Trademark

McDonald’s Seeks to Trademark the McBrunch

By Chloe Coska | amdlawgroup.com The Worldwide famous fast food chain is in the process of securing the trademark term "McBrunch." With the increasing competition of the breakfast market, the McDonald's filed the application for "McBrunch" on July 23rd, as an attempt to consolidate its control of the coveted breakfast market. The Gold M competes with fast food rival Taco Bell with their new morning menu items and also Starbucks which has boosted its breakfast offerings with new breakfa

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Pink Clashes with PINK

By Caroline Lau, Staff Writer, AMD LAW British luxury shirt retailer Thomas Pink filed an infringement action against the UK branch of American lingerie retailer Victoria’s Secret with the Patents County Court in London back in May. Thomas Pink alleges that the Victoria’s Secret PINK line, designed to target the younger crowd of teens to twenty-somethings, confuses customers by marketing and selling products under the label “PINK”, which is also a name under the Thomas Pink brand.

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Protecting Your Brand: U.S. Customs and Border Patrol

By Diana Chan | amdlawgroup.com Last summer, the United States Customs & Border Patrol (CBP) in Los Angeles, California, seized over 16,000 counterfeit Hermès handbags, valued at $295,665. If they were genuine Hermès handbags, the total retail price would have been nearly $211 million.  In May of this year, CBP in Jersey City, New Jersey, intercepted 185 counterfeit guitars bearing trademarks such as Gibson, Les Paul, and Martin. The counterfeit guitars were being sold for $200 to $

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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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First Step to Federally Protecting Your Copyright

By Ann Marie Sallusti | amdlawgroup.com Many people may confuse a trademark and a copyright. A trademark is generally a word, phrase, symbol or design or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.On the other hand, a copyright is the limited period of exclusive rights to copy, license, or otherwise exploit fixed literary or artistic expression. Why would a creator want to protect their copyright? Trademarks and copyrig

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KitKat V. Cadbury on “Four-fingered Design”

By Tasha Schmidt | amdlawgroup.com When you think of a KitKat, what do you think of? Do you automatically think of the candy bar and imagine the “four-fingered shape?” This is what the latest ruling decided by the Board of the Appeal at the EU’s Community Trade Mark Office established. As result of this ruling, rival companies, which are producing similar types of candy bars and chocolates, will not be allowed to use the design. It was decided that the four-fingered shape, created in 1

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John Wayne Family Loses Round One to Duke University in Trademark Fight

By Chloe Coska | amdlawgroup.com In the litigation opposing John’s Wayne family against Duke university, the mark at issue is the legendary nickname “DUKE.” As a fan of the great John Wayne you should be aware that he was referred as “Duke,” “Duke Morrison,” “Duke Wayne,” “Duke and The Duke” — a nickname that derived from his boyhood dog named Duke. John Wayne Enterprises, a Newport Beach Corporation filed a trademark application back in 2013 for the marks “Duke” an

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Why Not Register Trademark-Infringing Domain Names?

By Sophie Sun | Editor: Kristen Daly | www.amdlawgroup.com One mistake that an investor may make during domain name registration is the registration of a trademark-infringing domain name. Such a domain name causes several questions to arise: what is the intent of the registrant at the time of registering that domain name? If the registrant registers a domain name and has good faith intent to create a website in one of those areas, does he or she have to worry about registering the domain name

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The Growing Problem of Counterfeit Websites

By Bryan Salvadore | amdlawgroup.com A growing number of shoppers are being tricked into purchasing counterfeit designer goods. Counterfeiters often use websites to mislead shoppers. Reports estimate that counterfeit websites receive more than 53 million visits per year.  Counterfeit websites claim that their inventory is “authentic” products that are delivered at discounted rates. These websites often claim to be outlets for designers and use designer trademarks on their site and counterf

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My Smell is Unique

By Gloria Han | amdlawgroup.com Kimiya Shams argues that intellectual property law should protect fragrances. Competition between fragrance companies, mainly in Europe, is on the rise. In 2012, the global fragrance market was valued at $28 billion dollars and companies spend around 7 to 12 percent of their revenues from perfume sales in research alone. If a brand sells the most popular fragrance, its revenue can easily exceed one billion dollars per year. Chanel’s famous No. 5, which is sold

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What Designers Need to Know About Trademark, Patent and Copyright

Sindy Wenjin Ding  |  www.amdlawgroup.com Some people confuse the differences among trademarks, patents and copyrights. It’s fundamental for intellectual property rights owners, especially fashion designers, to figure out the similarities and differences among these kinds of intellectual property protection, and the different purposes each serves. I’ll explain each kind one by one, and then give some observations on how the intellectual property rights entangle with the fashion world.

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Biz Owners Must Know the Difference Between Copyright & Trademark

It is easy to confuse a trademark with a copyright because they are both in the intellectual property field of law. It is important for small business owners to know the difference between the two to protect their products and/or services.        A trademark can be a word, symbol, and/or design, and can also refer to service marks.  Trademarks and service mark simply allow a customer know where the goods and/or service came from.  Sometimes, a customer will want to continue buying from

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Marks that McDonald’s Was Not Able to Secure

By Chloe Coska | amdlawgroup.com Following the news of McDonald’s seeking to secure the term “McBrunch”, we thought in order to have a better understanding of McDonald’s interests at large, to do a post about  the marks the company has tried to secure over the years. The July application for "McBrunch" is not the firm's first attempt to secure trademark protection. The company first attempted to secure the term “McBrunch” back to 2001.  Second, "McBrunch" is not the only term

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Know What You Stand For

By Tasha Schmidt | amdlawgroup.com Do you have a company or a brand that you have started? Are you aware of how you appear or what you stand for to people around you? In our day in age, not only should you be aware of how you are being viewed as a physical company and business, but also how you appear in the virtual world. If you choose to not define yourself or trademark your identity, then others will do it for you, and how you appear or what your products get associated with may not be wha

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The Red Sole

By Caroline Lau | amdlawgroup.com  Earlier this past June, designer shoe company Christian Louboutin filed a lawsuit in a New York court against Charles Jourdan, also a French shoemaker, for trademark infringement. The unmistakable red lacquered sole is Louboutin’s trademark, over which Louboutin asserted infringement on the part of Jourdan and the retailer DSW for selling red-soled shoes. Accusing the Jourdan shoes of being “counterfeit”, Louboutin also targeted DSW for selling the sh

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