International Intellectual Property – Case Study #1

Imagine a publishing firm based in the United States called “KDBM Publishing” (a fictitious company). At PJD, they specialize in novels of fictions, and children’s books. To protect the creative ingenuity of their authors, PJD has copyrighted all of their works. However, copyright laws in foreign countries work differently than those in the United States. For example, in Canada, the dissemination of digital files is legal as long as the distributor is not making a profit. In the United States however, this is as known as piracy, and is illegal. If a citizen of Canada had digital files of PJD Publishing’s works and decided to distribute them for free, although this would legal in Canada, they would be in violation of The United States copyright law. Creating a consistent legal framework internationally are the efforts of international intellectual property law. In achieving this, intellectual property owners do business internationally while being protected by global intellectual property standards.

Obvious Copying of an Iconic Design Yet Still an Uphill Battle

Owned by Nike since 2003, Converse’s Chuck Taylors have existed as a classic pair of shoes. Converse’s Chuck Taylor All Stars, commonly known as “Chucks,” are well-recognized by its classic rubber toe and sole and variety of colors. But over the years, look-a-likes from brands like Skechers, H&M, Fila, Ralph Lauren, Walmart, and several others have now led Converse to sue 31 companies for trademark infringement.

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

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.

Protecting Your Brand: From the Factory to the Stores

By Breanna Pendilton | amdlawgroup.com
It is important as a designer that you protect the image and reputation of your brand. In other words, you want the product that is hanging in the stores to be the product that you produced in the factory; nothing less and nothing more. This seems to be a common problem with “off the rack” designers. Even though you can no longer monitor the day to day whereabouts of your designs after it leaves your supervision, you still have rights which may help protect your brand in the future.

John Wayne Family Loses Round One to Duke University in Trademark Fight

As a fan of the great John Wayne you should be aware that he was referred as “Duke,” “Duke Morrison,” “Duke Wayne,” “Duke and The Duke” — a nickname that derived from his boyhood dog named Duke. John Wayne Enterprises, a Newport Beach Corporation filed a trademark application back in 2013 for the marks “Duke” and “Duke John Wayne” for alcoholic beverages excluding beers.

Secondary Liability for Trademark Infringement On Various Media

Originally posted 2014-03-03 21:38:44. By Sindy Wenjin Ding | amdlawgroup.com With buying power resting at the tips of our fingers, tech savvy and not so tech savvy fashion addicts are able to pursue the internet for all of their fashion fixes. Direct purchasing from the intellectual property owners becomes not so direct in this fast-changing […]

Licensing Your Fashion Brand

Whether a company is small or large, licensing can be beneficial in a multitude of ways. Not only can licensing bring about an increase of revenue, but also can expand a company’s outreach and establish a permanent, recognizable brand. Establishing a brand name is a valuable marketing strategy that distinguishes a company from the rest of its competitors.

European Court Protects Ralph Lauren “Polo Player” Trademark

The fashion brand, Ralph Lauren, well-known for its “Polo Player” logo recently won a trademark battle against FreshSide. Back In late 2009, FreshSide Ltd. applied to register a trademark with OHIM, the EU body responsible for Community Trademark registrations. FreshSide, which does business as “Chuck” applied to register a mark consisting of a polo player on a bicycle.

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.

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.