Trademark

Trademark Squatting Gets Nowhere: Dsquared2 Won Back Its Legal Distributorship in China

By Sindy Wenjin Ding | amdlawgroup.com A big periodic victory belongs to Dsquared2. This well-known fashion brand successfully secured its legal distributorship in China after experiencing a really hard time fighting for the legitimate sources for distribution of its products. The court in Hangzhou, in the decision, gave a green light for this brand to sell its collections in China and ruled it is “legitimately allowed” to do so. Fashion brand Dsquared2 is an international fashion house th

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Getting a Trademark for a “Controversial” Name

By Tasha Schmidt | amdlawgroup.com It is important to trademark your name, especially when it is your band’s name, and this is exactly what this Asian rock group is attempting to do. Except the rock group is trying to trademark the name, “The Slants.” The band tried to trademark the name over three years ago, and has since been fighting to get it officially trademarked. The band is hoping that they might be able to find a federal court that will not classify the name as being, “racist

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The Pink Store Prevails

By Christina Severino| www.amdlawgroup.com A business owner in Elkorn, Nebraska recently won a trademark battle against Limited Brands giant Victoria’s Secret. Beka Doolittle, owner of the online business “The Pink Store” has been going up against Victoria’s Secret this past year over use of the word “pink”. One of the notable brands of Victoria’s Secret is it’s Pink line that caters to young women. Ms. Doolittle’s online business carries items for all ages and items for the

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My Name and My Trademark… Yep, It’s the Same Thing!

By Breanna Pendilton | amdlawgroup.com Over the past two years, the United States Patent and Trademark Office, has granted British singer and songwriter, Rita Ora, federal protection over the use of the mark “Rita Ora”.  That’s right, her name is now registered as a valid trade and service mark for concert souvenirs, clothes, hair and makeup accessories, music recordings, and even her performances and/or services as a singer and songwriter. This sounds weird right?!  Rita Ora was grant

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The Basics of the USPTO Supplemental Register

By Francisco Martinez and Shandice Sluch|www.amdlawgroup.com Business starts with a brand and that brand should be protected.  Trademark registration is one of the modes of brand protection.   If you have gone through the trademarking process you might soon become familiar with the supplemental register.  The goal is to get onto the principal register and NOT the supplemental register.  If you can make it to the supplemental register that is good and is your pathway to the “big league

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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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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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Licensing Your Fashion Brand

By Gloria Han | amdlawgroup.com Whether a company is small or large, licensing can be beneficial in a multitude of ways. Not only can licensing bring about an increase of revenue, but also can expand a company’s outreach and establish a permanent, recognizable brand. Establishing a brand name is a valuable marketing strategy that distinguishes a company from the rest of its competitors. There are a couple of steps to consider if a company should want to license its fashion brand: 1. Lice

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The Secret is Out!

By Breanna Pendilton | amdlawgroup.com    As mentioned in a previous blog, British luxury shirt retailer Thomas Pink filed an infringement action about a year ago against Victoria’s Secret with a court in London, alleging that the Victoria’s Secret PINK line confuses customers by marketing and selling products under the label “PINK” which is also a name under the Thomas Pink brand.  Well, the verdict (or should I say “the secret”) is out!  Judge Colin Birss ruled against Victor

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Is Your Secret Out? What are Trade Secrets

By Laura Schrauth|www.amdlawgroup.com What do Coca-Cola, the “11 herbs and spices,” and WD-40 have in common? All are closely guarded trade secrets. A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. Many brands choose to maintain trade secrets in favor of patents or other

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Culture and Trademarks: A Closer Look at the Washington Redskins

By Chloe Coska | amdlawgroup.com In the light of the recent scandal opposing the Washington Redskins against a group of Five Native Americans, it is important to understand the stakes in terms of Trademark Law. Last June, a group of five Native Americans successfully challenge the Washington Redskins trademark as disparaging in Blackhorse v. Pro Football, Inc.. The Washington redskins six trademark registrations,  including the term “redskins” have been cancelled by the Trademark Trial an

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Protecting Your Brand: From the Factory to the Stores

By Breanna Pendilton | amdlawgroup.com It is important as a designer that you protect the image and reputation of your brand.  In other words, you want the product that is hanging in the stores to be the product that you produced in the factory; nothing less and nothing more.  This seems to be a common problem with “off the rack” designers.  Even though you can no longer monitor the day to day whereabouts of your designs after it leaves your supervision, you still have rights which

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Obvious Copying of an Iconic Design Yet Still an Uphill Battle

By Diana Chan | amdlawgroup.com Owned by Nike since 2003, Converse’s Chuck Taylors have existed as a classic pair of shoes. Converse’s Chuck Taylor All Stars, commonly known as “Chucks,” are well-recognized by its classic rubber toe and sole and variety of colors.  But over the years, look-a-likes from brands like Skechers, H&M, Fila, Ralph Lauren, Walmart, and several others have now led Converse to sue 31 companies for trademark infringement. In 2013, Converse received federal t

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Taking Your Ideas to the Next Level

By Eliana Rocchi | amdlawgroup.com An original and winning idea, supported by a thorough market research and an accurate business plan, has potential for becoming a successful business. However, another important step needs to be taken in order to avoid wasting such a great potential: one has to create a strong brand and protect it in all aspects. The brand will be the “identity” of the entrepreneur’s idea. It can be constituted of various elements, like words, designs, symbols or combin

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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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