Curtis “50 cent” Jackson is the classic rags to riches tale. He grew up on the streets of Jamaica Queens, NY, where he was shot 9 times, and managed to survive the encounter. One could make an argument that the 39 year old rapper was destined to give the world something great. Not only has the mogul churned out one of the best-selling rap albums of all time with his debut “Get Rich or Die Tryin” in 2003, but he has also become a successful actor, and one of the most savvy business men in the music industry. In conjunction with his condom brand, entitled “Magic Stick”, and one of the most lucrative beverage deals in history with his “Formula 50” Vitamin Water, the multi-talented Jackson has now entered the audio industry with a new headphone deal with Intel, SMS Audio, and Disney.
By Eliana Rocchi | amdlawgroup.com
The expression “Public domain” is generally used with reference to the works that belong to everyone and are available for public use. The concept comes from copyright law. It identifies those creative works that are not protected by copyright and thus may be used freely by the public. In other words anyone can copy them or modify them or generally use them in any way they wish.
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
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.
Originally posted 2015-06-08 11:56:44. (By Kelsey Laugel – www.amdlawgroup.com) At the 2015 Billboard Music Awards in May, Nasty Gal, an American-based retailer that specializes in providing more affordable versions of designer clothing, claimed credit for Taylor Swift’s white Balmain jumpsuit. For comparison, the average Balmain jumpsuit can cost anywhere from $2,000 to $6,000 while the […]
Christina Serverino | amdlawgroup.com
Following my post last week regarding the blunders of outlet mall fashion, my curiosity led me to further focus on why (despite being out of style or season) consumers continue to flock in droves to discount retailers such as these, oftentimes in a stint of wanton disregard for the authority of the omnipresent “Fashion Police”. This curiosity led me to a Google search unveiling a patchwork of blog entries and even scholarly articles addressing the societal and scientific impact of consumer behavior and turnover rate of trends. The approaches of the bloggers and scientists seemed contradictory to one another: Bloggers expressed flagrant hostility towards certain trends, while researchers seemed to discredit such convictions, suggesting that the lust for luxury prevails. So what exactly is driving consumers to covet for couture: the product itself or elicited attention of the brand?
By Breanna Pendilton | amdlawgroup.com
I know what you’re thinking: “What exactly is a risky fashionista, and how do I know if I am one or not?” A risky fashionista is a person who is interested in a popular style or practice of fashion which may involve the possibility of having a bad or unpleasant reaction from others. In order to be a risky fashionista, you need exactly what the word says: risk and fashion. Without the risk, you’ll just have fashion; and while fashion is ok, it is not enough to protect your brand.
Lush is a beauty brand that produces products from fresh organic fruit and vegetables. Their products such as makeup, soap, and face wash are not animal tested and are made fresh by hand with little or no preservative. Lush brand chose not to sell their products on Amazon but when customers searched “lush” into the search bar, similar beauty products sold by Lush appeared in the results.
By Diana Chan | amdlawgroup.com
As businesses go global, catering to the local culture becomes an enormous factor in the success of the brand. Translations and images are often interpreted in different ways and what works in the United States may not be kindly accepted in another country. Even large corporations that spend millions of dollars on marketing have created failing campaigns from lack of research or minor mistakes.
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.
Why should a company protect its brand name? There is a multitude of reasons to register one’s trademark in the United States Patent and Trademark Office. One of the reasons is to stop others from copying your product and selling it as their own. To raise awareness of the harms the counterfeit market inflicts onto the fashion industry, New York City’s Fashion Institute of Technology opened a new exhibit “Faking It”.
Over the past two years, the United States Patent and Trademark Office, has granted British singer and songwriter, Rita Ora, federal protection over the use of the mark “Rita Ora”. That’s right, her name is now registered as a valid trade and service mark for concert souvenirs, clothes, hair and makeup accessories, music recordings, and even her performances and/or services as a singer and songwriter.
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).
Brand Licensing is a great way for owners of intellectual property (copyrights, trademarks, and patents, primarily) to maintain legal protections in their works while making it possible for third parties to use and develop that work legally. Brand Licensing allows originators of intellectual property to grant non-exclusive rights in their creations, otherwise reserved solely for the originator, to third parties. At the same time, license agreements ensure that creators are paid royalties in exchange for permitting third party use.
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.