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.
By Ann Marie Sallusti | amdlawgroup.com
Trademarks are not just a mark on a product. Trademarks make products identifiable to consumers and are essentially the product that is being sold. Trademarks “may” be federally registered with the United States Patent and Trademark Office (USPTO), but registration is not mandatory in the United States. Unlike most countries, the United States follows the first to use rule when protecting trademark rights. The first to use rule protects the trademark rights of the first party who uses the trademark of a certain product or service in commerce. Therefore, if a creator satisfies the requirement of using the trademark in commerce in the United States, the creator’s work will be protected. On the other hand, most other countries follow the first to file rule when protecting trademark rights, which protects the trademark rights of the first party to file an application and receive registration for a certain product or service.
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.
An example of a trademark would be the “swoosh” logo that we identify with Nike. The swoosh, “Just do it,” and the name itself, “Nike,” are all trademarked phrases or images that belong to the Nike Corporation. When we see the swoosh logo, hear “Just do it,” or see the word “Nike,” we immediately are reminded of the style of their shoes, their comfort, and the lifestyle that we expect to be offered from the organization. Because these images and phrases inspire such brand awareness and loyalty, they are very coveted. To ensure that Nike is the only organization that can make use of and profit from their logos and slogans, they have them trademarked. Trademarks are words, phrases, symbols or designs that identify and distinguish the source of the goods of one party from those of others.
Trademark law has developed tremendously over time, thanks in huge part to the thriving field of technology. What was once a law dedicated generally to what people see, has now become a law dedicated also to what we hear. Just think about it. When you’re sitting on your couch at home watching TV and you hear, “Easy, Breezy, Beautiful”, you almost already know that this is a Cover Girl commercial. Or think about when you’re riding in your car listening to the radio, and you hear, “Ba Da Ba Ba Baaahhh, I’m Lovin’ It”, you automatically know that it’s a McDonald’s commercial. Increasingly, trademark law has not only come to protect words that you see as images, but words as you hear as slogans too.
Although Facebook’s ban remains in the People’s Republic of China, CEO Mark Zuckerberg inching away at this ban with his recent trademark-infringement win in China.
By Chloe Coska | amdlawgroup.com
Everyone is aware of the Ice Bucket Challenge these days. The meme has gone viral on the internet and throughout the world. From celebrities to the girl next door, everybody has been doing the challenge in order to raise awareness to fight amyotrophic lateral sclerosis, a disease affecting the brain and spinal cord. The campaign so far has raised $94 million in less than a month.
Originally posted 2013-03-11 08:00:13.
Kimiya Shams argues that intellectual property law should protect fragrances. Competition between fragrance companies, mainly in Europe, is on the rise. In 2012, the global fragrance market was valued at $28 billion dollars and companies spend around 7 to 12 percent of their revenues from perfume sales in research alone. If a brand sells the most popular fragrance, its revenue can easily exceed one billion dollars per year.
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 […]
The expansion of Richard Branson’s Virgin empire over the past forty years has spurred many trademark disputes between the brand and hundreds of companies, big and small. Staffed with an army of IP lawyers, Branson has spent considerable time and resources in the never-ending battle of protecting his brand’s legacy.
The AMD LAW Blog has been following the NFL’s Washington Redskins fight to retain the name “Redskins” amid Native American dissent arguing that the name is offensive. However, the Redskins suffered a loss in a recent ruling that threatens to cancel their trademark registration once all federal appeals have been exhausted.
On December 17th the US Patent and Trademark office (USPTO) amended its regulation regarding certain trademark fees as authorized by the Leahy-Smith America Invents Act (AIA). The changes will be effective on January 17th 2015 and will be included in the Federal Register Notice.
Originally posted 2014-03-17 21:36:04. Sindy Wenjin Ding | www.amdlawgroup.com Some people confuse the differences among trademarks, patents and copyrights. It’s fundamental for intellectual property rights owners, especially fashion designers, to figure out the similarities and differences among these kinds of intellectual property protection, and the different purposes each serves. I’ll explain each kind one by […]
Originally posted 2012-10-31 11:23:34. It is easy to confuse a trademark with a copyright because they are both in the intellectual property field of law. It is important for small business owners to know the difference between the two to protect their products and/or services. A trademark can be a word, symbol, […]