Trademark

Christian Louboutin: Our “Soles” to Keep     

By Gabrielle Sherwood | www.amdlawgroup.com French designer Christian Louboutin is known for his stilettos with the eye-catching red outsoles. The price of a pair of these shoes starts at around $700 dollars. Currently, the red soles are protected under European Union law. However, in 2012 the controversy over the red bottom trademark ensued. In 2012, Louboutin instituted a trademark infringement lawsuit against Dutch shoemaker Van Haren, who was offering a collection of red-soled high-heeled

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Why You Should Consider Licensing Your Brand

By Laura Schrauth|www.amdlawgroup.com Brand Licensing is a great way for owners of intellectual property (copyrights, trademarks, and patents, primarily) to maintain legal protections in their works while making it possible for third parties to use and develop that work legally. Brand Licensing allows originators of intellectual property to grant non-exclusive rights in their creations, otherwise reserved solely for the originator, to third parties. At the same time, license agreements ensur

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PODS wins $62 million Award in Trademark Infringement Lawsuit Against U-Haul

By Chloe Coska | amdlawgroup.com Clearwater PODS was awarded on the September 25th $62million  of damages in a lawsuit against U-Haul for the use of PODS. The word PODS will remain protected even if the word is used frequently to describe container used for moving. PODS sued U-Haul back in 2012 in the US District court of Tampa for “improper and unlawful use of the word  PODS to advertise their U-box product on their website. The jury has held that the word was not a generic term. The

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FILING FOR TRADEMARK PROTECTION WITHOUT AN ATTORNEY? Answers to 7 Questions You Should Consider

By Tikwiza Nkowane|www.amdlawgroup.com Applying and receiving a trademark is a daunting task and requires time and precision to ensure you do not face litigation for trademark infringement and other problems in the future.  Understanding the basic requirements of what to look for when you are considering applying for a trademark, and what the United States Patent and Trademark Office (USPTO) looks for is critical from the beginning.   1. What are you looking for when you conduct a tra

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HOW TO PROTECT YOUR DESIGN AS A TRADEMARK

By Eliana Rocchi | amdlawgroup.com Sometimes patenting an invention to protect how it is made or the way it works doesn’t cut it. Sometimes a lot of resources have been funneled into creating a unique aesthetical appearance for the final product, for the packaging it will come with, or both. Consider the Coca-Cola bottle, for example, it certainly is unique and distinctive and it immediately brings the drink to mind. Along with an original shape other features can also be used to confer

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Not Your Knot, Bottega Veneta’s Knot

By Gloria Han | amdlawgroup.com The fashion brand, Bottega Veneta, well-known for its hand bangs and fragrances, had filed its unique “knot” design for trademark registration. Initially, the design was rejected by the USPTO because the knot was a non-distinctive product design and needed a secondary meaning. Bottega Veneta attempted to prove that its knot was distinctive through submitting its sales record, media coverage, high remarks from other fashion industry experts, and a comparison w

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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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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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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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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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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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