internet domains, which have suffixes such as .com, .net, .edu and .org. However, several new suffixes have hit the market, and they are accompanied with a variety of considerations, offering […]

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