Author Archives: Jay Butchko
Can You Sell A Copyright?
A copyright is a form of intellectual property that allows an individual or entity to protect an original form of authorship. It grants the exclusive legal right to produce, publish, assign, or distribute a legally protected work. This raises an important question: Is it possible to sell a copyright? The short answer is ‘yes’,… Read More »
Luxury Footwear Designer Counter Sues Nike Over Trademark Dispute
According to a report from Hypebeast, luxury sneaker designer John Geiger has filed a countersuit against Nike in a complex trademark infringement case. The dispute centers around the shoe company’s well-known Air Force 1 (AF1) and Mr. Geiger’s allegedly similar design. Nike is relying on its trade dress protection. However, the fashion designer is… Read More »
Copyright Law: Four Things To Know About The CASE Act
As part of December’s COVID-19 relief package, congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act). The law creates a federal Copyright Claims Board empowered to hear infringement claims up to $30,000. The statute offers both potential advantages and drawbacks for copyright holders and alleged infringers. In this article, our… Read More »
Enforcing Your Trademark Rights: The Power Of An Injunction
A cease-and-desist letter is often an effective tool to stop trademark infringement. By making a clear demand and emphasizing an intention to take further legal action if necessary, a trademark holder may be able to put a stop to infringement. Of course, a cease-and-desist is not enough to get the job done in every… Read More »
The Inter Miami – Inter Milan Trademark Dispute Continues
In 2020, Inter Miami played its inaugural season in Major League Soccer (MLS) at its home stadium in Fort Lauderdale, Florida. Off of the soccer field the franchise is already battle tested. Inter Miami has been locked in a multi-year intellectual property battle over its branding. The trademark battle shows no sign of slowing… Read More »
Following Super Bowl Victory, A Dispute Over The ‘Champa Bay’ Trademark
On February 7th, the Tampa Bay Buccaneers defeated the Kansas City Chiefs 31 to 9 to win Super Bowl LV. This follows last year’s Stanley Cup Championship for the Tampa Bay Lightning and World Series appearance for the baseball’s Tampa Bay Rays. According to a report from ABC Action News, at least three parties… Read More »
U.S. Appeals Court Rules In Favor Of Photographer In Copyright Case Against Andy Warhol’s Estate
According to a report from the Associated Press (AP), a United States appeals court has ruled in favor of a photographer in a copyright dispute with the estate of artist Andy Warhol. In the case of The Andy Warhol Foundation for the Visual Arts, Inc. v Lynn Goldsmith, the United States Court of Appeals… Read More »
What Are My Options For Challenging A Trademark Application Or Registration?
As explained by the United States Patent and Trademark Office, trademark infringement is the “unauthorized use” of a trademark or service mark in a way “likely to cause confusion” in the mind of a reasonable consumer. You have the right to challenge another party’s trademark application or trademark registration. How exactly you should do… Read More »
Google Wins Big Copyright Case At U.S. Supreme Court
On April 5th, 2021, the Supreme Court of the United States issued a decision in Google LLC v. Oracle America, Inc.—one of the most important copyright law cases in recent years. The nation’s highest court ruled in favor of Google, finding that the company did not violate Oracle’s copyright when it used the Java… Read More »
Boca Raton’s ADT Files Trademark Lawsuit Against Amazon-Owned Company
According to a report from Bloomberg, ADT Security Services has filed a trademark infringement against ‘Ring’—a home security system competitor that is wholly owned by Amazon. In its legal claim, the Palm Beach County based firm alleges that Amazon’s company improperly infringed upon its “blue octagon” trademark. Here, our Florida trademark & copyright infringement… Read More »