Chanel, the corporation, claimed that Chanel’s Salon, LLC and Chanel Jones committed trademark infringement and trademark dilution of its brand name CHANEL. Because Chanel Jones used the trade names CHANEL’S SALON and CHANEL’S COSMETOLOGY SALON without Chanel’s permission, the industry filed a lawsuit alleging that she impinged on the company’s intellectual property rights. Prior to the lawsuit, Chanel sent a letter requesting Chanel Jones to change the name of her salon but there was no response and attempts to settle the dispute were unsuccessful.
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.”
In trademark law, the tacking doctrine allows an existing trademark owner to modify its mark without abandoning ownership of the original trademark. The key to allowing the modification without abandonment or loss of priority is continuity. In other words, the mark must retain a common element that symbolizes a continuing commercial impression.
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.
In 2005, LVMH, a conglomerate that owns Louis Vuitton, Céline, Marc Jacobs, Möet & Chandon, Dom Pérignon, and several other luxury brands, brought an action in French court against Google for trademark infringement. Now, after a 10-year legal dispute, LVMH and Google have come to a settlement agreement and have decided to join together to fight the advertising and promotion of counterfeit products.
Applying and receiving a trademark is a daunting task and requires time and precision to ensure you do not face litigation for trademark infringement and other problems in the future. Understanding the basic requirements of what to look for when you are considering applying for a trademark, and what the United States Patent and Trademark Office (USPTO) looks for is critical from the beginning.
By Diana Chan | amdlawgroup.com
Have you completed a manuscript for a reality tv show? In addition to federal copyright protection, Secure Script Registration with the Writer’s Guild of America can help writers protect their manuscripts associated with radio, film, and TV. Through the Writer’s Guild of America, authors protect their works by establishing legal evidence of the completion date of their original work and their prior claim to authorship–useful aspects against infringers.
By Christina Severino | amdlawgroup.com
The U.S. Court of Appeals for the Seventh Circuit recently affirmed that security software company Fortres Grand has failed to state an adequate claim for trademark infringement against Warner Brothers under the Lanham Act (15 U.S.C. §§ 1114 and 1125)and for unfair competition under Indiana law. The district court held that Fortres Grand did not assert a conceivable theory of consumer confusion. In addition, the court ruled that Warner Brothers’ First Amendment right in using the words “the clean slate” remains intact.
Rod Stewart was recently sued by former photographer, Bonnie Schiffman, for injunctive relief and compensatory and punitive damages of at least $2.5 million. The complaint hinges on the allegation that Stewart has misused a photograph originally taken for the cover of his 1989 Greatest Hits album, Storyteller.
A major requirement for patentability is non-obviousness. However, tests for obviousness have changed as of recently. Through discussion of the Supreme Court case, MacDermaid v. DuPont, this article seeks to shed a light on obviousness and its effect on pharmaceutical patents.
Miami artist David Anasagasti (or “Ahol” as most people call him) has recently filed copyright infringement against clothing retailer American Eagle Outfitters. No, they did not steal his clothing designs or illegally use his music in their stores or advertisements (which would be the normal copyright infringement claim against a retail store).
Last month, small Atlanta-based shoe designer, Antonio Brown, sued big time company, Louis Vuitton, for trademark infringement. Since the earlier months of 2013, Brown’s sneaker collection has been known for its distinctive metal plate placed across the toe box of its shoes. In February of this year, Louis Vuitton’s new “On the Road” collection made its debut with an all too familiar metal plate, placed right across the toe of the shoe.
By Diana Chan | amdlawgroup.com
Last summer, the United States Customs & Border Patrol (CBP) in Los Angeles, California, seized over 16,000 counterfeit Hermès handbags, valued at $295,665. If they were genuine Hermès handbags, the total retail price would have been nearly $211 million. In May of this year, CBP in Jersey City, New Jersey, intercepted 185 counterfeit guitars bearing trademarks such as Gibson, Les Paul, and Martin. The counterfeit guitars were being sold for $200 to $500, while the retail price of genuine models range from $2,000 to $54,000.
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.
Amid threats from one of the most prolific managers in the music industry, Irving Azoff, YouTube has refused to remove roughly 20,000 songs from its website. Azoff represents many of the artists whose songs are still made available on the site.