Branding

The Secret is Out!

By Breanna Pendilton | amdlawgroup.com    As mentioned in a previous blog, British luxury shirt retailer Thomas Pink filed an infringement action about a year ago against Victoria’s Secret with a court in London, alleging that the Victoria’s Secret PINK line confuses customers by marketing and selling products under the label “PINK” which is also a name under the Thomas Pink brand.  Well, the verdict (or should I say “the secret”) is out!  Judge Colin Birss ruled against Victor

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Taylor Tries To Trademark Tracks

Brandon McCoy | www.amdlawgroup.com Taylor Alison Swift, world renowned country music and pop sensation, is no stranger to the world of intellectual property. In recent years she has been sued for Trademark Infringement of Her Brand Lucky 13, she has created, and obtained, copyrights in chart topping albums, and pulled her music off media streaming giant Spotify. Taylor is at it again. She has recently filed for trademark rights of her works “This Sick Beat”, “Party Like It’s 1989”,

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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 tr

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Loyalty can’t always buy you love: Why loyalty programs only go so far…

By Christina Severino | amdlawgroup.com In an effort to build consumer loyalty, brands are increasingly putting more focus on loyalty programs more than price promotions and other discounts. A recent report by MarketingWeek indicated that promotions typically circulated through loyalty programs tend to be the most successful method of converting customers to their brand, through coupons or other reward point systems. The report highlighted a recent marketing research survey conducted by fast

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TRADEMARK INFRINGEMENT versus PUBLIC DOMAIN

By Eliana Rocchi | amdlawgroup.com The expression “Public domain” is generally used with reference to the works that belong to everyone and are available for public use. The concept comes from copyright law. It identifies those creative works that are not protected by copyright and thus may be used freely by the public. In other words anyone can copy them or modify them or generally use them in any way they wish. But when does that happen? Nowadays, copyrights in a work are acquired au

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Music Mogul Makes Bid To Enter Streaming Media Industry

Brandon McCoy | www.amdlawgroup.com Jay-Z the music mogul from Brooklyn, NY has already logged successful ventures in clothing, fragrance, and the management arenas. Now he is looking to bring some healthy competition to music streaming giant Spotify. Jay Z, who is estimated to be worth some $520 million, is seeking to buy Asipro via his company Project Panther Bidco. Aspiro currently operates a pair of streaming services: the ad-free WiMP and the high-definition Tidal. Both of these

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Michael Kors… Or Michael Yours…and Hers…and His

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. The word

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Why Not Register Trademark-Infringing Domain Names?

By Sophie Sun | Editor: Kristen Daly | www.amdlawgroup.com One mistake that an investor may make during domain name registration is the registration of a trademark-infringing domain name. Such a domain name causes several questions to arise: what is the intent of the registrant at the time of registering that domain name? If the registrant registers a domain name and has good faith intent to create a website in one of those areas, does he or she have to worry about registering the domain name

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Why Retailers Like Nasty Gal And Forever 21 Get Away With Knockoffs

(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 Nasty Gal version retails for $78. After copying Balmain’s design and then tweeting to claim credit for it, Nasty Gal received instantaneous

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Doing the Most!: 50 Cent Expands Empire with New Disney Deal

By: Brandon A. McCoy | www.amdlawgroup.com Curtis “50 cent” Jackson is the classic rags to riches tale. He grew up on the streets of Jamaica Queens, NY, where he was shot 9 times, and managed to survive the encounter. One could make an argument that the 39 year old rapper was destined to give the world something great. Not only has the mogul churned out one of the best-selling rap albums of all time with his debut “Get Rich or Die Tryin” in 2003, but he has also become a successful ac

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Lovely Lady Liberty: First Lady Fashion

By Christina Severino | amdlawgroup.com               In celebration of our independence this weekend, a fashion feature of our very own leading ladies is warranted and may even leave you star-struck to find out who foots the bill for their glamorous garb. Historically, the First Ladies of the United States have exuded both compassion and grace (inside and out). From her pastel pillbox hats to pearls, Jacqueline Kennedy’s iconic style serves as a quintessential symbol of modern Ame

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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.” On January 16, 2008- Kimberly Kearney, famously known as “Poprah” from the reality tv show: “I Want to

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McDonald’s Seeks to Trademark the McBrunch

By Chloe Coska | amdlawgroup.com The Worldwide famous fast food chain is in the process of securing the trademark term "McBrunch." With the increasing competition of the breakfast market, the McDonald's filed the application for "McBrunch" on July 23rd, as an attempt to consolidate its control of the coveted breakfast market. The Gold M competes with fast food rival Taco Bell with their new morning menu items and also Starbucks which has boosted its breakfast offerings with new breakfa

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Doing Business in France

By Eliana Rocchi | amdlawgroup.com Located in the heart of Europe and third in the world in attracting foreign direct investments, France could prove to be a strategically good choice for expanding your business. France is one of the Eurozone countries that coped better with the financial crisis thanks, among other measures, to its support to international trade and foreign investments. The amount of red tape and the administrative formalities that a foreign company has to comply with in o

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Michael Kors v. Costco: Bait-and-Switch Trademark Lawsuit

    By Caroline Lau | amdlawgroup.com On last Friday in a Manhattan federal court, Michael Kors Holdings Ltd., the company behind the popular luxury goods of American fashion designer Michael Kors, sued Costco Wholesale Corp. for recent false advertising of Michael Kors handbags. One example cited in the filed complaint was an email Costco sent out in April advertising handbags “starting at $99.99”. The ad implied some of the handbags included Michael Kors bags, showin

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