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 […]
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 […]
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.
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?
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.”
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.
With cyber crime on the rise, ICANN is looking to help businesses pushback against cybersquatters and avoid deep litigation costs.
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.
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.
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.
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.
Although Facebook’s ban remains in the People’s Republic of China, CEO Mark Zuckerberg inching away at this ban with his recent trademark-infringement win in China.
Originally posted 2013-03-11 08:00:13.
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.
The expansion of Richard Branson’s Virgin empire over the past forty years has spurred many trademark disputes between the brand and hundreds of companies, big and small. Staffed with an army of IP lawyers, Branson has spent considerable time and resources in the never-ending battle of protecting his brand’s legacy.