Protecting Your Brand: From the Factory to the Stores

By Breanna Pendilton | amdlawgroup.com
It is important as a designer that you protect the image and reputation of your brand. In other words, you want the product that is hanging in the stores to be the product that you produced in the factory; nothing less and nothing more. This seems to be a common problem with “off the rack” designers. Even though you can no longer monitor the day to day whereabouts of your designs after it leaves your supervision, you still have rights which may help protect your brand in the future.

Licensing Your Fashion Brand

Whether a company is small or large, licensing can be beneficial in a multitude of ways. Not only can licensing bring about an increase of revenue, but also can expand a company’s outreach and establish a permanent, recognizable brand. Establishing a brand name is a valuable marketing strategy that distinguishes a company from the rest of its competitors.

European Court Protects Ralph Lauren “Polo Player” Trademark

The fashion brand, Ralph Lauren, well-known for its “Polo Player” logo recently won a trademark battle against FreshSide. Back In late 2009, FreshSide Ltd. applied to register a trademark with OHIM, the EU body responsible for Community Trademark registrations. FreshSide, which does business as “Chuck” applied to register a mark consisting of a polo player on a bicycle.

New European Cosmetics Regulation Streamlines Beauty Labeling

Besides unifying labeling practices across European member states, the Cosmetics Regulation also positively affects the integrity of beauty marketing and advertising, including the usage of “texts, names, trademarks, pictures and figurative or other signs” linked to the products. Such labels and representations of the product must meet the requirements of “legal compliance, truthfulness, support, honesty, fairness and informed decision making”.

Going Global: Don’t Get Lost in Translation

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.

Amazon’s Loss to Lush

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.

Corporate Social Responsibility and Fashion

Recently, the United States Department of Labor found more than 1500 garment workers in California were owed over $3 million in unpaid wages based on a year-long survey. The Department of Labor found that suppliers directly related to Nasty Gal, Macy’s, Nordstrom, and JC Penney, and others, paid its workers below the minimum wage while also subjecting them to sweatshop-like conditions.

Unique is the New Black

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.

No Major Holiday Discounts for Michael Kors

Just when we thought the holiday season could not arrive any sooner, companies have already geared up for holiday shopping. Starbucks has begun promoting its holiday red cup and seasonal flavors, while the Wall Street Journal has set up a “Christmas Sale Tracker” that updates every hour to help readers monitor prices for the “hottest gifts.” As consumers prepare to buy gifts, they typically are looking for popular items at the lowest price. Michael Kors, however, is not planning on offering any promotion deals.

The Secret is Out!

By Breanna Pendilton | amdlawgroup.com
As mentioned in a previous blog, British luxury shirt retailer Thomas Pink filed an infringement action about a year ago against Victoria’s Secret with a court in London, alleging that the Victoria’s Secret PINK line confuses customers by marketing and selling products under the label “PINK” which is also a name under the Thomas Pink brand. Well, the verdict (or should I say “the secret”) is out! Judge Colin Birss ruled against Victoria Secrets saying that customers in Europe might associate the traditional shirt maker with underwear. But is it not this difference (the distinction between shirts and underwear), which should warrant the opposite verdict?

AMD LAW × GREGORIO SANCHEZ AT 2016 NYFW

Originally posted 2015-09-24 11:20:41. By Sindy Ding-Voorhees, www.amdlawgroup.com We are proud of our fashion brand Client —— Gregorio Sanchez —— for successfully presenting his 2016 Spring/Summer collection at Mercedes Benz New York Fashion Week. This is the brand’s second time showcasing at New York Fashion Week. Both times were cooperated with the prestigious bi-coastal fashion […]

Ready to Expand to China? Don’t Wait to Register Your Brand

By Diana Chan | amdlawgroup.com
Because of the sheer number of people (and potential consumers), businesses are often drawn to the idea of expanding their brand and marketing their products in China. But businesses should be wary when taking their brand to China especially if they have not yet registered their trademark in China.