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
With GOP nominee Donald Trump’s recent antics and remarks, it does not come as a shock that Queen is less than pleased and trying to fight back against Trump’s use of the band’s famous hit “We Are the Champions.”
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.
U.S based companies– Google, Blackberry, Earthlink, and Red Hat– gathered a note to the U.S. Federal Trade Commission and Department of Justice asking to monitor patent assertion and patent monetization entities that are interfering with the companies’ progression and development.
Energizer Brands, LLC (“Energizer”) has been using its trademark (picture of a pink rabbit in sunglasses and with a drum) as of 1989. During the same year, the application for registration of the trademark was filed with USPTO. A year later, Duracell U.S. Operations, Inc. (“Duracell”) filed an application for its pink bunny trademark with USPTO as well.
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.
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.
Contrary to popular belief, it is not always the big companies that win intellectual property lawsuits. Even with excessive amounts of money at their disposal and employees to rigorously seek out potential infringement on their behalf, the big chains of the world sometimes lose to the little guy. In fact, this is exactly what happened in a fairly recent case in which McDonald’s sued McCurry, a restaurant in Malaysia that serves Indian food, and seems to be the direction a more recent case is headed in which McDonald’s is suing Supermac’s.
Just when you thought you were unplugged, little do you know you’re being stalked!
Even if you are sure you powered down your phone for the night, Android spyware can use your phone to record your voice, and your camera to take video or pictures without your knowledge.
According to research from AVG a well known app for scanning phones and computers for viruses and malware, uncovered this malware and named it Android/PowerOffHijack.A.
8 Mile Style, a song publisher for Eminem, filed a lawsuit in May against Facebook and Wieden & Kennedy, the advertising agency behind Facebook’s “Airplane” commercial for copyright infringement. The copyrighted song in question is “Under the Influence”, a collaboration piece between Eminem and rap group D12 off “The Marshall Mathers LP”, Eminem’s third and most successful studio album to date.
By Diana Chan | amdlawgroup.com
In fashion, designs are continuously changing yet also seem to overlap among higher-end and lower-end brands. Designers should be wary when launching a design for their brand because of the risk that someone else may create a knockoff or variation of their original design. Because of this, designers must create something that is signature and innovative to the brand and that will to be protected under intellectual property laws.
Incessant discussions on the TPP (Trans-Pacific Partnership) on Wikileaks focused on the Intellectual Property Chapter and the Pharmaceutical Industry. Concerned parties such as “Doctors Without Borders” disagree with the agreement for having an underlying “anti-generic” effect, whereas, the Obama administration pledges to encourage economic development and innovation of the pharmaceutical industry.
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.
Originally posted 2014-01-21 17:10:02. By Sindy Wenjin Ding | amdlawgroup.com A big periodic victory belongs to Dsquared2. This well-known fashion brand successfully secured its legal distributorship in China after experiencing a really hard time fighting for the legitimate sources for distribution of its products. The court in Hangzhou, in the decision, gave a green light […]
A major requirement for patentability is non-obviousness. However, tests for obviousness have changed as of recently. Through discussion of the Supreme Court case, MacDermaid v. DuPont, this article seeks to shed a light on obviousness and its effect on pharmaceutical patents.