Branding

First Step to Federally Protecting Your Copyright

By Ann Marie Sallusti | amdlawgroup.com Many people may confuse a trademark and a copyright. A trademark is generally a word, phrase, symbol or design or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.On the other hand, a copyright is the limited period of exclusive rights to copy, license, or otherwise exploit fixed literary or artistic expression. Why would a creator want to protect their copyright? Trademarks and copyrig

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Gung Fu Scratch & the Avengers: Brand Positioning Done Well

Brandon A. McCoy | www.amdlawgroup.com Avengers: Age of Ultron domestically grossed $191.3M dollars, and an impressive $631.1M internationally in its first week. Since, it has been reported by CNN the series earned $1B in just 24 days. These staggering numbers propel the Avengers franchise to adorn the number two spot, of top grossing series of all time. Age of Ultron did not disappoint. Tony Start was as witty and brilliant as ever, Bruce Banner was still attempting to come to terms with his

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Is Your Business a Victim of Showrooming? What it is and How to Prevent it

By Christina Severino | amdlawgroup.com Showrooming, What is it? “Showrooming” is an emerging trend and chronic problem for brick-and-mortar retailers everywhere. Consumers who “showroom” will browse and test new products in store but then purchase the product online from another retailer, often at a lower price. The Stats:   Don’t fall victim to Showrooming! Follow these steps to protect your business! 1. Focus on strengthening your brand: Offering co

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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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The Do’s and Don’t’s About Selecting a Business Coach

By Nicole LaCicero | Editor: Kristen Daly | www.amdlawgroup.com Some business coaches focus on increasing an individual’s productivity in life in order to be successful and increase their performance in the business.[1] Others focus strictly on making their clients rich by increasing online performance.[2] Then, there are eCommerce coaches who focus on applying technology and advanced digital marketing to help businesses gain brand recognition and competitiveness in the marketplace.[3]

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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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All About Labels

By Ann Marie Sallusti | amdlawgroup.com                       Some consumers are more interested in buying a product for the label or brand it represents rather than the functionality of the product. Regardless of the price, a consumer may be willing to spend more money to own a product with a well-known label, such as Starbucks, Louis Vuitton, Apple, and Ralph Lauren. There may be a cheaper product on the market, but the consumer will pay extra money to own and use a popular

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Marks that McDonald’s Was Not Able to Secure

By Chloe Coska | amdlawgroup.com Following the news of McDonald’s seeking to secure the term “McBrunch”, we thought in order to have a better understanding of McDonald’s interests at large, to do a post about  the marks the company has tried to secure over the years. The July application for "McBrunch" is not the firm's first attempt to secure trademark protection. The company first attempted to secure the term “McBrunch” back to 2001.  Second, "McBrunch" is not the only term

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“Made-For Outlet” Fashion Lines: Friend or Foe?

By Christina Severino | amdlawgroup.com The advent of outlet malls during the 1980s once primarily served as a depository for surplus and blemished merchandise of manufacturers. However, consumer demand for luxury brands in a lackluster U.S. economy has soared in recent years. There are currently over 13,000 outlet malls in the U.S. alone, each covering roughly 200,000 square feet. The demand has gone up so much that some brands are producing discounted lines specifically for outlet shops. Fo

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Loyalty can’t always buy you love: Why loyalty programs only go so far…

By Christina Severino | amdlawgroup.com In an effort to build consumer loyalty, brands are increasingly putting more focus on loyalty programs more than price promotions and other discounts. A recent report by MarketingWeek indicated that promotions typically circulated through loyalty programs tend to be the most successful method of converting customers to their brand, through coupons or other reward point systems. The report highlighted a recent marketing research survey conducted by fast

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