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Brand Protection

Resale of Books and Copyright Law being heard by the U.S. Supreme Court

Originally posted 2012-11-07 17:55:50. On Monday October 29, 2012, the United States Supreme Court heard arguments of a copyright infringement case dealing with whether or not copyrighted goods made outside the United States can be resold in the U.S. without first attaining permission from the copyright holder. The case has garnered the attention of such […]

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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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Is Your Secret Out? What are Trade Secrets

trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. Many brands choose to maintain trade secrets in favor of patents or other various methods of protection because trade secrets do not require public disclosure, where a patent does.  Keeping information a trade secret prevents competitors from gaining the knowledge necessary to reproduce the process themselves.      Although there is no federal registration for trade secrets, they are still protected under the Economic Espionage Act (EEA) at the federal level, and by state statute under the adoption of the Uniform Trade Secrets Act (UTSA).

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Dodge Ram Super Bowl Ad

A Super Bowl advertisement for Dodge Ram Trucks quickly drew backlash among some of the 100 million viewers. The ad featured Martin Luther King Jr.’s famous sermon titled “The Drum Major Instinct,” which played in the background. The commercial proceeded with images of men and women working to help others and then ended with the image of a Dodge Ram truck. While the uproar has mostly been concerned with the appropriateness of using Martin Luther King Jr.’s sermon in a truck ad…. what about the legal side? What about using Martin Luther King Jr.’s intellectual property?

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Let’s Hash It Out: The Legal Protection of Your Hashtags #SoCool

A hashtag is any word or words that have the pound (or hash) symbol in front of them. They are used to get certain words to trend on the Internet via Twitter, Instagram, Facebook and other social media platforms. Anything can be a hashtag. For example, #mybrand, #awesome, #dolls, #trademark, and #fashion. You may be familiar with the recent controversy of Kris Jenner wanting to federally register the hashtag “#proudmama”- reportedly for advertising purposes. Hashtags are important and useful as they trigger discussions via twitter and other social media platforms.

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Michael Kors… Or Michael Yours…and Hers…and His

By Breanna Pendilton | amdlawgroup.com
The Michael Kors brand is arguably one of the most expensive and well-known labels in today’s fashion world. But these same characteristics, (expensive and well-known) are exactly what’s destroying the reputation of this brand. Outlet stores and small business are jacking down the prices, and while the good ole’ Michael Kors’ stores still exist, customers are much more apt to buying them cheaper at other discount stores and retailers.

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Twitter Law & Ethics, Kim Kardashian Style

By Kathleen Melhorn | amdlawgroup.com
10,000 dollars is an awful lot of money to get for composing a 140 character tweet. Class A Celebrity Kim Kardashian is reported to receive this amount from companies who need marketing for their products. Kim is not the only one who has been caught tweeting for cash, other stars like 50 Cent & Snoop Dogg do it as well. What are the ethics involved with tweeting for money? Is this practice considered unethical, or is it just a good idea for companies?

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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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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.

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FILING FOR TRADEMARK PROTECTION WITHOUT AN ATTORNEY? Answers to 7 Questions You Should Consider

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.

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Mobile Marketing: Proceed with Caution

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.

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