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 […]
Italian luxury fashion designers Domenico Dolce and Stefano Gabbana have been caught in a fresh legal bind, this time over their brand’s t-shirts sold by American fashion retailer Nordstrom, also a defendant. The shirts, which were priced at up to $295 apiece, have since been removed from sale on Nordstrom’s website. Actor Peter Fonda is suing for at least $6 million in compensation, claiming that the iconic images of himself in the classic 1969 film, “Easy Rider”, were used without his permission. Movie stills of Fonda on a motorcycle and the movie’s title in its original font are emblazoned on the t-shir
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.
Originally posted 2012-09-08 14:11:44. The largest office supply retailer, Staples, is suing a much smaller rival, Shoplet.com, for trademark infringement, claiming that Shoplet’s logo and website too closely resembles its own. To understand the market domination Staples has over Shoplet, Staples is the nation’s No.1 office supply retailer and the No.2 internet retailer, while Shoplet […]
When you think of famous inventors of the past, Alexander Graham Bell, and Thomas Edison come to mind, but have we forgot the great inventions created by women? Here are a few to add to your memory bank.
Instances like these wonderfully illustrate how clear the law is on trademarks and how much protection they offer. In the event a name is trademarked by a family business, even if you belong to that family, you still need to ask permission before using your own name.
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.
Originally posted 2013-03-15 15:36:38. By Tasha Schmidt | amdlawgroup.com Fans and people at the South by Southwest Conference have been lined up for hours to see the recent feline internet sensation, Grumpy Cat. Grumpy Cat’s real name is Tardar Sauce. However, her “cat celebrity name” if you will is Grumpy Cat, and this is exactly […]
Taylor Alison Swift, world renowned country music and pop sensation, is no stranger to the world of intellectual property. In recent years she has been sued for Trademark Infringement of Her Brand Lucky 13, she has created, and obtained, copyrights in chart topping albums, and pulled her music off media streaming giant Spotify. Taylor is at it again. She has recently filed for trademark rights of her works “This Sick Beat”, “Party Like It’s 1989”, amongst others. Taylor has not been granted any of these trademarks, as of yet, by the United States Patent and Trademark Office.
You acquire a trademark in the United States simply by using it. By registering your trademark on the Principal register you are enhancing the rights you already acquired when you started using the trademark. There are significant benefits to registering the trademark on the Principal Register.
Imagine meeting the man or woman of your dreams. You are in bliss as the two of you undertake the journey to build a loving, and comfortable relationship. The relationship is a safe haven, a place of solace. It is so sacred that the two of you become romantically involved. You trust one another so much that harmless photos or videos are shared, and saved on each other’s mobile or media devices for future viewing. Then the unthinkable happens…a nasty break-up, someone hacks a cloud storage network, or a third party obtains the media and sells it for profit. You hear about your photo being posted on a revenge porn mogul website such as, Texxxan.com or Is Anybody Up.com. What remedies do you have? Will the legal system step in? Is the “injured party” entitled to relief?
When you think of a KitKat, what do you think of? Do you automatically think of the candy bar and imagine the “four-fingered shape?” This is what the latest ruling decided by the Board of the Appeal at the EU’s Community Trade Mark Office established.
By Diana Chan | amdlawgroup.com
How do we critique fashion? What is fashion? How is it defined? Is fashion defined by the trends? or the uniqueness? or the quality? or the time period? There are such diverse brands, cuts, fabrics, accessories, colors that at first glance, fashion doesn’t seem like the type of industry that can be critically analyzed. There are too many factors, nothing is standard, and it is continually changing. Unlike art, the fashion industry is heavily business-oriented and centered on hard-pressed deadlines and at times mass production. So how can we critique fashion?
Imagine a publishing firm based in the United States called “KDBM Publishing” (a fictitious company). At PJD, they specialize in novels of fictions, and children’s books. To protect the creative ingenuity of their authors, PJD has copyrighted all of their works. However, copyright laws in foreign countries work differently than those in the United States. For example, in Canada, the dissemination of digital files is legal as long as the distributor is not making a profit. In the United States however, this is as known as piracy, and is illegal. If a citizen of Canada had digital files of PJD Publishing’s works and decided to distribute them for free, although this would legal in Canada, they would be in violation of The United States copyright law. Creating a consistent legal framework internationally are the efforts of international intellectual property law. In achieving this, intellectual property owners do business internationally while being protected by global intellectual property standards.
Owned by Nike since 2003, Converse’s Chuck Taylors have existed as a classic pair of shoes. Converse’s Chuck Taylor All Stars, commonly known as “Chucks,” are well-recognized by its classic rubber toe and sole and variety of colors. But over the years, look-a-likes from brands like Skechers, H&M, Fila, Ralph Lauren, Walmart, and several others have now led Converse to sue 31 companies for trademark infringement.