The fashion brand, Bottega Veneta, well-known for its hand bangs and fragrances, had filed its unique “knot” design for trademark registration. Initially, the design was rejected by the USPTO because the knot was a non-distinctive product design and needed a secondary meaning. Bottega Veneta attempted to prove that its knot was distinctive through submitting its sales record, media coverage, high remarks from other fashion industry experts, and a comparison with other famous luxury brand marks.
The Ultimate Fighting Championship gets new management after a record-breaking acquisition deal.
Tadashi Yani, who became the second richest man in Japan, founded the relatively new Japanese brand Uniqlo. There are more than 1,500 stores around the world; New York’s Fifth Avenue Uniqlo store encounters 6,000 customers daily and each customer buys an average of four items. How did Uniqlo’s fashion label rise to the top in such a short period of time? Many fashion companies focus on the high fashion runway trends and translate them into affordable versions, but Uniqlo takes it back to the basics. Uniqlo’s clothes are simple and practical. Although the company only has few styles to choose from, each style of clothing comes in over a hundred colors. Because Uniqlo’s products are not elaborate, buying fabric is cheaper—which allows the company to provide cheaper prices for its consumers. Uniqlo also has a team of textile masters who develop new high-tech fabrics for the brand. For example, Uniqlo developed a line of underwear using heat-regulating fabric with Toray industries, a Japanese chemical company.
Tommy Bowe, an Ulster and Irish Lions rugby player, started a new gents brand clothing business called XV Kings Tommy Bowe Designs. He first involved himself in the fashion industry through collaboration with Lloyd & Pryce, a shoe brand.
By Ozelle Martin | amdlawgroup.com
Tyler Perry is a highly acclaimed film creator, screen and play writer, actor and now, a new trademark owner. Recently, he was involved in a blistering trademark battle, in the case of Tyler Perry Studios, LLC v. Kimberly Kearney. The featured actor in this tale of the trademark registration of “What Would Jesus Do?” was “use in commerce.”
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.
Today’s expansion of social media websites has created a lot of new opportunities for companies to promote their brand, allowing for new forms of interactivity with countless customers simultaneously. At the same time, though, social networking websites like Facebook or Twitter also make it easier to lose control over one’s brand as anyone can create a Facebook or a Twitter account that contains the company’s brand name or engage in unauthorized uses of their trademark and the magnitude of information going through those websites is hardly easy to control. Here you can find some tips that will help in devising a safe and effective social media strategy without endangering your brand.
An Italian eyewear luxury brand, Luxottica, announced their future partnership with Intel to create fashionable smart eyewear. Luxottica own many well known brands such like Ray-Ban, Oakley and Persol; the company also collaborates with Chanel, Prada, Giorgio Armani, Miu Miu, Tory Burch, and Stella McCartney. Intel and Luxottica plan to develop smart technology for eyewear designed and perceived to be worn in the future.
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.
Trademark law has developed tremendously over time, thanks in huge part to the thriving field of technology. What was once a law dedicated generally to what people see, has now become a law dedicated also to what we hear. Just think about it. When you’re sitting on your couch at home watching TV and you hear, “Easy, Breezy, Beautiful”, you almost already know that this is a Cover Girl commercial. Or think about when you’re riding in your car listening to the radio, and you hear, “Ba Da Ba Ba Baaahhh, I’m Lovin’ It”, you automatically know that it’s a McDonald’s commercial. Increasingly, trademark law has not only come to protect words that you see as images, but words as you hear as slogans too.
By Christina Severino | amdlawgroup.com
Although Baby Boomers still control roughly 70% the U.S.’s total disposable income, targeting “Gen Y” consumers is still a necessary evil for all brands. Generational gaps (both economically and socially) have turned the tables on brands, who are now struggling to keep up with the flighty and sometimes unpredictable behaviors of “Gen-Y”. A 2013 survey by Accenture.com claims that Millennials who use social media are 28% more likely to make a purchase because of a social media recommendation. It is not enough that they simply “like” the brand to make them loyal customers.
By Ann Marie Sallusti | amdlawgroup.com
Hashtags are 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 networks. Anything can be a hashtag. For example, #mybrand, #awesome, #dolls, #trademark, and #fashion. Hashtags can be used to trigger discussions via twitter and other social media websites. A user can register their hashtag using the twubs website and track the use their hashtag receives from the Internet and social media networks. Hashtags can help get a user circulate his/her idea across the market. Additionally, hashtags can emphasize a point the user is trying to make about an event in the world or a personal experience.
By Eliana Rocchi | amdlawgroup.com
Located in the heart of Europe and third in the world in attracting foreign direct investments, France could prove to be a strategically good choice for expanding your business.
Imagine meeting the man or woman of your dreams. You are in bliss as the two of you undertake the journey to build a loving, and comfortable relationship. The relationship is a safe haven, a place of solace. It is so sacred that the two of you become romantically involved. You trust one another so much that harmless photos or videos are shared, and saved on each other’s mobile or media devices for future viewing. Then the unthinkable happens…a nasty break-up, someone hacks a cloud storage network, or a third party obtains the media and sells it for profit. You hear about your photo being posted on a revenge porn mogul website such as, Texxxan.com or Is Anybody Up.com. What remedies do you have? Will the legal system step in? Is the “injured party” entitled to relief?
The Worldwide famous fast food chain is in the process of securing the trademark term” McBrunch.”