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.
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.
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.
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.
Jay-Z the music mogul from Brooklyn, NY has already logged successful ventures in clothing, fragrance, and the management arenas. Now he is looking to bring some healthy competition to music streaming giant Spotify. Jay Z, who is estimated to be worth some $520 million, is seeking to buy Asipro via his company Project Panther Bidco.
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.
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.
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.
The Ultimate Fighting Championship gets new management after a record-breaking acquisition deal.
The expansion of Richard Branson’s Virgin empire over the past forty years has spurred many trademark disputes between the brand and hundreds of companies, big and small. Staffed with an army of IP lawyers, Branson has spent considerable time and resources in the never-ending battle of protecting his brand’s legacy.
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.
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.
With entrepreneurship on the rise, domain name selling represents an emerging market with a great potential for profit.
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.
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.