Author Archives: Jay Butchko
Vimeo Wins at Appeal in Major Copyright Case
On January 13th, 2025, Reuters reported that Vimeo has prevailed at the appellate level of a major copyright infringement case. Vimeo—the New York-based video hosting company—was able to fend off a copyright challenge from Universal Music Group and Sony Music. It is a long-standing conflict that centers around the scope of the Digital Millennium… Read More »
Is a Trademark Different from a Service Mark?
Businesses and organizations can protect distinct words, phrases, symbols, or logos that are associated with their brand These are known as trademarks or, in some cases, service marks. At Perkins Law – Brand Protection, we offer our TRADEMARK GENIE® service and we specialize in getting trademarks approved for our clients. Our team wants to… Read More »
Tiger Woods Owned Apparel Line Faces Another Trademark Infringement Claim
According to a report from Front Office Sports, an apparel company owned by golfer Tiger Woods is facing a second trademark infringement lawsuit from a competitor. Puma contends that the Sun Day Red logo is confusingly similar to its own “Leaping Cat” logo. Notably, the Tiger Woods owned company is already facing a trademark… Read More »
Iconic Hip Hop Duo Outkast Files Trademark Infringement Lawsuit Against Atlanta-Based Group
According to a report from Pitchfork, Outkast—the iconic hip hop duo—has filed a trademark infringement lawsuit against the Atlanta-based group ATLiens. Outkast contends that the EDM’s group’s name infringes upon their trademark. Notably, the second studio album put out by Outkast was called ATLiens. Within this blog post, our Florida trademark infringement lawyer discusses… Read More »
What Options are Available to Deal With the Breach of an IP Licensing Agreement?
Through a licensing agreement, the right to use intellectual property—such as a trademark or a copyright—can be granted to another party. A properly drafted licensing agreement is a legally enforceable contract. You can take action against the counterparty to address a breach. A proactive approach is key. Here, our Florida trademark and copyright licensing… Read More »
How to Respond to a Copyright Infringement Notice
The Copyright Act of 1976 is the foundation of American copyright law. It allows people, businesses, and organizations to protect original works of authorship. When one party believes its copyright is being violated, the first step is generally to send an infringement notice. A copyright infringement notice is a type of cease-and-desist letter. Most… Read More »
Music Group ‘2 Live Crew’ Wins Big Copyright Case in South Florida
According to a report from ABC News, the famed music group ‘2 Live Crew’ has won a major jury verdict in a landmark copyright case. A jury in Florida determined that the hip-hop group can regain control of copyrights that it lost more than three decades ago in bankruptcy proceedings. Within this blog post,… Read More »
What Makes a Trademark Distinctive?
A trademark is a unique word, symbol, phrase, or other mark that serves as a source identifier for goods or services. It is a form of intellectual property (IP). However, a trademark can only qualify for protection if it is sufficiently distinctive. Here, our Florida trademark registration attorney provides a more comprehensive overview of… Read More »
Federal Judge in Texas Blocks FTC’s Non-Compete Ban
On August 20th, 2024, the Wall Street Journal reported that a federal judge in Texas has blocked the FTC’s proposed nationwide restriction on most non-compete agreements. The ruling will prevent the FTC non-compete ban from taking effect on September 4th—as was previously scheduled. In this article, our Florida employment attorney provides an overview of… Read More »
Can You Sell Intellectual Property?
Intellectual property (IP) can be a valuable asset. The World Intellectual Property Organization (WIPO) notes that the “value of an IP asset essentially comes from the right the owner of that asset has to exclude competitors from using it.” As with tangible property, the owner of IP has the right to sell it and/or… Read More »