Author Archives: Jay Butchko
Jury Awards Brewery $56 Million In Damages In Federal Trademark Case
According to a report from the Times of San Diego, a jury awarded Stone Brewing $56 million in damages in a federal trademark infringement lawsuit. The jury determined that Molson Coors—the American-Canadian brewing giant with headquarters in Chicago, IL—violated Stone Brewing’s trademark rights. The specific issue in this case was the re-branding of the… Read More »
How To Respond To A Cease And Desist Letter Alleging A Copyright Violation
The Copyright Act of 1976 provides the basis of U.S. federal copyright law. Under the statute, copyright holders can hold violators legally liable for infringement. If you or your business received a cease-and-desist letter alleging that you have committed a copyright violation, it is imperative that you know what to do to protect your… Read More »
Four Things To Know About Trademark Dilution Claims
Brand matters. A trademark is one of the most powerful branding tools that businesses and entrepreneurs have at their disposal. Many are aware that they can file a trademark infringement claim against another party that uses their protected mark without authorization. However, many are unaware that they may also have a similar (but distinct)… Read More »
North Face Settles Trademark Infringement Dispute With Famed Graffiti Artist
According to a report from Reuters, North Face—the American apparel company with a main headquarters in Denver, Colorado—settled a trademark infringement dispute with Leonard McGurr. Mr. McGurr, who is better known as ‘Futura’, is a famed graffiti artist who helped popularize street art in New York City. North Face was accused of using a… Read More »
South Florida Restaurant Files Trademark Infringement Lawsuit Against Competitor
A South Florida company is suing a competitor for trademark infringement under federal law and state law. In the case of Caribe Trademarks LLC vs. Stevina Food Company, LLC., Sun State Food King, Inc., and John Jackson, the owner of Caribe Cafe Restaurant—a Caribbean food restaurant with six locations in South Florida—contends that a… Read More »
When Can You Hold A Contributory Infringer Liable In A Trademark Dispute In Florida?
In business, brand matters. Trademark infringement can cause material damage to your company’s brand value. The party at-fault for trademark infringement may be legally liable for the resulting damages. Beyond that, in some limited cases, other parties may also be liable for trademark infringement on the grounds of contributory infringement (secondary liability). In this… Read More »
Six Tips For Writing A Cease-And-Desist Letter In An Intellectual Property Case
Intellectual property (IP) rights matters. A violation of your company’s patent, trademark, or copyright can cause tangible and intangible financial harm. Legal action may be required—but that does not mean that you must respond to every violation with a lawsuit. A professionally drafted cease-and-desist letter is often the most cost effective, efficient way to… Read More »
Rapper Files Trademark Infringement Lawsuit Over Alleged Misuse Of Wu-Tang Clan Logo
According to a report from Complex, rapper RZA—the de facto leader of the famous Wu-Tang Clan hip hop group—has filed a multi-million dollar trademark infringement lawsuit against several e-commerce stores. RZA alleges that “bootleggers” are selling merchandise with the official, trademark-protected Wu-Tang Clan logo without the proper legal authorization. In this article, our Florida… Read More »
Copyright Law Watch: Supreme Court Rules “Lack Of Knowledge” Can Justify Error
On February 24th, 2022, the Supreme Court of the United States issued a decision in the case of Unicolors, Inc. v. H&M Hennes & Mauritz, L.P.—an IP matter related to copyright registration. In an important decision, the nation’s top federal court found that “lack of knowledge” may be sufficient to excuse an error on… Read More »
What Is The USPTO’s Post Registration Audit Program?
A trademark is one of the most important forms of intellectual property in the United States. It allows businesses and entrepreneurs to establish and develop their brands. A trademark should be registered to receive the maximum level of legal protection. For a trademark petition to be approved by the United States Patent and Trademark… Read More »