Online infringement may be hard to prevent, but even discerning real infringement from fake is also daunting. Google’s most recent report indicates over 15 million URLs have been subject to takedown requests, and the company says it takes down 97% of requests. Twitter has also been receiving an influx of takedown requests, with statistics showing a 76% increase over the 6-month period beginning this year January 1, though it takes down 61% of requests. Finally, the copyright case between giant media company Viacom and Youtube, a Google subsidiary, demonstrates how the DMCA has been used in courts; Viacom’s lawsuit against Youtube has failed twice already in the past 7 seven years. The main issue is proving Youtube’s actual knowledge of infringing
It is easy to confuse a trademark with a copyright because they are both in the intellectual property field of law. It is important for small business owners to know the difference between the two to protect their products and/or services.
Cyberattacks don’t just affect large corporations–small businesses are often targeted by hackers.
Michael Kors is reportedly seeking a court order to prevent further advertising of its items by Costco. Additionally, profits and punitive damages as a result of the contested ads are being sought. Costco does not sell Michael Kors bags either in retail stores or online, and the misleading pricing is a far cry from the high end prices seen on the Michael Kors website, ranging from $298 to $1195.
A copyright is a right to prevent others from using your originally authored work. To protect their creative ingenuity, as well as to ensure that they are the only ones who can make use of and profit from their material, authors of artistic or intellectual works have their material copyrighted. Those who have copyrighted material have many exclusive rights, such as the right to reproduce the work, distribute copies to the public for sale, and perform the work. Since anything you create can be copyrighted, copyrights can protect endless types of creative work. Some examples are recorded music, books, software codes, video games, paintings, plays, or sculptures.
Originally posted 2014-04-22 18:33:30. By Sindy Wenjin Ding | amdlawgroup.com The Fashion Law Institute’s 4th Annual Symposium entitled “The spectrum of Style” was held in Fordham Law School in New York on Apr 4. I attended the symposium as a Fashion Law practitioner at AMD LAW, as well as a Fordham Law alumna. The Symposium […]
By Chloe Coska | amdlawgroup.com
When you want to expand your business internationally, what are the consequences? What regulations do companies have to comply with? What are the strategies in order to be a successful international business?
Protection of your intellectual property begins locally. Your intellectual property is any creation of your mind. Most countries have laws that allow you to protect these creations. In this post we discuss forms of intellectual property you may already be using in your business and how to protect them.
By Diana Chan | amdlawgroup.com
As Abercrombie & Fitch attempts to rebrand, the company plans to remove all its logos on products in the United States by Spring 2015.
The history of celebrities suing over the unauthorized use of their images on merchandise for the most part has not been a successful one despite the frequency of such occurrences (see the Peter Fonda, Dolce & Gabbana Easy Rider t-shirt case), so Rihanna’s won case may provide precedent for similar disputes in the future. However, her case has been analyzed and characterized as driven very much by the facts and specifics of its context. As the justice noted, there is “no such thing as a general right by a famous person to use control the reproduction of their image”, and besides, the image rights would have belonged to the photographer who took the photo.
Though Kim Kardashian may have won the feud between her husband and acclaimed musician Kanye West and Taylor Swift, she may have also sparked another heated battle regarding privacy infringement and confidentiality.
Originally posted 2014-04-07 17:32:19. By Kathy Stewart | amdlawgroup.com As society of internet users we have all grown comfortable and accustomed with the existing Internet domains, which have suffixes such as .com, .net, .edu and .org. However, several new suffixes have hit the market, and they are accompanied with a variety of considerations, offering […]
Originally posted 2013-03-06 17:52:51. By Tasha Schmidt | amdlawgroup.com Do you have a company or a brand that you have started? Are you aware of how you appear or what you stand for to people around you? In our day in age, not only should you be aware of how you are being viewed as […]
By Christina Severino | amdlawgroup.com
The process of launching a new line of products or an addition to an existing collection often involves centering a marketing campaign on the reputation or quality of the brand producing it. The status of a brand itself is oftentimes heavily relied upon during promotions if the brand already carries the prestige of a higher-tiered luxury brand. Recently, Marc Jacobs launched its campaign for the addition of the “Incognito” handbag to its line. Rather than focusing in on the brand’s name and reputation, Marc Jacobs decided to take the alternative angle of showing consumers the origin and process of crafting its handbags.
With new technology comes new chances for interactions with the animal kingdom and a possible need for an update in U.S. copyright law.