Branding

FILING FOR TRADEMARK PROTECTION WITHOUT AN ATTORNEY? Answers to 7 Questions You Should Consider

By Tikwiza Nkowane|www.amdlawgroup.com Applying and receiving a trademark is a daunting task and requires time and precision to ensure you do not face litigation for trademark infringement and other problems in the future.  Understanding the basic requirements of what to look for when you are considering applying for a trademark, and what the United States Patent and Trademark Office (USPTO) looks for is critical from the beginning.   1. What are you looking for when you conduct a tra

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HOW TO PROTECT YOUR DESIGN AS A TRADEMARK

By Eliana Rocchi | amdlawgroup.com Sometimes patenting an invention to protect how it is made or the way it works doesn’t cut it. Sometimes a lot of resources have been funneled into creating a unique aesthetical appearance for the final product, for the packaging it will come with, or both. Consider the Coca-Cola bottle, for example, it certainly is unique and distinctive and it immediately brings the drink to mind. Along with an original shape other features can also be used to confer

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Not Your Knot, Bottega Veneta’s Knot

By Gloria Han | amdlawgroup.com The fashion brand, Bottega Veneta, well-known for its hand bangs and fragrances, had filed its unique “knot” design for trademark registration. Initially, the design was rejected by the USPTO because the knot was a non-distinctive product design and needed a secondary meaning. Bottega Veneta attempted to prove that its knot was distinctive through submitting its sales record, media coverage, high remarks from other fashion industry experts, and a comparison w

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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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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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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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