The Tale of Trademark Registration: What Can Tyler Perry Teach You?

By Ozelle Martin | amdlawgroup.com
Tyler Perry is a highly acclaimed film creator, screen and play writer, actor and now, a new trademark owner. Recently, he was involved in a blistering trademark battle, in the case of Tyler Perry Studios, LLC v. Kimberly Kearney. The featured actor in this tale of the trademark registration of “What Would Jesus Do?” was “use in commerce.”

An Important Question to Ask When Providing Sight to One Billion People

So you have come up with a great invention that can help not only millions but billions of the worlds poor see. How are you able to keep costs down while scaling up on production?

This is the question professor Josh Silver is grasping the answer to. Back in 1985, when discussing with a colleague about the possibility of producing glasses, that can be adjusted without the need for the expensive machinery or the obstetrician altogether. This conversation sparked Mr. Silver’s quest to help the poor of the world see.

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.

6 THINGS TO REMEMBER ABOUT BRAND PROTECTION AND SOCIAL MEDIA

Today’s expansion of social media websites has created a lot of new opportunities for companies to promote their brand, allowing for new forms of interactivity with countless customers simultaneously. At the same time, though, social networking websites like Facebook or Twitter also make it easier to lose control over one’s brand as anyone can create a Facebook or a Twitter account that contains the company’s brand name or engage in unauthorized uses of their trademark and the magnitude of information going through those websites is hardly easy to control. Here you can find some tips that will help in devising a safe and effective social media strategy without endangering your brand.

McDonald’s Brings a Super Sized Objection to Supermac’s Trademark Registration Attempts

McDonald’s Brings a Super Sized Objection to Supermac’s Trademark Registration Attempts

Contrary to popular belief, it is not always the big companies that win intellectual property lawsuits. Even with excessive amounts of money at their disposal and employees to rigorously seek out potential infringement on their behalf, the big chains of the world sometimes lose to the little guy. In fact, this is exactly what happened in a fairly recent case in which McDonald’s sued McCurry, a restaurant in Malaysia that serves Indian food, and seems to be the direction a more recent case is headed in which McDonald’s is suing Supermac’s.

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.

Brand Interaction: Take it from a Millennial

By Christina Severino | amdlawgroup.com
Although Baby Boomers still control roughly 70% the U.S.’s total disposable income, targeting “Gen Y” consumers is still a necessary evil for all brands. Generational gaps (both economically and socially) have turned the tables on brands, who are now struggling to keep up with the flighty and sometimes unpredictable behaviors of “Gen-Y”. A 2013 survey by Accenture.com claims that Millennials who use social media are 28% more likely to make a purchase because of a social media recommendation. It is not enough that they simply “like” the brand to make them loyal customers.

What You Need to Know About Tariffs and International Trade

By Eliana Rocchi | amdlawgroup.com
Tariffs have been a touchy issue in global economics for hundreds of years. Simply, tariffs are taxes on imported goods. If the United States taxed coffee beans coming in from Colombia, that tax would be a tariff. They are mainly a device to protect domestic industries so as to encourage companies to purchase goods between each other, helping the national economy grow without giving any business to foreign enterprises.

How to #Registeryourhashtag

By Ann Marie Sallusti | amdlawgroup.com
Hashtags are any word or words that have the pound (or hash) symbol in front of them. They are used to get certain words to trend on the Internet via twitter, instagram, Facebook and other social media networks. Anything can be a hashtag. For example, #mybrand, #awesome, #dolls, #trademark, and #fashion. Hashtags can be used to trigger discussions via twitter and other social media websites. A user can register their hashtag using the twubs website and track the use their hashtag receives from the Internet and social media networks. Hashtags can help get a user circulate his/her idea across the market. Additionally, hashtags can emphasize a point the user is trying to make about an event in the world or a personal experience.

Mobile Marketing: Proceed with Caution

By Christina Severino | amdlawgroup.com
In addition to the soaring popularity of social media, the advances in technology have lead many fashion and beauty brands to target consumers through mobile technology. Companies such as Target offer an SMS service in which they send coupons to customers on a regular basis, right to their mobile device.

Protecting Your Brand: U.S. Customs and Border Patrol

By Diana Chan | amdlawgroup.com
Last summer, the United States Customs & Border Patrol (CBP) in Los Angeles, California, seized over 16,000 counterfeit Hermès handbags, valued at $295,665. If they were genuine Hermès handbags, the total retail price would have been nearly $211 million. In May of this year, CBP in Jersey City, New Jersey, intercepted 185 counterfeit guitars bearing trademarks such as Gibson, Les Paul, and Martin. The counterfeit guitars were being sold for $200 to $500, while the retail price of genuine models range from $2,000 to $54,000.

First Step to Federally Protecting Your Copyright

Many people may confuse a trademark and a copyright. A trademark is generally a word, phrase, symbol or design or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.On the other hand, a copyright is the limited period of exclusive rights to copy, license, or otherwise exploit fixed literary or artistic expression.