Copyright

Amazon’s Merchandising and Trademark Law

Tasha Schmidt, Staff Writer, AMD Law Muti Time Machine Inc, v. Amazon.com deals with the question of whether Amazon’s search results violate trademark law. Multi Time Machine  sued Amazon for copyright infringement. For those of us who are familiar with Amazon, we have probably found ourselves searching for something on Amazon, adding it to our shopping bag, and then proceeding to find another ten items we would also like to buy. There is no doubt that Amazon benefits customers in th

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Getting Out of the Weeds: Why Cannabis Products Can Be Patented but not Trademarked

By Gabrielle Sherwood|www.amdlawgroup.com Cannabis: patentable but not trademarkable Cannabis is legal for recreational or medicinal use in almost 30 states, and this number is likely to grow. However, cannabis remains illegal under federal law. As a result, the United States Patent and Trademark Office (USPTO) will not register trademarks for retailers of cannabis, or for products that contain cannabis. However, what is especially interesting is that the USPTO will grant patents involv

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Resale of Books and Copyright Law being heard by the U.S. Supreme Court

On Monday October 29, 2012, the United States Supreme Court heard arguments of a copyright infringement case dealing with whether or not copyrighted goods made outside the United States can be resold in the U.S. without first attaining permission from the copyright holder. The case has garnered the attention of such companies as eBay and Google, who have stated that a person should have the right to sell an item that they have purchased regardless of where it was made. Publisher John Wiley &a

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[The Forefront of Fashion Law] On-the-spot Report of 4th Annual Fashion Law Symposium

By Sindy Wenjin Ding | amdlawgroup.com The Fashion Law Institute’s 4th Annual Symposium entitled “The spectrum of Style” was held in Fordham Law School in New York on Apr 4. I attended the symposium as a Fashion Law practitioner at AMD LAW, as well as a Fordham Law alumna. The Symposium owns high regards in fashion law industry nationwide, and as expected, it attracted many serious fashion law experts, partners in notable firms, executives from various departments and companies, fashi

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Fight OVER Evil: The Yankees Win A Lawsuit

The Yankee’s successfully took an intended insult and created something great when they adapted to the title “Baseball’s Evil Empire”. When Red Sox CEO Larry Lucchino threw the phrase at the team in 2002, he probably did not predict that it would help them win a lawsuit.             With the help of the Major League Baseball industry, a corporation was brought to its’ knees after trying to coin the phrase themselves and sell merchandise with it. T-shirts, hats, pants,

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Do Memes Violate Copyright Law?

By Laura Schrauth | www.amdlawgroup.com Anyone who has used the internet in the last several years has undoubtedly seen or heard of memes.  Meriam-Webster defines memes as, “an amusing or interesting item (such as a captioned picture or video) or genre of items that are spread widely online especially through social media.”[1] While memes are enjoyable and sometimes controversial, they are also legally relevant. Memes can take on legal challenges in cases where the underlying photo is

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Kaught Red Handed: Kardashians Sued for Stolen Name

By Kathleen Melhorn | amdlawgroup.com   After adding an H in “Kroma”, the Kardashians are facing a multi-million dollar lawsuit over their new line of beauty products. In fact, a judge ruled that all of the products be removed from over 5,000 retail stores because of the brand theft. The sisters are facing a serious battle considering how deliberate the stealing of the name looks. The original Kroma products, created by Lee Tillet over 12 years ago, have been patented by t

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Who Owns the Rights to the “Happy Birthday” Song?

By Kelsey Laugel  |www.amdlawgroup.com In a recent suit against Warner/Chappell, the current owners of the copyright to the famous “Happy Birthday” song, plaintiffs Good Morning to You Productions Corp. called the validity of the copyright into question. The California federal judge overseeing the case has since ordered the parties to provide more evidence regarding the alleged abandonment of the copyright. It may surprise some to know that this popular song, consisting of a six-note

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Brand Protection: Why it is important?

  By Aurelia Mitchell Durant, Esquire (reposted her personal blog, www.aureliamitchelldurant.com) For years I have been flooding my sphere of influence with information about brand protection: what it is and why it is important.  Ideas become protectable brands. The reason that the concept resonates with me is that I have fallen prey to running my mouth about a great idea that came to me in one of my daily daydreams and watched someone else bring the concept to reality.  Sure, t

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How to Use Photos without Violating Copyright Laws

Visual media has become instrumental in designing a website or posting in social media sites such as Pinterest and Facebook. But if you don’t own the photos you plan on using, how do you go about getting the photos your site needs? Grabbing pictures from Google images, off of other websites, or even assuming that you have the rights to photos of yourself or your business despite that it was taken by someone else are all common mistakes that violate copyright law, and if charged, you can be

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Oscar Statues and Copyright Infringement

By Tasha Schmidt | amdlawgroup.com If you were thinking about having an Oscar themed party and furnishing it with replicas of the iconic gold Oscar statues, you should probably think twice. The Academy of the Motion Picture Arts and Science has a reputation for defending their copyrights and trademarks. And this is exactly what they did with the company TheEventLine.com. Back in March 2011, the Academy sued the company on the grounds that they violated the copyright and entertainment law prov

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P.E.A. and MGM Fighting Over Eastwood Films

By Christina Severino | amdlawgroup.com P.E.A. Films, Inc. is seeking to terminate MGM’s (Metro-Goldwyn-Meyer) contracts, which granted licensing rights for three films headlined by Clint Eastwood (“The Good, the Bad and the Ugly” and “For a Few Dollars More”) and Marlon Brando (Last Tango). The films at issue were all produced by P.E.A.’s legendary Alberto Grimaldi. P.E.A. has filed its complaint in New York federal court against MGM, seeking damages starting at $5 million. Spe

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Pandora’s Licensing Rights Won’t be Yanked

By Christina Severino | amdlawgroup.com A 2013 decision by New York federal judge Louis Stanton has prompted digital media outlets, namely Pandora Radio, to seek advice how to proceed if their licensing rights were to be taken. Judge Stanton ruled that if major music publishers decide to withdraw performance licenses, they must withdraw fully, not just partially to avoid online digital streaming companies. This decision resulted after Sony/ATV and EMI modified their consent decrees with BMI, wh

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Estate of Marilyn Monroe Virtually Sued

By Christina Severineo | amdlawgroup.com The advent of holographic depictions of deceased celebrities has been trending, with artists such as Michael Jackson being projected and performing on stage with other performers. The hologram of Michael Jackson during the 2014 Billboard Music Awards was truly a bittersweet experience for audience members. Nonetheless, the growth in use of avatars, holographs, and CGI in live performances has given rise to several legal issues, including who has patent r

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