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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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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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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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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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Nestle Loses Battle to Trademark the “Kit-Kat” Design in the U.K.

The Advocate General of the Court of Justice of the European Union (EU) advised the European Court that Nestlé’s attempts to trademark the Kit Kat’s distinctive four-fingered shape does not comply with EU law. This opinion is likely to effectively end Nestlé’s attempts to trademark the shape of the candy as European Court judges usually follow the opinions of advocate generals.

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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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Maintaining Your Trademark

A federally protected trademark can be retained indefinitely if maintained in accordance with the laws.  After going through the effort of obtaining federal protection of a Trademark, why would you want to forgo those rights by not maintaining it?  Failing to comply with the required maintenance documents can lead to cancellation of the mark being protected under federal law, thus losing the protected rights afforded under statute provided at the federal level.

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The First Step To Globally Protect Your Trademark

Unlike most countries, the United States follows the first to use rule when protecting trademark rights. This rule states that the trademark rights belong to the first party who uses the trademark of a certain product or service in commerce. In the United States, federal registration of a mark is not mandatory but can save time, money and prevent future infringement problems. Most countries enforce the first to file rule, which protects the trademark rights of the first party to file an application and receive registration for a certain product/service.

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011: Celebrity Trademarks

In this episode, we chat it up about some really interesting celebrity trademarks.

Our lead-off quote:

Certainly I was typed. But what is typing? It is a trademark, a means by which the public recognizes you. Actors work all their lives to achieve that. I got mine with just one picture. It was a blessing. ~Boris Karloff

We talk about the brands of President Donald Trump, Taylor Swift, Paris Hilton, Curtis “50-Cent” Jackson, Michael Buffer, Tim Tebow and Anthony Davis.

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Oscar Statues and Copyright Infringement

Originally posted 2013-03-07 17:10:31. By Tasha Schmidt | amdlawgroup.com If you were thinking about having an Oscar themed party and furnishing it with replicas of the iconic gold Oscar statues, you should probably think twice. The Academy of the Motion Picture Arts and Science has a reputation for defending their copyrights and trademarks. And this […]

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Coke’s “Zero” victory in the U.S. Patent and Trademark Office

A three-judge panel on the U.S. Patent and Trademark Office Trial and Appeal Board (“TTAB”) granted Coca-Cola rights to trademark the term “Zero” for its soft drink products. This decision was a major victory for the company. Since 2003, Coca-Cola has been trying to win exclusive rights to the no-calorie beverage brand name-and they finally hav

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Chanel Sues Chanel

Chanel, the corporation, claimed that Chanel’s Salon, LLC and Chanel Jones committed trademark infringement and trademark dilution of its brand name CHANEL. Because Chanel Jones used the trade names CHANEL’S SALON and CHANEL’S COSMETOLOGY SALON without Chanel’s permission, the industry filed a lawsuit alleging that she impinged on the company’s intellectual property rights. Prior to the lawsuit, Chanel sent a letter requesting Chanel Jones to change the name of her salon but there was no response and attempts to settle the dispute were unsuccessful.

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