Branding

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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Rugby to Fashion

Gloria Han | amdlawgroup.com Tommy Bowe, an Ulster and Irish Lions rugby player, started a new gents brand clothing business called XV Kings Tommy Bowe Designs. He first involved himself in the fashion industry through collaboration with Lloyd & Pryce, a shoe brand. After the year of 2011, he has been working hard to develop his skills and knowledge of the fashion industry as a designer. Bowe’s line offers Harrington jackets, puffa jackets, and cashmere sweaters. Rugby star Tommy Bowe adm

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Evaluating the Value of a Generic Domain Name

By Toshia Smith | www.amdlawgroup.com In an interview with DomainSherpa.com, domain expert Andrew Rosener expressed the keys to evaluating the value of a generic domain name. In the domain selling market, no specific method exists to accurately and consistently value generic domain names. However, Rosener, who works as a consultant with multiple media properties and is the CEO of the domain name brokerage firm Media Options, attempts to explain the method to his madness. Rosener’s method

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UFC Sells for Record Price

By Toshia Smith | Editor: Kristen Daly | www.amdlawgroup.com In June of this year, it was reported that the Ultimate Fighting Championship (UFC) had been sold for a staggering $4.2 billion. This sale represents the largest sports acquisition to ever occur. UFC was sold to Beverly Hills talent agency William Morris Endeavor Entertainment (WME-IMG). Unlike normal sports acquisitions that involve teams or leagues, this purchase is unique in that it involves a promotional company rather than a sp

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Unique is the New Black

By Diana Chan | amdlawgroup.com In fashion, designs are continuously changing yet also seem to overlap among higher-end and lower-end brands. Designers should be wary when launching a design for their brand because of the risk that someone else may create a knockoff or variation of their original design.  Because of this, designers must create something that is signature and innovative to the brand and that will to be protected under intellectual property laws. Under copyright law, the owne

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Fashionable Google Glasses

By Gloria Han | amdlawgroup.com An Italian eyewear luxury brand, Luxottica, announced their future partnership with Intel to create fashionable smart eyewear. Luxottica own many well known brands such like Ray-Ban, Oakley and Persol; the company also collaborates with Chanel, Prada, Giorgio Armani, Miu Miu, Tory Burch, and Stella McCartney. Intel and Luxottica plan to develop smart technology for eyewear designed and perceived to be worn in the future. The first smart technological eyewear is e

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Obvious Copying of an Iconic Design Yet Still an Uphill Battle

By Diana Chan | amdlawgroup.com 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. In 2013, Converse received federal t

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Piece by Piece: Showcasing the Craftsmanship of your Masterpiece

By Christina Severino | amdlawgroup.com The process of launching a new line of products or an addition to an existing collection often involves centering a marketing campaign on the reputation or quality of the brand producing it. The status of a brand itself is oftentimes heavily relied upon during promotions if the brand already carries the prestige of a higher-tiered luxury brand. Recently, Marc Jacobs launched its campaign for the addition of the “Incognito” handbag to its line. Rat

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