Branding

The Brand Protection Woes of the Fashion Brand Zara: Chinese Trademark “Hijacking”

  By Sindy Ding-Voorhees|www.amdlawgroup.com News about Zara is all over the press lately. Zara’s founder, Amancio Ortega, recently surpassed Warren Buffet as the world's second-richest man; several days later, the billionaire was also accused of being one of the most racist. Now, a $40 million discrimination lawsuit claiming he favors hiring employees who are “straight, Spanish and Christian”, has been filed against him. This lawsuit absolutely adds fuel to the flames for Zara,

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Domain Names: Registration, Maintain and Monitor

By Kathy Stewart  | amdlawgroup.com To introduce one to domain names and domain registration, one must begin with a basic understanding of the World Wide Web, in particular websites. Every computer on the Internet has an Internet protocol or IP address, which is a unique string of four numbers separated by periods, such as 165.166.0.2. Since remembering the IP address of Websites would be nearly impossible, a domain name system was created to replace the length of IP address thereby assigning

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The Emerging Market of Revenge Porn

Brandon McCoy | www.amdlawgroup.com Imagine meeting the man or woman of your dreams. You are in bliss as the two of you undertake the journey to build a loving, and comfortable relationship. The relationship is a safe haven, a place of solace. It is so sacred that the two of you become romantically involved. You trust one another so much that harmless photos or videos are shared, and saved on each other’s mobile or media devices for future viewing. Then the unthinkable happens…a nasty bre

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6 THINGS TO REMEMBER ABOUT BRAND PROTECTION AND SOCIAL MEDIA

By Eliana Rocchi | amdlawgroup.com Today’s expansion of social media websites has created a lot of new opportunities for companies to promote their brand, allowing for new forms of interactivity with countless customers simultaneously. At the same time, though, social networking websites like Facebook or Twitter also make it easier to lose control over one’s brand as anyone can create a Facebook or a Twitter account that contains the company’s brand name or engage in unauthorized uses of

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What’s Harming the Fashion Industry

By Gloria Han|www.amdlawgroup.com Why should a company protect its brand name? There is a multitude of reasons to register one’s trademark in the United States Patent and Trademark Office. One of the reasons is to stop others from copying your product and selling it as their own. To raise awareness of the harms the counterfeit market inflicts onto the fashion industry, New York City’s Fashion Institute of Technology opened a new exhibit “Faking It”. Counterfeit items represent abou

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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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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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