An emerging push in India toward the patenting of cow urine may help shed a light on pharmaceutical patent policy and healthcare.
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.
Muti Time Machine Inc, v. Amazon.com deals with the question of whether Amazon’s search results violate trademark law. Multi Time Machine sued Amazon for copyright infringement. For those of us who are familiar with Amazon, we have probably found ourselves searching for something on Amazon, adding it to our shopping bag, and then proceeding to find another ten items we would also like to buy. There is no doubt that Amazon benefits customers in the way that it offers complementary and competitive products. On the other hand this does not make many trademark owners happy as they may loose the purchase to a competitor
Pinterest is easily among today’s hottest new social media services. Founded in 2009, the easy to use image sharing site has over ten million members and continues to grow. The website allows users to “pin” images they like on the web to their personal “pinterest board” that they can share with friends and publish to the world at large. You can see what your friends are pinning, re pin things you like, and essentially just look at lot of amazing images on the internet.
China is taking strides to establish specialized courts to handle intellectual property cases. Over the next two weeks, China plans to set up its first specialized court in Beijing, and by the end of the year, intellectual property courts will be set up in Shanghai and Southern Guangzhou. China has been criticized for its lack of enforcement of intellectual property rights, but in recent years, it has made several developments to its intellectual property laws.
A business owner in Elkorn, Nebraska recently won a trademark battle against Limited Brands giant Victoria’s Secret. Beka Doolittle, owner of the online business “The Pink Store” has been going up against Victoria’s Secret this past year over use of the word “pink”. One of the notable brands of Victoria’s Secret is it’s Pink line that caters to young women. Ms. Doolittle’s online business carries items for all ages and items for the home, all themed as (you guessed it) pink. After Victoria’s Secret submitted a petition to cancel her mark on the United State Patent and Trademark Office (USPTO) , Ms. Doolittle enlisted help in order to fight back, and it paid off. Victoria’s Secret finally backed off and cancelled their petition, but with no clear reason.
David Weslow, a Partner and Attorney at Wiley Ryan who specializes in domain name and intellectual property law, sits down with Michael Cyger at DomainSherpa to discuss the risks of registering trademark-infringing domains.
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.
8 Mile Style, a song publisher for Eminem, filed a lawsuit in May against Facebook and Wieden & Kennedy, the advertising agency behind Facebook’s “Airplane” commercial for copyright infringement. The copyrighted song in question is “Under the Influence”, a collaboration piece between Eminem and rap group D12 off “The Marshall Mathers LP”, Eminem’s third and most successful studio album to date.
Pop music icon and recently deceased recording artist Prince was well known for his legendary songwriting, epic guitar skills, and flamboyant fashion style but also for his relentless pursuit of copyright infringement. In 2007, Prince declared war on The Pirate Bay, a torrent based online music sharing website, and filed a lawsuit which ultimately led to a $3.6 million verdict and even jail time for the website’s operators. Prince had received public backlash on numerous occasions for attempting to takedown fan websites that use his image and likeness.
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.
With the recent vote in Great Britain to exit the European Union, companies such as Samuel Adams Brewer are looking to capitalize.
Originally posted 2013-03-20 01:43:37. By Tasha Schmidt | amdlawgroup.com Patents can be complicated, as they might not hold up the same in every country. A company may have a patent on an innovation in one country, however, that patent may not be valid when being addressed in another country, depending on the patent and innovation. […]
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.
The Worldwide famous fast food chain is in the process of securing the trademark term” McBrunch.”