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Intellectual Property

Getting a Trademark for a “Controversial” Name

Originally posted 2013-03-20 18:04:34. By Tasha Schmidt | amdlawgroup.com It is important to trademark your name, especially when it is your band’s name, and this is exactly what this Asian rock group is attempting to do. Except the rock group is trying to trademark the name, “The Slants.” The band tried to trademark the name […]

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Battles in Design Law

The number of design infringement cases have been increasing, as the Intellectual Property Enterprise Court, a court equivalent to the High Court regarding intellectual property matters, based in London, is hearing cases faster and at a far less cost.

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What You Should Know About Licensing Your Brand

By Chloe Coska | amdlawgroup.com
Licensing means renting or leasing an intangible asset to another party who want to use the brand. A licensing agreement grants the right to develop, manufacture, to market and sell a product or service associate with the brand. Licensing is a way to be engaged in new business without the cost of manufacturing, marketing or facilities etc…

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A Tale of Two Stores: To Change or Not to Change

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.

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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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Even Grumpy Cat Needs a Trademark

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 […]

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Brand Interaction: Take it from a Millennial

By Christina Severino | amdlawgroup.com
Although Baby Boomers still control roughly 70% the U.S.’s total disposable income, targeting “Gen Y” consumers is still a necessary evil for all brands. Generational gaps (both economically and socially) have turned the tables on brands, who are now struggling to keep up with the flighty and sometimes unpredictable behaviors of “Gen-Y”. A 2013 survey by Accenture.com claims that Millennials who use social media are 28% more likely to make a purchase because of a social media recommendation. It is not enough that they simply “like” the brand to make them loyal customers.

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First Step to Federally Protecting Your Trademark

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.

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Why Women Will Continue Wearing Coach Handbags: The Psychology Behind Your Brand

Christina Serverino | amdlawgroup.com
Following my post last week regarding the blunders of outlet mall fashion, my curiosity led me to further focus on why (despite being out of style or season) consumers continue to flock in droves to discount retailers such as these, oftentimes in a stint of wanton disregard for the authority of the omnipresent “Fashion Police”. This curiosity led me to a Google search unveiling a patchwork of blog entries and even scholarly articles addressing the societal and scientific impact of consumer behavior and turnover rate of trends. The approaches of the bloggers and scientists seemed contradictory to one another: Bloggers expressed flagrant hostility towards certain trends, while researchers seemed to discredit such convictions, suggesting that the lust for luxury prevails. So what exactly is driving consumers to covet for couture: the product itself or elicited attention of the brand?

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FACEBOOK AND YOUR BUSINESS SECURITY

This past week stirred a major storm for Facebook and the lack of trust with their security on the social media platform.  Will businesses start looking away from marketing on Facebook and their associated platforms, to other competing platforms like LinkedIn?  How safe do businesses now feel as a result of knowing that the Cambridge Analytica breach which was discovered in late 2015, but is only now surfacing, three years later?

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Trademark or Slur

The Redskins argue that they do not mean to offend anyone and that the name actually honors the Native Americans. If the trademark protection goes through, the Redskins can still not be stopped from using the name.

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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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The Battle of Trademark Squatters In China

Originally posted 2014-04-16 17:10:31. By Sereine Brudent  |  amdlawgroup.com May 1, 2014, will mark a new frontier of Trademark Law in the People’s Republic of China. This third amendment seeks to address and define numerous areas of Trademark Law in order to circumvent trademark infringement. Previously, trademark rights were granted on a “first-to-file” principle, which […]

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Luxury Beneath the Label: Protecting Your Brand at a Molecular Level with DNA Marking

By Christina Severino | amdlawgroup.com
The prevalence of counterfeit fashion has increasingly threatened the integrity and presence of luxury brands on a global stage. For every misspelled logo, clumsy stich or questionable cashmere sweater, profits collected from these counterfeits do more than fool the purchaser; they undermine the ingenuity of the original brand and potentially fund other criminal conduct that may go undiscovered.

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