Branding

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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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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Owning Jesus? Huh! Does Tyler Perry have a Lock on What Jesus Would Do?

By Aurelia Mitchell Durant, Esquire | www.amdlawgroup.com Trademark registration is pretty powerful, it allows you to police and protect your brand from infringers.  There are a myriad of reasons why trademark protection is awesome thing, but are there reasons when it is not?  Media mogul Tyler Perry was recently granted permission to use the title, “What Would Jesus Do?” as the name of an entertainment program.  Mr. Perry originally applied for the mark in 2008 and prevailed in a batt

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009: Oprah’s Lessons in Learning for the Entrepreneur

[podcast src="https://html5-player.libsyn.com/embed/episode/id/6620001/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 discuss the entrepreneur as a lifelong learner using lessons from Oprah Winfrey’s University of California commencement speech. Our Lead-off quote: Education is what remains after one has forgotten what on

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New European Cosmetics Regulation Streamlines Beauty Labeling

By Caroline Lau | amdlawgroup.com The European Commission of the European Union passed a law that will improve the safety and advertising standards of beauty products. According to a spokesman for the Commission’s department of health and consumers, the Cosmetics Regulation will serve to resolve “ambiguities that may occur among member states” regarding the laws and policies for cosmetics labeling. Legislation for the law has been in the works for three years, now supplanting the previous

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Will Apple Watch Change the Demand for Wearable Technology?

By Diana Chan | amdlawgroup.com After the much hyped keynote speech last week, Apple’s CEO, Tim Cook, introduced the Apple Watch. Companies like Google and FitBit have been trying to promote wearable technology by working together with fashion designers to create wearable technology that is fashionably appealing rather than appearing like a gadget. However, companies have struggled to get consumers to jump on the bandwagon. Will Apple be able to overcome this gap between of wearable technolog

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Virgin’s Trademark Witchhunt

By Christina Severino | amdlawgroup.com The expansion of Richard Branson’s Virgin empire over the past forty years has spurred many trademark disputes between the brand and hundreds of companies, big and small. Staffed with an army of IP lawyers, Branson has spent considerable time and resources in the never-ending battle of protecting his brand’s legacy. In addition to suing the companies directly in court, Branson has also flooded the U.S. Patent and Trademark Office (USPTO) with several

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It’s A Trademark… But It’s Not Actually a “Mark”

By Breanna Pendilton | amdlawgroup.com Trademark law has developed tremendously over time, thanks in huge part to the thriving field of technology.  What was once a law dedicated generally to what people see, has now become a law dedicated also to what we hear.  Just think about it.  When you’re sitting on your couch at home watching TV and you hear, “Easy, Breezy, Beautiful”, you almost already know that this is a Cover Girl commercial.  Or think about when you’re riding in your ca

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Selling Domain Names: How to Flippa Profit

By Toshia Smith | www.amdlawgroup.com In an interview with Flippa.com broker Ali Zandi, the domain seller explained how Flippa works and how the ordinary consumer can navigate the domain name market. Zandi started out as a novice domain seller earning a couple thousand in revenue. He then found his way to the title of senior broker at Flippa based on his successful portfolio that reached around $400,000 in revenue just a few months later. Based in Hawaii, Zandi is also the founder of the

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