Originally posted 2015-09-24 11:20:41. By Sindy Ding-Voorhees, www.amdlawgroup.com We are proud of our fashion brand Client —— Gregorio Sanchez —— for successfully presenting his 2016 Spring/Summer collection at Mercedes Benz New York Fashion Week. This is the brand’s second time showcasing at New York Fashion Week. Both times were cooperated with the prestigious bi-coastal fashion […]
In today’s global marketplace, it’s hard for an entrepreneur with a great idea to know whether their idea will be protected when the economy drives it from one country to the next. The amount of regulations involved and the language barriers can be daunting, and sometimes the paperwork can be very confusing. Fortunately, some measures exist that make it easier for modern inventors to market their products in many different countries. The Patent Cooperation Treaty (PCT) is a treaty designed to assist entrepreneurs in repeating the patent process in other countries where they might like to market their idea.
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.
This week, copyright issues received considerable federal attention both in the Ninth Circuit of the US Courts of Appeals on Wednesday and in a hearing by the U.S. House of Representatives’ House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on Thursday. While the court ruled that digital video recorders that automatically
What would you say if someone told you to protect your personality? The first thing you would probably think about is why would someone do that?! The answer is social media, particularly YouTubers. YouTube was activated on Monday, February 14, 2005, and since then, it has been used as more than a platform to share video content. Now the platform is used to make money, whether as a full-time, or money on the side.
The number of design infringement cases have been increasing, as the Intellectual Property Enterprise Court, a court equivalent to the High Court regarding intellectual property matters, based in London, is hearing cases faster and at a far less cost.
By Diana Chan | amdlawgroup.com
As businesses go global, catering to the local culture becomes an enormous factor in the success of the brand. Translations and images are often interpreted in different ways and what works in the United States may not be kindly accepted in another country. Even large corporations that spend millions of dollars on marketing have created failing campaigns from lack of research or minor mistakes.
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.
By Christina Severino | amdlawgroup.com
Recently, the Wikimedia Foundation was asked by British nature photographer David Slater to remove a “selfie” photograph taken by a primate with his camera. The Foundation refused, reasoning that because animals cannot hold a copyrightable interest, the images were in the “public domain”. As a result, Mr. Slater will likely pursue a legal action against the Foundation because the individual who uploaded the photo has not been located. His proposed argument is that the primate served as his assistant, thus affording him the copyright interest in the photos uploaded.
By Chloe Coska | amdlawgroup.com
Brazil is one of the fastest growing economies in the world, Brazil has also become a manufacturing center which means that exporting and importing can be a lucrative business. The Brazilian government heavily encourages business entrepreneurship and investments in the country. Brazil could be an obvious choice for companies to do business, however, there are many factors to consider and requirements in order to do proper business conduct in the country.
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.
At the 25th session of the U.S.-China Joint Commission on Commerce and Trade (JCCT), intellectual property rights were emphasized with a focus on trade secrets. Trade secrets have been a core concern among foreign companies in China. Lack of enforcement has been attributed to things like China’s limited experience with trade secret cases and reluctance on the part of the local governments to take on complex cases because of the time and resources involved.
Founder’s Day Post by Aurelia Mitchell Durant
With the creation of more ways to bring together law and technology comes a combination of questions regarding both regulations and ethics.
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.