Branding

No Major Holiday Discounts for Michael Kors

By Diana Chan | amdlawgroup.com Just when we thought the holiday season could not arrive any sooner, companies have already geared up for holiday shopping. Starbucks has begun promoting its holiday red cup and seasonal flavors, while the Wall Street Journal has set up a “Christmas Sale Tracker” that updates every hour to help readers monitor prices for the “hottest gifts.” As consumers prepare to buy gifts, they typically are looking for popular items at the lowest price. Michael Kors,

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Ready to Expand to China? Don’t Wait to Register Your Brand

By Diana Chan | amdlawgroup.com Because of the sheer number of people (and potential consumers), businesses are often drawn to the idea of expanding their brand and marketing their products in China. But businesses should be wary when taking their brand to China especially if they have not yet registered their trademark in China. Several big name companies such as Apple, Pfizer, Hermès, Burberry and more recently, Tesla, have struggled to successfully win trademark disputes in China. Chin

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What You Should Know About Licensing Your Brand

By Chloe Coska | amdlawgroup.com What is a licensing agreement? Licensing means renting or leasing an intangible asset to another party who want to use the brand. A licensing agreement grants the right to develop, manufacture, to market and sell a product or service associate with the brand. Licensing is a way to be engaged in new business without the cost of manufacturing, marketing or facilities etc… Licensing is a tool widely used by major corporations but also small business,

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DAIMLER BUYS INTO AGUSTA AS MOTORBIKE AND CAR TECH CONVERGE

By Chloe Coska | amdlawgroup.com Daimler AG (Mercedes) will buy 25 percent of Italian motorcycle maker Agusta, legendary in the motorcycling field  for  having won at least 75 world championship rider and constructor titles. Daimler said that it would buy the stake via its Mercedes-AMG  performance car unit and seat on Agusta  board. Daimler does not disclose the financial terms of the deal only that it is part of a broader cooperation deal  which will focus on marketing and sales. Howeve

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Corporate Social Responsibility and Fashion

By Diana Chan | amdlawgroup.com Recently, the United States Department of Labor found more than 1500 garment workers in California were owed over $3 million in unpaid wages based on a year-long survey. The Department of Labor found that suppliers directly related to Nasty Gal, Macy’s, Nordstrom, and JC Penney, and others, paid its workers below the minimum wage while also subjecting them to sweatshop-like conditions. This finding is not the first incident of the underpayment of workers and p

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Going Global: Don’t Get Lost in Translation

By Diana Chan | amdlawgroup.com As businesses go global, catering to the local culture becomes an enormous factor in the success of the brand.  Translations and images are often interpreted in different ways and what works in the United States may not be kindly accepted in another country. Even large corporations that spend millions of dollars on marketing have created failing campaigns from minor mistakes or lack of research. In China, businesses often try to come up with direct translatio

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European Court Protects Ralph Lauren “Polo Player” Trademark

By Bryan Salvadore | amdlawgroup.com The fashion brand, Ralph Lauren, well-known for its “Polo Player” logo recently won a trademark battle against FreshSide. Back In late 2009, FreshSide Ltd. applied to register a trademark with OHIM, the EU body responsible for Community Trademark registrations. FreshSide, which does business as “Chuck” applied to register a mark consisting of a polo player on a bicycle. Ralph Lauren swiftly filed an opposition to FreshSide’s application for the P

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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

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My Name and My Trademark… Yep, It’s the Same Thing!

By Breanna Pendilton | amdlawgroup.com Over the past two years, the United States Patent and Trademark Office, has granted British singer and songwriter, Rita Ora, federal protection over the use of the mark “Rita Ora”.  That’s right, her name is now registered as a valid trade and service mark for concert souvenirs, clothes, hair and makeup accessories, music recordings, and even her performances and/or services as a singer and songwriter. This sounds weird right?!  Rita Ora was grant

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The Battle Between Graffiti Artists and the High Culture of Fashion

By Gloria Han | amdlawgroup.com Cavalli, an Italian fashion designer, used direct design by artists from the San Francisco Mission District in his 2014 Spring and Summer clothing line. Three graffiti artists, Jason Williams, Victor Chapa, and Jeffrey Rubin, filed a lawsuit against Cavalli “for copyright infringement, unfair competition, and violations of the Lanham Act (false designation claim of origin),” stated Walsh. Below is the original mural by the graffiti artists Revok, Reyes,

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Licensing Your Fashion Brand

By Gloria Han | amdlawgroup.com Whether a company is small or large, licensing can be beneficial in a multitude of ways. Not only can licensing bring about an increase of revenue, but also can expand a company’s outreach and establish a permanent, recognizable brand. Establishing a brand name is a valuable marketing strategy that distinguishes a company from the rest of its competitors. There are a couple of steps to consider if a company should want to license its fashion brand: 1. Lice

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Is Your Secret Out? What are Trade Secrets

By Laura Schrauth|www.amdlawgroup.com What do Coca-Cola, the “11 herbs and spices,” and WD-40 have in common? All are closely guarded trade secrets. A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. Many brands choose to maintain trade secrets in favor of patents or other

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Culture and Trademarks: A Closer Look at the Washington Redskins

By Chloe Coska | amdlawgroup.com In the light of the recent scandal opposing the Washington Redskins against a group of Five Native Americans, it is important to understand the stakes in terms of Trademark Law. Last June, a group of five Native Americans successfully challenge the Washington Redskins trademark as disparaging in Blackhorse v. Pro Football, Inc.. The Washington redskins six trademark registrations,  including the term “redskins” have been cancelled by the Trademark Trial an

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Protecting Your Brand: From the Factory to the Stores

By Breanna Pendilton | amdlawgroup.com It is important as a designer that you protect the image and reputation of your brand.  In other words, you want the product that is hanging in the stores to be the product that you produced in the factory; nothing less and nothing more.  This seems to be a common problem with “off the rack” designers.  Even though you can no longer monitor the day to day whereabouts of your designs after it leaves your supervision, you still have rights which

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Taking Your Ideas to the Next Level

By Eliana Rocchi | amdlawgroup.com An original and winning idea, supported by a thorough market research and an accurate business plan, has potential for becoming a successful business. However, another important step needs to be taken in order to avoid wasting such a great potential: one has to create a strong brand and protect it in all aspects. The brand will be the “identity” of the entrepreneur’s idea. It can be constituted of various elements, like words, designs, symbols or combin

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