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 […]

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?

How and when to protect your intellectual property in your small business

Bravo to all the small business owners that have the bravery, vision and drive to create something incredible and novel in the marketplace. Every business starts out from an idea. No matter where you are in the stage of solidifying your business idea or executing your business plan, intellectual property is a substantial part of the plan and you want to timely and correctly protect this valuable asset, especially as you try to get your endeavor off the ground by marketing and advertising your product or service.

Market Segmentation and Intellectual Property

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.

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.

Counterfeit Fashion

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 […]

Selling Counterfeits Online? Think Twice

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.

Beware of Nicknames and Trademarks

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.

Gung Fu Scratch & the Avengers: Brand Positioning Done Well

Gung Fu Scratch & the Avengers: Brand Positioning Done Well

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.