Copyright

The Battle Between Graffiti Artists and the High Culture of Fashion

By Gloria Han | amdlawgroup.com Cavalli, an Italian fashion designer, used direct design by artists from the San Francisco Mission District in his 2014 Spring and Summer clothing line. Three graffiti artists, Jason Williams, Victor Chapa, and Jeffrey Rubin, filed a lawsuit against Cavalli “for copyright infringement, unfair competition, and violations of the Lanham Act (false designation claim of origin),” stated Walsh. Below is the original mural by the graffiti artists Revok, Reyes,

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013: Using Photos In A Way to Lessen Copyright Violations

[podcast src="https://html5-player.libsyn.com/embed/episode/id/6642184/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 episode In this episode, we discuss how to use photos in a way to lessen copyright violations. The lead-off quote: The best thing about a picture is that it never changes, even when the people in it do.” — Andy Warhol

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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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Why Solopreneurs Need Trademark Protection

By Aurelia Mitchell Durant, Esquire | www.amdlawgroup.com Your trademark, like your name, is your identity, because, as a solopreneur, your business is yours and yours alone. And unlike your personal name, which you most probably did not choose, you worked and thought long and hard before you decided on your business trademark. You should have chosen a name that is unique, and that cannot be confused with the trademark of any other business, whether in a field similar to yours or those that hav

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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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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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Elton John’s Copyright Woes – International Intellectual Property Law – Case Study #9

  Music legend Elton John is filing his legal documents to dismiss a copyright infringement suit filed in Illinois back in April by singer/songwriter Guy Hobbs. Hobbs alleges that the composer lyricist team of Elton Hohn and Bernie Taupin stole lyrics from his 1983 title “Natasha” for their title “Nikita” released two years later. John’s “Nikita” is about the unreciprocated love for an East German female body guard, while Hobbs’ lyrics in “Natasha” focuses on an af

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International Takedown Request not Working – International Intellectual Property Law – Case Study #4

Despite the ever increasing amount of takedown request from copyright holders, piracy still rages onward (Peoples). The 2012 numbers however are predicted to blow away 2011’s. So far, the 2012 numbers have surpassed 2011’s, and have even been projected to surpass 12 million (Peoples). In the United States, takedown numbers are similarly large. In just the past month, 1,600 copyright holders have requested that Google remove over 2.5 million URL’s from 26,777 domains from their se

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Is ICANN Obligated to Police Piracy?

By Sophie Sun | Editor: Kristen Daly | www.amdlawgroup.com ICANN, the domain name system oversight body, has become frustrated with the pressure that copyright lobby groups are placing upon it regarding action against pirate sites. Grogan, chief Contract Compliance Officer of ICANN, says that the organization does not wish to serve as the “piracy police”, policing content that is completely out of their scope. He claims that the mission of ICANN is the coordination of global Internet syst

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Be Aware of Google’s Copyright Infringement Policy Changes – International Intellectual Property Law – Case Study #10

The search engine, Google has made some very interesting changes to its search algorithm aimed at deterring the use of sites that host copyright infringing content. This is a critical step in protecting valuable creative content on the internet. Google is now taking into account the number of valid copyright removal notices that they receive for a given website. Sites that receive a high amount of removal notices will be appearing lower in the search results list, lowering both the chances of

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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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Copyright Protection for Non-Humans: “A New Frontier”

By Renata Mitchell | Editor: Kristen Daly | www.amdlawgroup.com If a monkey takes a selfie, does he own the picture? In 2011, British photographer David Slater traveled to Indonesia to explore the beauty of Asia's wildlife. Shortly after setting up his tripod in the forest, he stepped away for some time; upon returning, Slater discovered that a black macaque had used his camera to take pictures of itself. These pictures famously became known as the "monkey selfie." The question that ari

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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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