Author Archives: Jay Butchko
Trademark Law Watch: USPTO Issues Notice Of Proposed Rulemaking
In December of 2020, the Trademark Modernization Act of 2020 was signed into law. Recently, the United States Patent and Trademark Office (USPTO) announced an official notice of proposed rulemaking. The federal agency is set to roll out several key regulations later this year. In this blog post, our Florida trademark & copyright infringement… Read More »
What Is A Trademark Clearance Opinion?
A trademark can be a valuable piece of intellectual property. It can distinguish your company’s brand from competitors. To register a trademark, an applicant must prove that it is a unique source signifier for their product or service. A trademark registration could be denied on the grounds that another company has already registered a… Read More »
Can You Sue for Trademark Infringement If You Have Not Registered?
A key form of intellectual property is a trademark. A trademark is a recognizable sign, mark, or expression that serves as a source signifier. Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. That being said, your rights… Read More »
When Can You Recover Treble Damages in a Trademark Infringement Claim?
As defined by the United States Patent and Trademark Office (USPTO), trademark infringement is the unauthorized commercial use of another party’s valid trademark or service mark in a manner that is likely to cause confusion in the mind of a reasonable consumer. You can hold a violator legally liable through a trademark infringement claim…. Read More »
Architectural Designs and Copyright Protection
Architects put in an enormous amount of professional effort and skill into designing projects. An innovative design is a form of intellectual property. If you are an architect, you may be wondering: How can I protect my creative projects? The short answer is through copyright law. In the United States, architectural designs and other… Read More »
Trademark Searches: A Guide
A trademark search is the process of determining whether or not a particular “mark” is already in commercial use. Businesses and entrepreneurs can benefit from a proactive trademark search because the results will tell them if a particular mark is available and it will give them a better understanding of their options. Ideally, you… Read More »
L.A. Perkins Installed as President of the South Palm Beach County Bar Association
Boca Raton, FL – L.A. Perkins was installed as President of the South Palm Beach County Bar Association by Judge Charles Burton during a Zoom virtual meeting along with other Officers and Directors on Saturday, May 16, 2020. The 59th Annual Installation Gala was rescheduled for October 10, 2020, as a result of the… Read More »
How a Cease and Desist Letter Can Be Used to Protect Your Intellectual Property Rights
Intellectual property rights have commercial value. When another individual or another company violates your IP, it could cause tangible economic harm to your business. You must take immediate action to protect your rights. Of course, this does not mean that you will need to file a lawsuit any time you notice IP infringement. Quite… Read More »
Three Things to Know About the ‘Fair Use’ Doctrine
Under United States copyright law, the creators of original works are entitled to exclusive rights over the reproduction and commercial distribution of the work. Copyright protection is a valuable form of intellectual property. That being said, there are some notable limitations to the law. Perhaps the most important is the fair use doctrine …. Read More »
Comprehensive Intellectual Property (IP) Audits: A Four Step Process
An intellectual property (IP) audit is essentially an inventory of a company’s intangible assets. A professional audit helps businesses determine what they own, how much their IP is worth to them, the strengths and weaknesses in their current procedures, and what action they can take to better protect their company. You may be wondering:… Read More »