Author Archives: Jay Butchko
How Will a Court Determine if Alleged Trademark Infringement Constitutes a “Likelihood of Confusion”?
To prove trademark infringement, a plaintiff must establish that the offending mark in question is likely to confuse a reasonable consumer. You may be wondering: How does a court determine what constitutes a reasonable likelihood of confusion in a trademark infringement claim? It is a totality of the circumstances evaluation—and there are a number… Read More »
The Five Main Remedies in a Trademark Infringement Claim
A trademark is a key form of intellectual property (IP) for many businesses in Florida. The World Intellectual Property Organization (WIPO) estimates that there are 2.8 million active trademark registrations in the United States. Trademark infringement can damage your brand—but there are legal remedies available under the law. Within this blog post, our Florida… Read More »
Music Publishers Sue Twitter for $250 Million in Major Copyright Infringement Case
On June 14th, 2023, The New York Times reported that a collection of major music publishers have filed a $250 million copyright infringement lawsuit against the social media giant Twitter. The complaint alleges that Twitter has allowed copyright infringement to “run rampant” on its platform. The case is centered around broad and important questions… Read More »
Federal Judge in Florida Denies Coca-Cola’s Bid to Disqualify Law Firm in Trade Secret Litigation
According to a report from Reuters, a federal judge in Florida has denied Coca-Cola’s petition to disqualify a major law firm from a trade secret misappropriation lawsuit. The court determined that Paul Hastings, a Washington D.C.-based law firm, can continue to represent the plaintiff in the case (SuperCooler Technologies, Inc.). Here, our Florida trade… Read More »
Trademark vs. Copyright: What You Need to Know to Protect Your Business
Your top priority as a business owner is making sure that your company is a success. That means building your brand and ensuring your products or services stand out. But while you’re running around doing a million things, there’s one thing you can’t afford to neglect: brand protection. Ensuring that nobody else can use… Read More »
H&M Files Copyright Infringement Lawsuit Against Rapidly Growing Fast-Fashion Firm Shein
According to a report from Bloomberg, H&M—the Stockholm, Sweden-based multinational clothing company—has filed a copyright infringement lawsuit against a competitor called Shein. Shein is a rapidly-growing competitor and has quickly become one of the biggest names in the so-called “fast-fashion” industry. Within this blog post, our Florida copyright infringement attorney provides an overview of… Read More »
Taco Bell Prevails in “Taco Tuesday” Trademark Lawsuit
According to a report from Reuters, Taco Bell has prevailed in a trademark infringement lawsuit centered around the term “Taco Tuesday.” A rival brand, Taco John’s, has informed the United States Patent and Trademark Office (USPTO) that it will abandon its trademark. Taco Bell had an active trademark cancellation case pending. In this article,… Read More »
How Bikini Block® Protected Its Business When Getting Started
Starting a business is a challenging feat, especially when you’re a woman-owned fashion brand like Bikini Block®. This sister team created a brand they care about deeply and knew they had to protect it. One of the most important things that you can do as a business owner is to protect your brand assets…. Read More »
Trademark Litigation Update: Earth, Wind & Fire Lawsuit Continues in Florida
According to a report from Complete Music Update (CMU), the trademark lawsuit surrounding the band “Earth, Wind & Fire” will continue in a state court in Florida. A court denied an effort to dismiss the trademark infringement lawsuit on jurisdictional grounds. It is a high stakes legal dispute for the parties involved—centered on who… Read More »
The Perils of DIY Trademark Filing and Why You Need a Lawyer
Filing a trademark application with the USPTO may seem like a reasonable DIY project, but it’s far from it. While the internet is full of DIY tips and tutorials to help you with the process, there are many nuances to trademark filing that a seasoned lawyer in this area is best suited to help… Read More »