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Intellectual Property

A Harlem Shake Infringement

Originally posted 2013-03-12 20:55:56. By Tasha Schmidt | amdlawgroup.com Have you heard of the “Harlem Shake?” The “Harlem Shake” is more than just a really popular video. Voices being heard in the background of the viral Internet hit on “Harlem Shake,” have caused quite the uproar. One of the individual’s whose voice can be heard […]

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Preserving Originality in Branding through Trademark Protection

By Ozelle Martin | amdlawgroup.com
Originality is the cornerstone for building a formidable identity for a brand. Marketers, branding professionals, entrepreneurs and the like spend a great deal of time brain-storming the elements that would ensure that a brand is memorable and readily identifiable by its consumers and potential consumers. Furthermore, the originality of a brand’s identify is the greatest reputational asset that any business can possess and it must be preserved and protected.

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You Can’t Have My Blessing…Or The Music!

By Breanna Pendilton | amdlawgroup.com
Copyright law is founded upon the theory that it will promote and incentivize new works, while also giving credit to the originator.  But what happens when the owner of that work, will not share it?  Does that promote and incentivize new works?  Lifetime has recently announced its plans to make a biopic of the late singer Aaliyah, who died tragically in a plane crash at the age of 22 in 2001.  Her family, who was not contacted about the biopic, is not happy, and feels as if Aaliyah’s life was enough of a story to be told on the big screen.  But what can they really do right?  I mean, Aaliyah’s life, itself, is nothing but a bunch of facts.  In the eyes of copyright law, facts are not copyrightable, and Aaliyah’s family does not own her life story.

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Getting Out of the Weeds: Why Cannabis Products Can Be Patented but not Trademarked

Cannabis is legal for recreational or medicinal use in almost 30 states, and this number is likely to grow. However, cannabis remains illegal under federal law. As a result, the United States Patent and Trademark Office (USPTO) will not register trademarks for retailers of cannabis, or for products that contain cannabis.
However, what is especially interesting is that the USPTO will grant patents involving cannabis and its derivatives. More simply put, cannabis is patentable. Examples of cannabis-related patents include drug formulations, methods of treating sickness and disease with cannabis, and even cannabis plant patents. So why is cannabis patentable, even though federally it is illegal?

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I Wrote This On A Public Wall…. But, You Still Can’t Use It!

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).

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Are You Collaborating or Just Copying?

Let’s be honest! Some of the best music you’ve ever heard are music collaborations. It’s one of the best ways that you can make your work original, but it is also one of the most dangerous ways to have your work stripped from you (That is, if you do not adhere to the rules of copyright law). Before remixing, sampling, and/or collaborating on music, here are four things you should know.

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Train A Child In the Way He Should Go…. And He Will Call YOU A Copycat

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.

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Tory Burch Sues over Counterfeit Jewelry, Gets Countersued

In a year rife with counterfeit lawsuits filed by Tory Burch to protect her famous TT logo, the designer brand is now faced with a suit itself as the defendant, a New York company Lin & J, recently struck back with a countersuit. Lin & J own a wholesale brand called Isis that sells rings, necklaces, and earrings Tory Burch asserts are counterfeits of the brand’s own jewelry. However, Lin & J deny that the Isis jewelry pieces are copies and that similarities are coincidental. In their counterclaim, Lin & J accuse Tory Burch of copying their design instead. Besides trademark infringement, they are suing the fashion brand for unfair trade practices, tortious interference with its business relationships and defamation.

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Licensing for Small Businesses

An important aspect of intellectual property rights is the ability to create licensing agreements. However, an effective licensing agreement requires a few key factors.

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Robin Thicke Sues to Clear “Blurred Lines” from Copyright Claims

Robin Thicke and co-writers Pharrell Williams and Clifford Harris of this summer’s pop anthem, “Blurred Lines”, filed a lawsuit on August 15 in response to accusations by Marvin Gaye’s family and Bridgepoint Music, Inc. that the hit copies from Gaye’s 1977 single “Got to Give It Up” and Funkadelic’s 1974 song “Sexy Ways”. Bridgepoint Music owns some of the copyright for Funkadelic’s music. The Gayes and Bridgepoint have threatened to sue if the artists do not pay a monetary settlement, so Thicke, Williams and Harris are seeking declaratory relief from a Californian US District Court that would protect their from the defendants’ claims.

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Fight OVER Evil: The Yankees Win A Lawsuit

Originally posted 2013-02-25 14:50:17. The Yankee’s successfully took an intended insult and created something great when they adapted to the title “Baseball’s Evil Empire”. When Red Sox CEO Larry Lucchino threw the phrase at the team in 2002, he probably did not predict that it would help them win a lawsuit.             With the help […]

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