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Trademark

Why Retailers Like Nasty Gal And Forever 21 Get Away With Knockoffs

Originally posted 2015-06-08 11:56:44. (By Kelsey Laugel – www.amdlawgroup.com) At the 2015 Billboard Music Awards in May, Nasty Gal, an American-based retailer that specializes in providing more affordable versions of designer clothing, claimed credit for Taylor Swift’s white Balmain jumpsuit. For comparison, the average Balmain jumpsuit can cost anywhere from $2,000 to $6,000 while the […]

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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 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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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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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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Beware of Nicknames and Trademarks

You might think that you are just using an innocent nickname but on the other hand maybe you are not. Heisman Trophy winner Johnny Manziel teamed up with JMAN2 Enterprises LLC in December during football season to trademark, “Johnny Football.” However, neither the company nor Manziel cannot proceed to make money until he is out of the NCAA.

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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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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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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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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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How and when to protect your intellectual property in your small business

Bravo to all the small business owners that have the bravery, vision and drive to create something incredible and novel in the marketplace. Every business starts out from an idea. No matter where you are in the stage of solidifying your business idea or executing your business plan, intellectual property is a substantial part of the plan and you want to timely and correctly protect this valuable asset, especially as you try to get your endeavor off the ground by marketing and advertising your product or service.

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Christian Louboutin: Our “Soles” to Keep     

French designer Christian Louboutin is known for his stilettos with the eye-catching red outsoles. The price of a pair of these shoes starts at around $700 dollars. Currently, the red soles are protected under European Union law. However, in 2012 the controversy over the red bottom trademark ensued. In 2012, Louboutin instituted a trademark infringement lawsuit against Dutch shoemaker Van Haren, who was offering a collection of red-soled high-heeled shoes for sale. Van Haren is now defending suit based on the argument that Louboutin’s existing European trademark is invalid.         

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Staples vs. Shoplet – What do you think? – International Intellectual Property Law- Case Study #18

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 […]

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My Name and My Trademark… Yep, It’s the Same Thing!

Over the past two years, the United States Patent and Trademark Office, has granted British singer and songwriter, Rita Ora, federal protection over the use of the mark “Rita Ora”. That’s right, her name is now registered as a valid trade and service mark for concert souvenirs, clothes, hair and makeup accessories, music recordings, and even her performances and/or services as a singer and songwriter.

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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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