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.

First Step to Federally Protecting Your Copyright

Many people may confuse a trademark and a copyright. A trademark is generally a word, phrase, symbol or design or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.On the other hand, a copyright is the limited period of exclusive rights to copy, license, or otherwise exploit fixed literary or artistic expression.

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?

New Age of Fashion: Dutch Designer Meshes 3D Technology and Haute Couture

One of fashion’s newest trends is the utilization of 3D printing technology to produce custom made clothing, footwear, and jewelry. This is just one of the innovative ways that fashion designers have been changing the face of the fashion market. Martje Dijkstra, is a distinguishing Dutch fashion designer that incorporates 3D technology into her pieces in some groundbreaking ways.

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.

HOW TO PROTECT YOUR DESIGN AS A TRADEMARK

Sometimes patenting an invention to protect how it is made or the way it works doesn’t cut it. Sometimes a lot of resources have been funneled into creating a unique aesthetical appearance for the final product, for the packaging it will come with, or both. Consider the Coca-Cola bottle, for example, it certainly is unique and distinctive and it immediately brings the drink to mind.

A Tale of Two Stores: To Change or Not to Change

By Breanna Pendilton | amdlawgroup.com
With back to school shopping just around the corner, I can’t help but wonder what happened to some of my own favorite back to school stores. Stores like JC Penney’s and Abercrombie and Fitch were all the rage growing up when it was time to do school shopping and now, these two stores are basically non-existent. “What happened to them?” you ask: Change. With the times changing, stores like these found themselves plummeting in sales and holding on by a thread, literally.

DO YOU NEED A DESIGN PATENT OR A COPYRIGHT?

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.