New European Cosmetics Regulation Streamlines Beauty Labeling

Besides unifying labeling practices across European member states, the Cosmetics Regulation also positively affects the integrity of beauty marketing and advertising, including the usage of “texts, names, trademarks, pictures and figurative or other signs” linked to the products. Such labels and representations of the product must meet the requirements of “legal compliance, truthfulness, support, honesty, fairness and informed decision making”.

Apple doesn’t make the same mistake twice (Kathleen Melhorn, Staff Writer)

Instead of facing infringement charges or risking winding up in court again, Apple filed seven trademarks this week. The patents Apple filed would protect the application icons in the new iPod Nano device coming out soon. A website called “Patently Apple” which focuses solely around Apple’s inventions, breaks down the entire file for the trademarks. Viewers are able to see all details down to the colors that they would like to own for the application icons.

Merchandise Designers, Hold the Confetti! The Redskins’ Name and Logo are Not Open for Business…

By Ozelle Martin | amdlawgroup.com
There is a well-known professional football team in the National Football League (NFL) called the Washington Redskins and their logo features a Native American man wearing a feathered headdress. While the franchise has been in existence for over 80 years, there has been much debate surrounding the connotation of the term “redskins.” Moreover, a quick search of the Oxford dictionary defines the term as “an American Indian” with a note that the term is deemed “offensive.” Consequently, the Washington Redskins franchise has found itself in the midst of many fiery discussions as to whether the franchise should be allowed to legally own and utilize the name.

Trademark Squatting Gets Nowhere: Dsquared2 Won Back Its Legal Distributorship in China

Originally posted 2014-01-21 17:10:02. By Sindy Wenjin Ding | amdlawgroup.com A big periodic victory belongs to Dsquared2. This well-known fashion brand successfully secured its legal distributorship in China after experiencing a really hard time fighting for the legitimate sources for distribution of its products. The court in Hangzhou, in the decision, gave a green light […]

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.

The Pink Store Prevails

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.

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.

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.

“Hangouts” vs. “Hanginout”: Google’s Social Media App was Challenged by Trademark Infringement

Originally posted 2014-01-04 18:19:59. By Sindy Wenjin Ding | amdlawgroup.com Are you a user of “Hangouts” on your smartphone? Google is having trouble to keep using “Hangouts” as the name of its newly launched video-focused social media app. A California-based company, Hanginout, Inc. filed a lawsuit against Google, Inc. in late November 2013, claiming that […]

Unique is the New Black

By Diana Chan | amdlawgroup.com
In fashion, designs are continuously changing yet also seem to overlap among higher-end and lower-end brands. Designers should be wary when launching a design for their brand because of the risk that someone else may create a knockoff or variation of their original design. Because of this, designers must create something that is signature and innovative to the brand and that will to be protected under intellectual property laws.

The Secret is Out!

By Breanna Pendilton | amdlawgroup.com
As mentioned in a previous blog, British luxury shirt retailer Thomas Pink filed an infringement action about a year ago against Victoria’s Secret with a court in London, alleging that the Victoria’s Secret PINK line confuses customers by marketing and selling products under the label “PINK” which is also a name under the Thomas Pink brand. Well, the verdict (or should I say “the secret”) is out! Judge Colin Birss ruled against Victoria Secrets saying that customers in Europe might associate the traditional shirt maker with underwear. But is it not this difference (the distinction between shirts and underwear), which should warrant the opposite verdict?