Fashion brands such as Tiffany & Co., Hermã ̈s and Christian Louboutin have created entire brand identities around their infamous brand colors (e.g., Tiffany blue). Today, Bottega Veneta and Valentino are trying to follow in their footsteps and claim trademark rights to the colors they frequently use. The act of depositing colors is not new. The Supreme Court ruled in 1995 that a single colour can function as a trademark as long as the colour acquires secondary significance. The secondary meaning implies that a mark has acquired a meaning in the eyes of the public that is different from the meaning of the mark in the dictionary, and in this case, the public usually associates the color with the mark. However, the USPTO appears to register only one-third of color trademark applications each year. What remains unclear is what it takes for trademarks to obtain monochrome trademark rights alongside the element of immediate use in commerce, and what makes it such a delicate process. #lvluplegal #trademark #trademarks #lawyer #attorney #legal #legaltips #fashion Celina Porteus is a Junior Business and Intellectual Property Partner and focuses primarily on helping startups and entrepreneurs set up their business units. Celina is also very passionate about helping fashion companies protect their brands and ensure their websites and stores are compliant with the law. LVLUP Legal embraces the creative and ambitious spirit of business leaders and entrepreneurs. Not only do we meet your legal needs, but we also understand the passion and people behind your business. LVLUP Legal is a women-owned specialty law firm dedicated to empowering startups, brands, entrepreneurs, and content creators to “take action” and make future-oriented legal decisions.
This type of letter is an effective way to demand that a person or company refrain from committing other harmful acts or be brought to justice. Shermin Lakha is the founder and managing lawyer of LVLUP Legal. She founded LVLUP Legal as a progressive, people-focused law firm with the goal of modernizing the legal field through open communication and lump sum pricing. Shermin is a proud founder committed to breaking stereotypes about what it means to be a lawyer. Last December, the Trademark Modernization Act of 2020 (TMA) went into effect to improve the registration process with the United States Patent and Trademark Office (USPTO). In particular, the TMA has reduced the legal time limit for responding to official documents from six months to three months. An official trial is an official letter from the USPTO in which an examining attorney lists all legal issues with the mark of your choice where you have the opportunity to answer and resolve issues. If an applicant does not respond to an official decision, his trademark application is deemed abandoned. If an applicant needs more time to respond to a notice, they can request a one-time extension of 3 months and pay $125.00 in filing fees. Official acts adopted after 3 December 2022 must be answered within three months. #lvluplegal #trademark #uspto #iplaw #intellectualproperty #intellectualpropertylaw #trademarkregistration #trademarkapplication #trademarkattorney #ipattorney #lawyer #attorney #legal #legaltips LVLUP Legal does not make any legal claims or disputes on behalf of clients, but we have a high success rate in these types of claims. NBA star Stephen Curry recently registered a trademark for “Curryverse.” People speculate that Curryverse will become a virtual space in the metaverse where people can interact and sell/buy NFTs.
The trademark application listed filing services for “entertainment services, namely personal and virtual and metaversal phenomena” and “online gaming services in the nature of virtual worlds”. In December 2021, it released its own NFT partnership with Under Armour, which generated approximately $3.5 million in revenue. In addition, the Golden State Warriors have also become active in the Metaverse by forming their own partnerships with the NFTs. #lvluplegal #metaverse #NFT #StephenCurry #Curryverse #Curry #NBA #uspto #iplaw #intellectualproperty #intellectualpropertylaw #registration #trademarkregistration #trademarkapplication #trademarkattorney #ipattorney #protectyourbrand #buildyourbrand #brand #iprights #trademarkownership #lawyer #attorney #legal #legaltips If you are selected to be part of our team, you will learn about the inner workings of building a successful law firm by working directly with the LVLUP legal team. Collaborate on contracts, conduct legal research, assist with trademark searches, register legal entities, business development network and manage projects. You will also learn a considerable amount of commercial law and intellectual property. We develop solid legal foundations and advise our clients on strategic decisions that protect and promote their business. We specialize in business formation, contract drafting, seed fundraising, representation of clients in negotiations, intellectual property protection and general legal advice according to our clients` needs. LVLUP Legal has worked with a variety of clients, including tech startups, content creators, restaurants, beauty and fashion brands, artists, health and wellness companies, and marketing agencies. Gabrielle Levin is currently 2L at Brooklyn Law School (BLS) and focuses on her studies in intellectual property and business law. At BLS, Gabby is a member of the Intellectual Property Law Society and the Fashion Law Society.
Previously, Gabby worked as a copyright and legal design intern for in-house counsel at F. Schumacher & Co., where she focused on filing design copyrights with the U.S. Government Copyright Office, issuing infringement and cease and forbearance letters, and conducting legal research in various areas. She was also a summer partner at Leav & Steinberg LLP, where she gained experience in the world of personal injury and was responsible for client record keeping. Gabby graduated with honors from the University of Michigan in the spring of 2021, where she earned a Bachelor of Arts in Communications and Media. In her spare time, she enjoys spending time with family and friends, trying different training courses and being in nature! #lvluplegal #lawfirm #startups #intern #intellectualproperty Please fill this out and email lvlupinternships@gmail.com with your CV and a 1-3 minute video explaining why you are best suited for the position. The goal when creating LVLUP Legal was to modernize the legal field by creating an open layer of communication and offering legal services on a flat rate basis, as we understand that every dollar counts for businesses and entrepreneurs. In an Illinois lawsuit filed last month, the consumer plaintiffs filed a lawsuit against The Estã©e Lauder Companies, Bobbi Brown Cosmetics, Smashbox Beauty and Too Faced Cosmetics, alleging they violated Illinois` Biometric Information Privacy Act (BIPA). For the avoidance of doubt, biometrics are a measure that refers to a person`s unique physical characteristics and unique identifiers.
The complaint alleged that by inviting consumers to “try makeup virtually” on their websites, they were secretly collecting detailed and sensitive biometric identifiers and information, including facial scans, without users` consent. This lawsuit is just one of many new biometric privacy lawsuits. As biometric data collection tools become more sophisticated, laws such as BIPA are being introduced to prevent private companies from collecting biometric information without disclosure and consent from their users. Indeed, consumers are more concerned about this facial recognition technology and the type of data companies get about them without their permission. #lvlup #lvluplegal #privacy #biometric #privacylaw #cybersecurity #BIPAÂ #EsteeLauder #BobbiBrown #Smashbox #TooFaced #lawsuit #data #consumerprotection #protection #law #lawyer #nyclawfirm #lawfirm #law #legaltips #business #businesslaw #protectyourbusiness #privacylaw We are a progressive, people-focused, women-led specialty law firm modernizing the legal field. A team of trusted legal advisors is a key element in starting and expanding a business. It`s important that startups and entrepreneurs receive legal advice that allows them to proactively address legal challenges. Pitch for new clients and negotiate agreements. Bianca Ascolese is a business and intellectual property lawyer at LVLUP Legal, whose practice focuses on all aspects of contracts for businesses and content creators, as well as intellectual property law, with a focus on trademark authorization, protection and enforcement.
Bianca is passionate about helping entrepreneurs and startups protect, enforce and monetize their intellectual property to build their brands. LVLUP Legal welcomes applications for external spring and summer positions. As a member of LVLUP`s legal team, you will work both virtually and in person in our Flatiron office. Ability to communicate clearly and work well with the team.
