Recently 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
...continue readingNo Trade Secret for Uber’s Data in Government License
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,
...continue readingTrademark Duration, Renewal, and Section 8 Affidavit
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
...continue readingTrademark Genericide
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
...continue readingCan you register a trademark that is abandoned?
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
...continue readingThe Creative, Solution-Oriented Lawyer
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,
...continue readingHate Speech and Porn Trademarks?
Updated: December 15, 2017, to reflect the decision of In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017). Updated: June 24, 2019, to reflect the decision of the U.S. Supreme Court in Iancu v. Brunetti, __ U.S. __ (2019). Supreme Court invalidated “disparagement” section of trademark statute based on free
...continue readingA Client’s Legal Billing Woes
Ever have a concern about your legal bill? Have you ever questioned your lawyer about it? Here is some unspoken insight on how your lawyer may view you when you question a legal bill. Does your lawyer even care about your goals or your budget? Or are you just a number, some quantum of dollars? Read on to see how lawyers responded to a client’s concern…
...continue readingIRS re-writes Medtronic tech license for $1B deficiency
License between Medtronic and its wholly owned subsidiary deemed not arm’s length transaction. Opens contract to attack by IRS, re-assesses Medtronic’s income, and increases its tax liability. Today the United States Tax Court issued a memorandum opinion that significantly and materially increased the royalty rate in a technology license agreed-to
...continue readingMost favored licensee royalty refund
In a case of first impression, the Fifth Circuit addressed the retroactive application of a most favored licensee (MFL) clause under a fully-paid up lump sum royalty in a patent license agreement. In an underlying patent infringement case, DataTreasury Corp settled with JP Morgan Chase and negotiated a license in
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