Musings on Intellectual Property
Calculating Statutory Settlement Offers Trying to figure out what an opposing party would have to get in a judgment to beat your proposal for settlement? Want to make an offer of judgment under Florida’s statute (Section 768.79) and need to calculate the amount? The math seems pretty straightforward, but in
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The Supreme Court opens the door for collecting lost profits and royalties on patent infringement that occurs beyond U.S. borders. What if you have a U.S. patent, and a competitor makes some of the parts to your patented product in the U.S., but assembles them outside the U.S., say in
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Can you use a trademark as a defensive shield to protect yourself and your business, besides using it to enforce your brand? Most people think of a trademark as a weapon to prevent a competitor from stealing their customers, ripping off their brand, and taking marketshare. True, that’s the primary
...continue readingRecently I felt compelled to see if I could have an impact on all Florida attorneys and their practice. Currently, the ethics rules prohibit lawyers from charging a losing party (or their client) the transactional costs associated with accepting credit cards, or other forms of payment. Current Rule The prohibition
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No Trade Secret Protection for Uber’s Rider Data On January 10, 2018, the Florida Fourth District Court of Appeals held that rideshare company Uber (through its subsidiary Raiser LLC), could not claim trade secret protection to prevent the disclosure of its rider data. The case resulted from traditional taxicab company,
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How long does a trademark last? What do you need to do to keep your trademark? Here is some insight into the life of a trademark, how long it lasts, and renewal process and deadlines. So you have a trademark, are using the “circle-R” to show it off, and now
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What happens when a brand becomes so well known that people start referring to all products according to the brand name? For example, what is the first term that comes to mind when you think of a box full of facial tissue? Kleenex perhaps? (Technically, this brand remains alive, though
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You came up with your brand and identity for a business or product. You searched online to see if anyone else had the same great idea. You found a trademark, but it’s abandoned or cancelled. What does that mean for your idea? Are you free to register the trademark for
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Does your lawyer offer solutions or just answers? In part two of evaluating your attorney, I explore something that is often killed off inside the mind of law students as they make their way into the ranks of practicing lawyers: creativity. Like my last post on attorneys who are client-oriented,
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Updated: December 15, 2015, to reflect the decision of In re Brunetti __ F.3d __ (no. 15-1109) (Fed. Cir. 2017). Supreme Court invalidates disparagement section of trademark statute based on free speech—is the door now open to registering porn and hate speech? On June 19, 2017, the U.S. Supreme Court
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