Got Rights? A Jenner or Kardashian Will Probably Infringe Them

I really thought I wouldn’t be writing about this again. I thought that Kylie Jenner and her sisters would hire and listen to knowledgeable and competent trademark and copyright attorneys for their future business endeavors, after: Kylie Jenner infringed several of multi-platinum singer Kylie Minogue’s trademarks; and, then she and her sister, Kendal Jenner, infringed…

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Balenciaga vs Little Trees: When Anti-Fashion Leans Toward Anti-Legal, Daily Journal (November 6, 2018)

In an article for the Daily Journal, ADLI’s Olfa B’Chir discusses the appropriation of functional trademarks by high-end fashion brands attempting to compete with a movement in Fashion known as “AntiFashion”.  She explores the case example of Balenciaga appropriating the Little Tree design and their protected trademark to create a Balenciaga keychain that sells for approximatively…

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Your Trademark Can Become Useless If You Can’t Prove Use

A U.S. trademark registration must be maintained every five years, and renewed every ten, to keep it active and enforceable.  A component of this is the trademark owner filing an affidavit with the Trademark Office, stating the trademark owner is still using the mark in connection with the goods and services in the registration.  The…

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Kylie and Kendall Jenner Don’t Know Wrong from Rights

Earlier this year, Kylie Jenner tried to register a U.S. trademark for “Kylie” as a brand for her celebrity and her branded goods.  For some reason, she or her legal counsel neglected to first find out if that name/brand was available for trademark registration in the trademark classes Kylie sought.  It wasn’t. As early as…

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EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe, IP Watchdog (September 4, 2018)

In an article for IP Watchdog, Dr. Dariush Adli examines the relevance and significance of European high court’s decision to recognize color a protectable form of trademark and offers practical advice to businesses who own color trademarks to take advantage of the ruling by obtaining exclusivity for their products in the EP market. To read…

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Got Bad Reviews? That’s Too Bad, Under New Law

It’s been said that “opinions are like a________s – everyone has one”.   But they can do serious damage to a business when they take the form of negative reviews online. People are entitled to express their opinions (it’s that pesky free speech thing).  Reviews have become powerful influencers.  Most of us won’t consider buying or…

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No Fake News Here. Your Website or App Content Can Get You Sued for Copyright Infringement, Unless It Complies with New Law

President Trump regularly says you can’t trust the media.  He’s 100% right — if he’s talking about a type of digital media.  This would be the third-party content, such as videos, photos, and posts to chat rooms, bulletin boards, and discussion forums, that are hosted on a site or app (“Site(s)” for purposes of this…

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Trade Secrets: The Growing Battlefront

Earlier this year, the most publicized trade secret case of our lifetimes played out in court between two giants, Waymo LLC (actually a subsidiary of Google’s parent company, Alphabet Inc.) and Uber Technologies, Inc. Both companies were developing self-driving car technology, a game-changer in transportation that may forever transform how we get from one place…

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