Branding

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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Legal Rules for Brand Influencers: Four Points to Consider

By Shandice Sluch | www.amdlawgroup.com With the rising popularity of social media, brands find themselves taking advantage of platforms like Instagram and YouTube to advertise. In fact, companies have invested millions of advertising and marketing dollars in the use of social media influencers. These influencers, also known as brand ambassadors, partner with companies to advertise their products on social media in exchange for money.  Some well-known brands that utilize this strategy inclu

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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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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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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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Are You a Risky Fashionista…Or Are You Risking the Protection of Your Brand?

By Breanna Pendilton | amdlawgroup.com I know what you’re thinking: “What exactly is a risky fashionista, and how do I know if I am one or not?”  A risky fashionista is a person who is interested in a popular style or practice of fashion which may involve the possibility of having a bad or unpleasant reaction from others.  In order to be a risky fashionista, you need exactly what the word says: risk and fashion.  Without the risk, you’ll just have fashion; and while fashion is ok,

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Your Intellectual Property – How to Protect Your Rights Globally

This post was written by Andrea M. Ewart, Esq. of DevelopTradeLaw, LLC and Aurelia Mitchell Durant, Esq. of AMD Law/Is My Brand Protected? Protection of your intellectual property begins locally. Your intellectual property is any creation of your mind. Most countries have laws that allow you to protect these creations. In this post we discuss forms of intellectual property you may already be using in your business and how to protect them. Major Forms of Intellectual Property Tradem

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Norwegian Men’s Underwear Company Trademark Too “Vulgar”?

By Chloe Coska | amdlawgroup.com The brand under investigation “Comfyballs”, established in Scandinavia in 2013 has been since expanding in Australia, New Zealand and UK. “Comfyballs” uses a design called PackageFront, which is supposed to reduce heat transfer and enable freer movements. The Norwegian brand was planning to release its product onto the US market this year but the USPTO has denied the company's application to register the trademark in the US judging the name “vulgar”.

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011: Celebrity Trademarks

[podcast src="https://html5-player.libsyn.com/embed/episode/id/6627932/height/360/width/450/theme/standard/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/forward/" height="360" width="450" placement="top" theme="standard"]Download this episodeIn this episode, we chat it up about some really interesting celebrity trademarks. Our lead-off quote: Certainly I was typed. But what is typing? It is a trademark, a means by which the public recognizes you. Actors work all

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Preserving Originality in Branding through Trademark Protection

By Ozelle Martin | amdlawgroup.com Originality is the cornerstone for building a formidable identity for a brand. Marketers, branding professionals, entrepreneurs and the like spend a great deal of time brain-storming the elements that would ensure that a brand is memorable and readily identifiable by its consumers and potential consumers. Furthermore, the originality of a brand’s identify is the greatest reputational asset that any business can possess and it must be preserved and protecte

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