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Copyright

Coke’s “Zero” victory in the U.S. Patent and Trademark Office

A three-judge panel on the U.S. Patent and Trademark Office Trial and Appeal Board (“TTAB”) granted Coca-Cola rights to trademark the term “Zero” for its soft drink products. This decision was a major victory for the company. Since 2003, Coca-Cola has been trying to win exclusive rights to the no-calorie beverage brand name-and they finally hav

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Terms of Use And Copyright Infringement

Despite the internet’s universalizing concept, online activities are closely monitored by the law established in each country, and an imbalance in copyright infringement policies, which govern the online activities, can result in misjudging the user’s benign intentions.

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Another Fashion Design Steal? Designer Leggings

Designer for Atelier de Geste, Beau Rhee was surprised to find one of the models in John Galliano’s debut show at London Fashion Week wearing a two-toned legging design that she featured in her own collection. Rhee watched the fashion show on Monday to see the Maison Margiela fashion show and was excited for the new haute couture fashion designs. Unsure whether the similar designs were simply coincidence or mere imitation, Rhee posted the pictures on Twitter and Instagram to receive her followers’ opinions.

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TRADEMARK INFRINGEMENT versus PUBLIC DOMAIN

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.

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Trump’s Copyright Battle with Queen

With GOP nominee Donald Trump’s recent antics and remarks, it does not come as a shock that Queen is less than pleased and trying to fight back against Trump’s use of the band’s famous hit “We Are the Champions.”

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Are You a Risky Fashionista…Or Are You Risking the Protection of Your 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.

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The Not So iLife of Apple

With the entire hype surrounding apple, one would assume it was the only company to use the “i” before the name of the product it was selling. Unfortunately, this is not true in Brazil where Apple has been sued for using the term “iPhone”. Brazil is the largest Latin American country and Apple products are currently on the market there. However, other electronics companies are there as well.

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Counterfeit Fashion

Originally posted 2013-03-13 19:01:49. By Tasha Schmidt | amdlawgroup.com As many people’s wallets are getting tighter it seems more people are sacrificing buying genuine luxury goods and instead are investing in fake fashion goods. Counterfeit fashion and brand imitation is going on all over the world. Some people may unknowingly be buying fake products, as […]

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How to Use Photos without Violating Copyright Laws

Originally posted 2012-10-05 13:02:53. Visual media has become instrumental in designing a website or posting in social media sites such as Pinterest and Facebook. But if you don’t own the photos you plan on using, how do you go about getting the photos your site needs? Grabbing pictures from Google images, off of other websites, […]

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Beware of Nicknames and Trademarks

You might think that you are just using an innocent nickname but on the other hand maybe you are not. Heisman Trophy winner Johnny Manziel teamed up with JMAN2 Enterprises LLC in December during football season to trademark, “Johnny Football.” However, neither the company nor Manziel cannot proceed to make money until he is out of the NCAA.

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Oscar Statues and Copyright Infringement

Originally posted 2013-03-07 17:10:31. By Tasha Schmidt | amdlawgroup.com If you were thinking about having an Oscar themed party and furnishing it with replicas of the iconic gold Oscar statues, you should probably think twice. The Academy of the Motion Picture Arts and Science has a reputation for defending their copyrights and trademarks. And this […]

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Do Memes Violate Copyright Law?

Memes can take on legal challenges in cases where the underlying photo is copyright protected or is taken from a copyrighted work. Like any other copyrighted work, use of these photos without a license is infringement. Although an argument for fair use is a potential protection in the United States, other places, such as the European Union, lack fair use considerations in their copyright laws.

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Fashion Law: What Threatens Your Brand Value & What Causes the Invasion of Online Piracies? (1)

Originally posted 2014-01-13 14:58:32. By Sindy Wenjin Ding | amdlawgroup.com             Although it has long been said the imitation may be the sincerest form of flattery, in fashion business, unauthorized “imitations” cost companies immeasurable sums in lost sales and damage to the reputation.[i] Most fashion companies don’t welcome, even fear this kind of flattering, when […]

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Making a Case for Modern-day Copyright in Court and in Congress

This week, copyright issues received considerable federal attention both in the Ninth Circuit of the US Courts of Appeals on Wednesday and in a hearing by the U.S. House of Representatives’ House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on Thursday. While the court ruled that digital video recorders that automatically

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Photos, Intellectual Property Rights and Social Media

Pictures used on social media platforms like Instagram have become extremely popular, with Instagram boasting over 800 million current users. When someone uploads a photograph to Instagram, do they still own the photograph? The answer is yes. When users upload a photo to Instagram, they do not lose their copyright entitlement. However, Instagram’s Terms of Use gives the social media platform a non-exclusive sub-license to use the uploaded content. More simply put, Instagram can license photographs from the site to others without there being any copyright infringement. This is something to keep in mind, as many people use Instagram as a platform to promote their businesses.

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