Applying and receiving a trademark is a daunting task and requires time and precision to ensure you do not face litigation for trademark infringement and other problems in the future. Understanding the basic requirements of what to look for when you are considering applying for a trademark, and what the United States Patent and Trademark Office (USPTO) looks for is critical from the beginning.
By Christina Severino | amdlawgroup.com
In addition to the soaring popularity of social media, the advances in technology have lead many fashion and beauty brands to target consumers through mobile technology. Companies such as Target offer an SMS service in which they send coupons to customers on a regular basis, right to their mobile device.
The Super Bowl is set to be played this Sunday, February 1, 2015, and while many are wrapped up in the deflate-gate controversy surrounding the New England Patriots following the AFC Championship Game against the Indianapolis Colts, some are still left scratching their heads concerning Marshawn Lynch’s presence (or lack thereof) in the media.
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” principal, which […]
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?
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.
Last week, Judge Costa of the Southern District Court of Texas (Galveston Division) ruled against New York Pizzeria, Inc. (NYPI) on its claims for damages regarding infringement of its flavors and plating methods of its menu items. The suit was brought by former president of NYPI, Raviner Syal (Syal), claiming that he took advantage of his access to NYPI’s recipes, suppliers, and other internal documents. In doing so, NYPI claimed that Syal has created a similar restaurant chain, Gina’s Italian Kitchen (Gina’s), which includes items on its menu that mimic the flavor and uniqueness of NYPI’s cuisine.
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 […]
Originally posted 2012-08-21 15:42:26. The search engine, Google has made some very interesting changes to its search algorithm aimed at deterring the use of sites that host copyright infringing content. This is a critical step in protecting valuable creative content on the internet. Google is now taking into account the number of valid copyright removal […]
Originally posted 2013-02-27 18:26:52. Tasha Schmidt, Staff Writer, AMD Law Have you downloaded an app for Google Play? Well next time you do, you will probably think twice before doing it. In addition to the malicious software that somehow wiggled its way into the store, it was revealed that Google collects users personal data. Not […]
Your trademark, like your name, is your identity, because, as a solopreneur, your business is yours and yours alone. And unlike your personal name, which you most probably did not choose, you worked and thought long and hard before you decided on your business trademark. You should have chosen a name that is unique, and that cannot be confused with the trademark of any other business, whether in a field similar to yours or those that have nothing at all to do with what you do. Now, you need to make sure that it is protected so that it belongs only to you, and so that when you decide to pursue other opportunities, you can even sell your trademark along with your other business assets.
For years I have been flooding my sphere of influence with information about brand protection: what it is and why it is important. Ideas become protectable brands. The reason that the concept resonates with me is that I have fallen prey to running my mouth about a great idea that came to me in one of my daily daydreams and watched someone else bring the concept to reality. Sure, they beat me to the “punch” and here I was left with very little recourse. This taught me a valuable lesson about protecting your valuable content FAST.
Tadashi Yani, who became the second richest man in Japan, founded the relatively new Japanese brand Uniqlo. There are more than 1,500 stores around the world; New York’s Fifth Avenue Uniqlo store encounters 6,000 customers daily and each customer buys an average of four items. How did Uniqlo’s fashion label rise to the top in such a short period of time? Many fashion companies focus on the high fashion runway trends and translate them into affordable versions, but Uniqlo takes it back to the basics. Uniqlo’s clothes are simple and practical. Although the company only has few styles to choose from, each style of clothing comes in over a hundred colors. Because Uniqlo’s products are not elaborate, buying fabric is cheaper—which allows the company to provide cheaper prices for its consumers. Uniqlo also has a team of textile masters who develop new high-tech fabrics for the brand. For example, Uniqlo developed a line of underwear using heat-regulating fabric with Toray industries, a Japanese chemical company.
This past June, Apple has filed for a trademark on the name “iWatch” in Taiwan, Japan, Russia and Mexico, and reportedly in Turkey, Chile and Colombia as well. Analysts take the term to imply that a new ‘smart watch’ is in the works to be released by the tech company; however, the trademark applications could just be a protective move to
Even before you establish a brand, there are steps you can take to protect your intellectual property.