My Interest in Patent Protection as a Legal Professional

When you come across something you are interested in what do you do?  For me, I research the topic to find out more as it leads to expanding my knowledge, understanding, and interest.  This is exactly what happened when I researched the law regarding patents, what defines a patent and why it is important to get protection for your inventions. 
My first sense of curiosity into patent law was the design of the Dyson vacuum cleaner, invented by the British inventor and industrial designer, Sir James Dyson. I remember seeing the vacuum cleaner for the first time and being amazed at a vacuum that does not need a bag.   My curiosity grew from there. 

Reinventing the Pizza Won’t Get You Trademark Protection

Last week, Judge Costa of the Southern District Court of Texas (Galveston Division) ruled against New York Pizzeria, Inc. (NYPI) on its claims for damages regarding infringement of its flavors and plating methods of its menu items. The suit was brought by former president of NYPI, Raviner Syal (Syal), claiming that he took advantage of his access to NYPI’s recipes, suppliers, and other internal documents. In doing so, NYPI claimed that Syal has created a similar restaurant chain, Gina’s Italian Kitchen (Gina’s), which includes items on its menu that mimic the flavor and uniqueness of NYPI’s cuisine.

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 […]

Why the ALS Withdrew its Trademark Application

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.

Protecting Your Manuscripts for Reality TV

By Diana Chan | amdlawgroup.com
Have you completed a manuscript for a reality tv show? In addition to federal copyright protection, Secure Script Registration with the Writer’s Guild of America can help writers protect their manuscripts associated with radio, film, and TV. Through the Writer’s Guild of America, authors protect their works by establishing legal evidence of the completion date of their original work and their prior claim to authorship–useful aspects against infringers.

Be Aware of Google’s Copyright Infringement Policy Changes – International Intellectual Property Law – Case Study #10

Originally posted 2012-08-21 15:42:26. The search engine, Google has made some very interesting changes to its search algorithm aimed at deterring the use of sites that host copyright infringing content. This is a critical step in protecting valuable creative content on the internet. Google is now taking into account the number of valid copyright removal […]

Not Your Knot, Bottega Veneta’s Knot

The fashion brand, Bottega Veneta, well-known for its hand bangs and fragrances, had filed its unique “knot” design for trademark registration. Initially, the design was rejected by the USPTO because the knot was a non-distinctive product design and needed a secondary meaning. Bottega Veneta attempted to prove that its knot was distinctive through submitting its sales record, media coverage, high remarks from other fashion industry experts, and a comparison with other famous luxury brand marks.

Nintendo Found Guilty of Patent Infringement

Originally posted 2013-03-14 18:32:46. By Tasha Schmidt | amdlawgroup.com In past blog entries, a case regarding glasses-free 3D technology was discussed on whether or not Nintendo was guilty of patent infringement against former Sony Employee, Seijiro Tomita. The jury ruled in the employee’s favor, and Nintendo is now ordered to pay $30.2 million in damages […]

Getting a Trademark for a “Controversial” Name

Originally posted 2013-03-20 18:04:34. By Tasha Schmidt | amdlawgroup.com It is important to trademark your name, especially when it is your band’s name, and this is exactly what this Asian rock group is attempting to do. Except the rock group is trying to trademark the name, “The Slants.” The band tried to trademark the name […]

Critiquing Fashion: Where to Start and How to Improve Fashion Critique

By Diana Chan | amdlawgroup.com
How do we critique fashion? What is fashion? How is it defined? Is fashion defined by the trends? or the uniqueness? or the quality? or the time period? There are such diverse brands, cuts, fabrics, accessories, colors that at first glance, fashion doesn’t seem like the type of industry that can be critically analyzed. There are too many factors, nothing is standard, and it is continually changing. Unlike art, the fashion industry is heavily business-oriented and centered on hard-pressed deadlines and at times mass production. So how can we critique fashion?

Patent Troll Control

A study published by Boston University in 2012 found that over $29 billion of direct costs were generated by patent troll patent assertions. Further, it is estimated that these costs ballooned to over $80 billion, once the stock market reacts to such litigation. “Patent trolls,” or Non-practicing entities (NPEs), can be either a company or individual who essentially purchases patents, but has no intention to develop and market a product arising from that patent.

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.

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.