Copyright

[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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The Benefits of Trademark Protection for the Business Owner

By  Aurelia Mitchell Durant, Esquire | amdlawgroup.com Trademark protection has many benefits for business owners. Although it is technically true that you acquire some trademark protection in the United States simply by using the mark it is best to register the trademark.  By registering your trademark on the Principal Register you are enhancing the rights you already acquired when you started using the trademark.  Here are some of the significant benefits:   Nationwide Priority Witho

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International Intellectual Property – Case Study #1

Imagine a publishing firm based in the United States called “PJD Publishing” (a fictitious company). At PJD, they specialize in novels of fictions, and children’s books. To protect the creative ingenuity of their authors, PJD has copyrighted all of their works. However, copyright laws in foreign countries work differently than those in the United States. For example, in Canada, the dissemination of digital files is legal as long as the distributor is not making a profit. In the United Stat

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Getting Serious About Intellectual Property

By Tasha Schmidt | amdlawgroup.com Many people feel like Washington needs to give more attention and priority to intellectual property rights. Especially this time of the year as the Academy Awards has just happened, it seems like a good time of the year to recognize the billion of dollars that Hollywood funnels into the U.S. economy annually. It seems like everyone wants to be a part of the American movie business, however, many of those that want to get involved are not keen on making sure

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How and when to protect your intellectual property in your small business

By Aurelia Mitchell Durant, Esquire and Sindy Ding-Voorhees, Esquire Bravo to all the small business owners that have the bravery, vision and drive to create something incredible and novel in the marketplace. Every business starts out from an idea. No matter where you are in the stage of solidifying your business idea or executing your business plan, intellectual property is a substantial part of the plan and you want to timely and correctly protect this valuable asset, especially as you try

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DO YOU NEED A DESIGN PATENT OR A COPYRIGHT?

By Eliana Rocchi | amdlawgroup.com Edited by Aurelia Mitchell Durant When you seek a patent for your invention you should know that the “classic” type of patent, called a “utility patent”, is aimed to protect the invention's functional and structural features. If you also want to protect your invention’s visual characteristics, like its shape or its decoration, you might need a design patent. In fact, the appearance of your invention will not be covered by a utility patent if

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Twitter Changes its Copyright Policy

Twitter has made a significant change in its copyright policy, deciding to “withhold” tweets that receive a copyright complaint. The original tweet will be replaced with a message that reads, “This Tweet from @Username has been withheld in response to a report from the copyright holder.” The message also includes a link to Twitter’s “Copyright and Digital Millennium Copyright Act Policy” page.  Twitter used to completely delete tweets without explanation, but now users can resp

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Beware of Nicknames and Trademarks

  You might think that you are just using an innocent nickname but on the other hand maybe you are not.  Heisman Trophy winner Johnny Manziel teamed up with JMAN2 Enterprises LLC in December during football season to trademark, “Johnny Football.” However, neither the company nor Manziel cannot proceed to make money until he is out of the NCAA. A man named Eric Vaughn has allegedly been selling t-shirts that say, “Keep Calm and Johnny Football,” which clearly utilizes the name,

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Coke’s “Zero” victory in the U.S. Patent and Trademark Office

By Gabrielle Sherwood| Editor: Tikwiza Nkowane| www.amdlawgroup.com A three-judge panel on the U.S. Patent and Trademark Office Trial and Appeal Board (“TTAB”) granted Coca-Cola rights to trademark the term "Zero" for its soft drink products. This decision was a major victory for the company. Since 2003, Coca-Cola has been trying to win exclusive rights to the no-calorie beverage brand name-and they finally have. There were many valid arguments against granting rights to trademark the

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Digital Rights Management and Ebooks – International Intellectual Property Law – Case Study #12

Digital Rights Management has been an issue of debate for publishers trying to fight piracy ever since the dawn of the digital age. Digital Rights Management is anti-piracy technology that digital copyright owners use to control who gets to access or copy their work. In particular, DRM gives some content holders the power to remotely control how people can install, listen to, view, and duplicate digital files. An example of how this technology has been misused was when Amazon remotely accessed t

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Trump’s Copyright Battle with Queen

By Toshia Smith | Editor: Kristen Daly | www.amdlawgroup.com On the campaign trail, it is commonplace to hear popular music as a politician walks on stage to give a speech. It serves as a way for those in positions of power to connect with everyday people and their love of the same song. One notion that is also commonplace is musicians asking politicians to stop using their music for promotional purposes. In this 2016 presidential race, GOP nominee Donald Trump has repeatedly been asked by th

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TRADEMARK INFRINGEMENT versus PUBLIC DOMAIN

By Eliana Rocchi | amdlawgroup.com The expression “Public domain” is generally used with reference to the works that belong to everyone and are available for public use. The concept comes from copyright law. It identifies those creative works that are not protected by copyright and thus may be used freely by the public. In other words anyone can copy them or modify them or generally use them in any way they wish. But when does that happen? Nowadays, copyrights in a work are acquired au

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Billionaire Richard Branson and Copyright – International Intellectual Property Law – Case Study #8

Richard Branson, the billionaire founder of the Virgin Group, has just sent a cease and desist letter to “I Am Not A Virgin,” a small New York eco-friendly denim label, claiming that the company’s name infringes on his copyright (Antunes). The small label was founded three years ago by Peter Heron and makes their garments from a blend of virgin cotton, and a variety of recycled materials, including plastic bottles, food packaging, and discarded X-Ray films. After holding his trademark for

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Protecting Your Manuscripts for Reality TV

By Diana Chan | amdlawgroup.com Have you completed a manuscript for a reality tv show? In addition to federal copyright protection, Secure Script Registration with the Writer’s Guild of America can help writers protect their manuscripts associated with radio, film, and TV. Through the Writer’s Guild of America, authors protect their works by establishing legal evidence of the completion date of their original work and their prior claim to authorship--useful aspects against infringers.

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Hey, DJ Keep Playin’ That Song… Unless You Didn’t Pay For It!

By Breanna Pendilton | amdlawgroup.com “Mic check, 1..2..1..2!”  With the summer time here and the fall vastly approaching, we find ourselves in the season of parties: wedding parties, graduation parties, and soon, back-to-school parties.  And with parties, come people, music, and DJs.  While these three things are normal for every party, these three things can also put you at risk for violation of a federal copyright law.  (Ask yourself, “Is the roof really on fire?’) Copyrigh

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