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Brand Protection

The Basics of the USPTO Supplemental Register

Business starts with a brand and that brand should be protected.  Trademark registration is one of the modes of brand protection.   If you have gone through the trademarking process you might soon become familiar with the supplemental register.  The goal is to get onto the principal register and NOT the supplemental register.  If you can make it to the supplemental register that is good and is your pathway to the “big league”, the principal register. 

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The Brand Protection Woes of the Fashion Brand Zara: Chinese Trademark “Hijacking”

News about Zara is all over the press lately. Zara’s founder, Amancio Ortega, recently surpassed Warren Buffet as the world’s second-richest man; several days later, the billionaire was also accused of being one of the most racist. Now, a $40 million discrimination lawsuit claiming he favors hiring employees who are “straight, Spanish and Christian”, has been filed against him. This lawsuit absolutely adds fuel to the flames for Zara, because remotely in China, Zara’s “backyard” is “on fire”.

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Self-Proclaimed Beats Co-Founder Being Sued by Apple

The recent purchase of Beats Electronics by Apple for $3 billion has left self-proclaimed Beats co-founder Steve Lamar in the dust. Last week, Apple (Beats Electronics, LLC—“Beats”) filed a lawsuit against Lamar claiming false advertisement and unfair competition. Beats contends Lamar has falsely claimed that he is a co-founder of the company, with Dr. Dre (Andre Young) and Jimmy Iovine. The company further asserts that Lamar has never had an ownership interest in Beats Electronics, LLC.

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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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Terms of Use And Copyright Infringement

Despite the internet’s universalizing concept, online activities are closely monitored by the law established in each country, and an imbalance in copyright infringement policies, which govern the online activities, can result in misjudging the user’s benign intentions.

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Another Fashion Design Steal? Designer Leggings

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.

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TRADEMARK INFRINGEMENT versus PUBLIC DOMAIN

By Eliana Rocchi | amdlawgroup.com
The expression “Public domain” is generally used with reference to the works that belong to everyone and are available for public use. The concept comes from copyright law. It identifies those creative works that are not protected by copyright and thus may be used freely by the public. In other words anyone can copy them or modify them or generally use them in any way they wish.

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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.

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Why Retailers Like Nasty Gal And Forever 21 Get Away With Knockoffs

Originally posted 2015-06-08 11:56:44. (By Kelsey Laugel – www.amdlawgroup.com) At the 2015 Billboard Music Awards in May, Nasty Gal, an American-based retailer that specializes in providing more affordable versions of designer clothing, claimed credit for Taylor Swift’s white Balmain jumpsuit. For comparison, the average Balmain jumpsuit can cost anywhere from $2,000 to $6,000 while the […]

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Are You a Risky Fashionista…Or Are You Risking the Protection of Your Brand?

By Breanna Pendilton | amdlawgroup.com
I know what you’re thinking: “What exactly is a risky fashionista, and how do I know if I am one or not?” A risky fashionista is a person who is interested in a popular style or practice of fashion which may involve the possibility of having a bad or unpleasant reaction from others. In order to be a risky fashionista, you need exactly what the word says: risk and fashion. Without the risk, you’ll just have fashion; and while fashion is ok, it is not enough to protect your brand.

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FACEBOOK AND YOUR BUSINESS SECURITY

This past week stirred a major storm for Facebook and the lack of trust with their security on the social media platform.  Will businesses start looking away from marketing on Facebook and their associated platforms, to other competing platforms like LinkedIn?  How safe do businesses now feel as a result of knowing that the Cambridge Analytica breach which was discovered in late 2015, but is only now surfacing, three years later?

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Trademark or Slur

The Redskins argue that they do not mean to offend anyone and that the name actually honors the Native Americans. If the trademark protection goes through, the Redskins can still not be stopped from using the name.

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The Not So iLife of Apple

With the entire hype surrounding apple, one would assume it was the only company to use the “i” before the name of the product it was selling. Unfortunately, this is not true in Brazil where Apple has been sued for using the term “iPhone”. Brazil is the largest Latin American country and Apple products are currently on the market there. However, other electronics companies are there as well.

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The Battle of Trademark Squatters In China

Originally posted 2014-04-16 17:10:31. By Sereine Brudent  |  amdlawgroup.com May 1, 2014, will mark a new frontier of Trademark Law in the People’s Republic of China. This third amendment seeks to address and define numerous areas of Trademark Law in order to circumvent trademark infringement. Previously, trademark rights were granted on a “first-to-file” principle, which […]

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