Originally posted 2015-06-08 11:56:44. (By Kelsey Laugel – www.amdlawgroup.com) At the 2015 Billboard Music Awards in May, Nasty Gal, an American-based retailer that specializes in providing more affordable versions of designer clothing, claimed credit for Taylor Swift’s white Balmain jumpsuit. For comparison, the average Balmain jumpsuit can cost anywhere from $2,000 to $6,000 while the […]
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.
Clearwater PODS was awarded on the September 25th $62million of damages in a lawsuit against U-Haul for the use of PODS. The word PODS will remain protected even if the word is used frequently to describe container used for moving.
A Super Bowl advertisement for Dodge Ram Trucks quickly drew backlash among some of the 100 million viewers. The ad featured Martin Luther King Jr.’s famous sermon titled “The Drum Major Instinct,” which played in the background. The commercial proceeded with images of men and women working to help others and then ended with the image of a Dodge Ram truck. While the uproar has mostly been concerned with the appropriateness of using Martin Luther King Jr.’s sermon in a truck ad…. what about the legal side? What about using Martin Luther King Jr.’s intellectual property?
By Breanna Pendilton | amdlawgroup.com
The Michael Kors brand is arguably one of the most expensive and well-known labels in today’s fashion world. But these same characteristics, (expensive and well-known) are exactly what’s destroying the reputation of this brand. Outlet stores and small business are jacking down the prices, and while the good ole’ Michael Kors’ stores still exist, customers are much more apt to buying them cheaper at other discount stores and retailers.
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.
Applying and receiving a trademark is a daunting task and requires time and precision to ensure you do not face litigation for trademark infringement and other problems in the future. Understanding the basic requirements of what to look for when you are considering applying for a trademark, and what the United States Patent and Trademark Office (USPTO) looks for is critical from the beginning.
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.
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 […]
By Christina Severino | amdlawgroup.com
The U.S. Court of Appeals for the Seventh Circuit recently affirmed that security software company Fortres Grand has failed to state an adequate claim for trademark infringement against Warner Brothers under the Lanham Act (15 U.S.C. §§ 1114 and 1125)and for unfair competition under Indiana law. The district court held that Fortres Grand did not assert a conceivable theory of consumer confusion. In addition, the court ruled that Warner Brothers’ First Amendment right in using the words “the clean slate” remains intact.
Originally posted 2014-01-21 17:10:02. By Sindy Wenjin Ding | amdlawgroup.com A big periodic victory belongs to Dsquared2. This well-known fashion brand successfully secured its legal distributorship in China after experiencing a really hard time fighting for the legitimate sources for distribution of its products. The court in Hangzhou, in the decision, gave a green light […]
Last month, small Atlanta-based shoe designer, Antonio Brown, sued big time company, Louis Vuitton, for trademark infringement. Since the earlier months of 2013, Brown’s sneaker collection has been known for its distinctive metal plate placed across the toe box of its shoes. In February of this year, Louis Vuitton’s new “On the Road” collection made its debut with an all too familiar metal plate, placed right across the toe of the shoe.
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.
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.
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.