Trademark

Why Retailers Like Nasty Gal And Forever 21 Get Away With Knockoffs

(By Kelsey Laugel – www.amdlawgroup.com) At the 2015 Billboard Music Awards in May, Nasty Gal, an American-based retailer that specializes in providing more affordable versions of designer clothing, claimed credit for Taylor Swift’s white Balmain jumpsuit. For comparison, the average Balmain jumpsuit can cost anywhere from $2,000 to $6,000 while the Nasty Gal version retails for $78. After copying Balmain’s design and then tweeting to claim credit for it, Nasty Gal received instantaneous

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“Hangouts” vs. “Hanginout”: Google’s Social Media App was Challenged by Trademark Infringement

By Sindy Wenjin Ding | amdlawgroup.com Are you a user of “Hangouts” on your smartphone? Google is having trouble to keep using “Hangouts” as the name of its newly launched video-focused social media app. A California-based company, Hanginout, Inc. filed a lawsuit against Google, Inc. in late November 2013, claiming that Google, Inc. has infringed its trademark for its video-focused social media app. The smaller company located in Carlsbad claims that the first use of "Hanginout" in com

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Parody or Trademark Infringement? The Tale of Print T-Shirts

By Ozelle Martin | amdlawgroup.com       Lately, there seems to be a sudden burst in the number of print t-shirt lines that bear designs that are strikingly similar to those of well-known luxury brands such as Chanel, Gucci, Louis Vuitton, and Givenchy. Undoubtedly, these print t-shirt creators have ventured such a path, in an effort to appeal to the audiences of these very brands to whom they have become parasitic. With ammunition, in the form of potent legal departments, in tow- many of t

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The First Step To Globally Protect Your Trademark

By Ann Marie Sallusti | amdlawgroup.com Unlike most countries, the United States follows the first to use rule when protecting trademark rights. This rule states that the trademark rights belong to the first party who uses the trademark of a certain product or service in commerce.  In the United States, federal registration of a mark is not mandatory but can save time, money and prevent future infringement problems. Most countries enforce the first to file rule, which protects the trademark ri

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The Trademark Tacking Doctrine: What is it and Who Should Decide.

By Diana Chan | amdlawgroup.com In trademark law, the tacking doctrine allows an existing trademark owner to modify its mark without abandoning ownership of the original trademark.  The key to allowing the modification without abandonment or loss of priority is continuity. In other words, the mark must retain a common element that symbolizes a continuing commercial impression.  The modern test of continuity, or the “legal equivalents” rule, requires the mark to create the same commerci

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Train A Child In the Way He Should Go…. And He Will Call YOU A Copycat

By Breanna Pendilton | amdlawgroup.com Last month, small Atlanta-based shoe designer, Antonio Brown, sued big time company, Louis Vuitton, for trademark infringement.  Since the earlier months of 2013, Brown’s sneaker collection has been known for its distinctive metal plate placed across the toe box of its shoes.  In February of this year, Louis Vuitton’s new “On the Road” collection made its debut with an all too familiar metal plate, placed right across the toe of the shoe. Brown

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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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Victory and Monster: The Battle of the Energy Drink Firms

By Chloe Coska | amdlawgroup.com Missoula small business and the giant soft drink company in the middle of a trademark battle regarding their energy drinks products. The Missoula is accused by the Monster energy drink company of trademark infringement. Monster sent on September 10, according to the court document, a letter demanding Victory to stop selling its products disclose Victory’s sales of all products bearing the disputed logo, and pay for attorney’s fees incurred, among other

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WHAT YOU NEED TO KNOW ABOUT PROTECTING YOUR APP

By Eliana Rocchi | amdlawgroup.com The billion dollars app boom is far from being over! A recent study carried out by GIGAOM for the European Commission (https://ec.europa.eu/digital-agenda/en/news/sizing-eu-app-economy) shows how apps are going to substantially contribute to the future global economy and how app developers are going to take the global lead. It is important, for app developers, to know how to obtain protection for their ideas at first, and in the end for their developed apps.

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European Court Protects Ralph Lauren “Polo Player” Trademark

By Bryan Salvadore | amdlawgroup.com The fashion brand, Ralph Lauren, well-known for its “Polo Player” logo recently won a trademark battle against FreshSide. Back In late 2009, FreshSide Ltd. applied to register a trademark with OHIM, the EU body responsible for Community Trademark registrations. FreshSide, which does business as “Chuck” applied to register a mark consisting of a polo player on a bicycle. Ralph Lauren swiftly filed an opposition to FreshSide’s application for the P

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Apple doesn’t make the same mistake twice (Kathleen Melhorn, Staff Writer)

Instead of facing infringement charges or risking winding up in court again, Apple filed seven trademarks this week. The patents Apple filed would protect the application icons in the new iPod Nano device coming out soon. A website called “Patently Apple” which focuses solely around Apple’s inventions, breaks down the entire file for the trademarks. Viewers are able to see all details down to the colors that they would like to own for the application icons. This effort to clear up an

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Michael Kors… Or Michael Yours…and Hers…and His

By Breanna Pendilton | amdlawgroup.com The Michael Kors brand is arguably one of the most expensive and well-known labels in today’s fashion world. But these same characteristics, (expensive and well-known) are exactly what’s destroying the reputation of this brand. Outlet stores and small business are jacking down the prices, and while the good ole’ Michael Kors’ stores still exist, customers are much more apt to buying them cheaper at other discount stores and retailers. The word

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How to #Registeryourhashtag

By Ann Marie Sallusti | amdlawgroup.com Hashtags are any word or words that have the pound (or hash) symbol in front of them. They are used to get certain words to trend on the Internet via twitter, instagram, Facebook and other social media networks. Anything can be a hashtag. For example, #mybrand, #awesome, #dolls, #trademark, and #fashion. Hashtags can be used to trigger discussions via twitter and other social media websites. A user can register their hashtag using the twubs website and

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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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