No Major Holiday Discounts for Michael Kors

Just when we thought the holiday season could not arrive any sooner, companies have already geared up for holiday shopping. Starbucks has begun promoting its holiday red cup and seasonal flavors, while the Wall Street Journal has set up a “Christmas Sale Tracker” that updates every hour to help readers monitor prices for the “hottest gifts.” As consumers prepare to buy gifts, they typically are looking for popular items at the lowest price. Michael Kors, however, is not planning on offering any promotion deals.

First Step to Federally Protecting Your Trademark

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.

Tebow Trades Cleats for CURE

Former NFL standout quarterback, now sports analyst, Timothy Richard Tebow has achieved much in his young career. Tebow was a Heisman Trophy winner twice in college at The University of Florida, and has enjoyed a somewhat fulfilling career at the NFL level. These accomplishments, have allowed Tebow to take his brand international to create The Tebow CURE hospital. A hospital that will be dedicated to impoverished children in Davao City, Philippines.

Counterfeit Fashion

Originally posted 2013-03-13 19:01:49. By Tasha Schmidt | amdlawgroup.com As many people’s wallets are getting tighter it seems more people are sacrificing buying genuine luxury goods and instead are investing in fake fashion goods. Counterfeit fashion and brand imitation is going on all over the world. Some people may unknowingly be buying fake products, as […]

Selling Counterfeits Online? Think Twice

In 2005, LVMH, a conglomerate that owns Louis Vuitton, Céline, Marc Jacobs, Möet & Chandon, Dom Pérignon, and several other luxury brands, brought an action in French court against Google for trademark infringement. Now, after a 10-year legal dispute, LVMH and Google have come to a settlement agreement and have decided to join together to fight the advertising and promotion of counterfeit products.

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.

Gung Fu Scratch & the Avengers: Brand Positioning Done Well

Gung Fu Scratch & the Avengers: Brand Positioning Done Well

Avengers: Age of Ultron domestically grossed $191.3M dollars, and an impressive $631.1M internationally in its first week. Since, it has been reported by CNN the series earned $1B in just 24 days. These staggering numbers propel the Avengers franchise to adorn the number two spot, of top grossing series of all time. Age of Ultron did not disappoint. Tony Start was as witty and brilliant as ever, Bruce Banner was still attempting to come to terms with his “greener” side, and the villain in this particular installment gave the team an epic challenge.

Patent Reform: How Can We Fix This?

The U.S. Patent and Trademark Office (USPTO) has been in the news lately regarding reform and how we can overhaul the process for patents to ensure that it is fostering innovation and not stifling it.

As it is today, the US patent and trademark office issues patents that have terms that are too broad and vague, give patents for too long, and require too much effort to understand. The way things are working now it is all too easy for patent trolls to take advantage of a patent for monetary gain than it is for inventors to get the protection they need and deserve.

It’s A Trademark… But It’s Not Actually a “Mark”

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.