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Intellectual Property

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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House of Holland: IP Theft Woes

London Fashion Week has been the event that has introduced many new trends and creative fashion designs. The fashion industry has struggled with the issue of intellectual property as other countries, particularly China, threaten the fashion companies through counterfeit products. Fashion designer Henry Holland, warns others participating in the Fashion Week, about the dangers of intellectual property theft. Henry Holland, who owns House of Holland, thought that the start of the event was the perfect time to raise awareness of this issue. Since Mr. Holland owns a small company, the dangers of stolen designs from larger companies harm his business. His fear is that once his designs are shown in London Fashion Week, counterfeiters can easily manufacture and distribute his ideas before him.

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International Hashtag Protection

Ever since Twitter used hashtags, the phenomenon took off with a storm and is not letting up.  Businesses and individuals are now using this as a powerful marketing tool to help brand and promote catchy slogans.  As a continuing topic from the blog How to #Registeryourhashtag, once a hashtag is trademarked trademark infringement can occur.  This blog looks at the differences in interpreting when hashtag trademark infringement occurs in the US and Internationally.

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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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Amazon’s Loss to Lush

Lush is a beauty brand that produces products from fresh organic fruit and vegetables. Their products such as makeup, soap, and face wash are not animal tested and are made fresh by hand with little or no preservative. Lush brand chose not to sell their products on Amazon but when customers searched “lush” into the search bar, similar beauty products sold by Lush appeared in the results.

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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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Protecting Your Invention Internationally: More Possible Than Ever Before

In today’s global marketplace, it’s hard for an entrepreneur with a great idea to know whether their idea will be protected when the economy drives it from one country to the next. The amount of regulations involved and the language barriers can be daunting, and sometimes the paperwork can be very confusing. Fortunately, some measures exist that make it easier for modern inventors to market their products in many different countries. The Patent Cooperation Treaty (PCT) is a treaty designed to assist entrepreneurs in repeating the patent process in other countries where they might like to market their idea.

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Parody or Trademark Infringement? The Tale of Print T-Shirts

By Ozelle Martin | amdlawgroup.com
Lately, there seems to be a sudden burst in the number of print t-shirt lines that bear designs that are strikingly similar to those of well-known luxury brands such as Chanel, Gucci, Louis Vuitton, and Givenchy. Undoubtedly, these print t-shirt creators have ventured such a path, in an effort to appeal to the audiences of these very brands to whom they have become parasitic. With ammunition, in the form of potent legal departments, in tow- many of these brands are shooting off cease and desist letters like paintballs. Very often, their claim is that the printed t-shirt creators are infringing upon their marks. In response, the printed t-shirt creators raise their shields and assert that their inspired designs are mere parodies, a defense borrowed from copyright law’s fair use doctrine.

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Protecting the Personal Brand of Youtubers

What would you say if someone told you to protect your personality?  The first thing you would probably think about is why would someone do that?! The answer is social media, particularly YouTubers.  YouTube was activated on Monday, February 14, 2005, and since then, it has been used as more than a platform to share video content.  Now the platform is used to make money, whether as a full-time, or money on the side.

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The Trademark Tacking Doctrine: What is it and Who Should Decide.

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.

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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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Does a Primate have a Copyrightable Interest in its “Selfie”?

By Christina Severino | amdlawgroup.com
Recently, the Wikimedia Foundation was asked by British nature photographer David Slater to remove a “selfie” photograph taken by a primate with his camera. The Foundation refused, reasoning that because animals cannot hold a copyrightable interest, the images were in the “public domain”. As a result, Mr. Slater will likely pursue a legal action against the Foundation because the individual who uploaded the photo has not been located. His proposed argument is that the primate served as his assistant, thus affording him the copyright interest in the photos uploaded.

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What is Cyber-Squatting?

During the early years of the Internet, when businesses did not fully understand the marketing value of the Internet, there were some who saw the profit opportunity of claiming ownership of a domain name that they did not intend to use. These individuals would often register the domain name of a successful company in order to sell them back to the business at a significant markup or squat on the domain until it was sought by the successful company.

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