Author Archives: Jay Butchko

Four Elements of a Cease-and-Desist Letter to Stop Trademark Infringement
Is another business or organization infringing on your company’s trademark? You have the right to take legal action to hold them accountable. A cease and desist letter is a useful tool to address trademark infringement at the earliest possible level. To be truly effective, a cease and desist letter must be properly drafted. Here,… Read More »

Key Factors in Determining if Trademark Infringement Occurred
The United States Patent and Trademark Office (USPTO) defines trademark infringement as “the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source.” How do you determine if trademark infringement happened? There are… Read More »

Do You Have to Re-Register Your Trademark to Keep in Active?
Does federal trademark protection last forever? It can—but it requires continued compliance with trademark regulations and periodic re-registration referred to as trademark maintenance filings. Indeed, a federal trademark needs to be re-registered (mainained)with the filing of a declaration of use between the fifth and sixth year of the registration date, between the ninth and… Read More »

Massive Chip Maker Nvidia Named in Generative AI Copyright Lawsuit
According to a report from Fox Business, Nvidia—the massive manufacturer of graphics processors (computer chips)—is facing a copyright infringement for its role in “generative AI”—specifically in regards to its own LLM called “NeMo.” Three authors contend that the tech giant committed copyright infringement by using protected material in AI training. It is one of… Read More »

Trademark Litigation: Frida Kahlo Corporation Takes on Amazon Sellers
According to a report from The Art Newspaper, the Frida Kahlo Corporation—the holding company that owns much of the famed Mexican artist’s intellectual property (IP)—has filed a copyright infringement lawsuit against a collection of Amazon sellers. Here, our Florida trademark litigation attorney discusses the case and legal issue in more detail. Frida Kahlo Corporation… Read More »

Four Mistakes to Avoid When Licensing Your Copyright
A copyright can be a commercially valuable form of intellectual property (IP). The Copyright Alliance notes that copyrights are valued at $1.8 trillion in the United States. In some cases, a copyright may be licensed by the holder to another party. When used properly, licensed agreements can bring major benefits to both parties. That… Read More »

Google Latest Tech Company Hit With AI-Related Copyright Infringement Lawsuit
According to a report from Creative Bloq (CB), Google has been the latest tech company to face a copyright infringement lawsuit over its image generation artificial intelligence (AI) technology. The proposed class action copyright infringement claim argues that Google’s ImagenAI engaged in massive copyright infringement in its training. Here, our Boca Raton copyright infringement… Read More »

The FTC’s Rule Barring Non-Compete Would Nullify Millions of Existing Contracts (Litigation Expected)
In April of 2024, the Federal Trade Commission (FTC) announced a rule banning non-compete agreements nationwide. Notably, the regulation—which is set to take full effect 120 days after its official publication to the Federal Register—nullifies most existing employee non-compete contracts. Within this blog post, our Boca Raton employment agreement attorney explains the rule, its… Read More »

Court Awards Trader Joe’s to Pay Union Legal Fees Due to “Weak” Trademark Infringement Case
On May 1st, 2024, Reuters reported that the United States District Court for the Central District of California has ordered Trader Joe’s—that nationwide grocery chain—to pay a labor union $100,000 for attorneys’ fee because the trademark infringement claim it filed was exceptionally “weak.” In this article, our Boca Raton trademark rights attorney provides an… Read More »

FTC Announces Final Rule Banning Most Non-Compete Agreements (Litigation Expected)
On April 23rd, 2024, the Federal Trade Commission (FTC) announced the finalization of its rule banning most non-compete agreements. The regulation—which is currently set to take effect in the Summer of 2024—will ban virtually all non-competes nationwide, including already-existing non-compete contracts. Here, our Florida employment agreement attorney provides an overview of the rule, the… Read More »