Author Archives: Jay Butchko
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 »
Understanding Trademark Expungement and Reexamination Proceedings
U.S. trademark law grants parties the right to challenge a trademark owned by another party. Indeed, the Trademark Modernization Act of 2020 (TMA) reforms federal law to streamline cancellation proceedings. Depending on the circumstances, a third party may petition to cancel another party’s trademark through 1) Expungement, or 2) Reexamination. Within this blog post,… Read More »
Understanding Copyrights and Why They Matter for Your Business
As a business owner, it is crucial to understand the ins and outs of copyright law and how it affects your business. Copyrights can play a significant role in the success of your enterprise, and ignorance of these laws can lead to costly mistakes that can damage your reputation. So, what exactly is a… Read More »
Trade Secrets 101: A Guide to Securing Federal Legal Protection
In 2016, the Defend Trade Secrets Act (DTSA) was signed into law by President Barack Obama. The DTSA allows an owner of a trade secret to file a federal lawsuit for harm caused by trade secret misappropriation. To obtain rights under the DTSA, there are specific requirements that must be satisfied. Here, our South… Read More »
The Burger King Whopper Smaller than Advertised? Fast Food Company Faces Class Action Unfair Competition Lawsuit in Florida
According to a report from USA Today, Burger King is being sued in Florida by a group of consumers that allege that the company’s brand name burger “The Whopper” is actually much smaller than it is shown in advertising. Consumers alleged false advertising and violations of unfair competition laws, including the Florida Deceptive and… Read More »
Overstock Buys the Bed Bath & Beyond IP, Will Re-Launch Brand
According to a report from NBC News, Overstock—the Utah-based internet retailer—has agreed to buy the intellectual property associated with Bed Bath & Beyond. It reportedly plans to re-launch the brand. Bed Bath & Beyond filed for bankruptcy protection earlier this year. Here, our Florida intellectual property litigation attorney provides a more detailed overview of… Read More »
Protecting Your Business Assets: Understanding Trade Secrets
As a business owner, you understand the importance of keeping certain aspects of your operations a secret from competitors. One of the most valuable assets to any business is confidential information that, if revealed, could allow others to profit from your hard work or innovation. This is where trade secrets come into play, and… Read More »
Twitter Alleges Meta Abused Trade Secrets in Developing New “Threads” Competitor
According to reporting from CNBC, Twitter is accusing Meta of unlawfully misappropriating its trade secrets in the development of its competitor “Threads.” A lawyer for Twitter drafted a letter to Meta—the parent company of Facebook and Instagram—arguing that the tech giant is guilty of “systematic” and “willful” trade secret misappropriation. Here, our Florida trade… Read More »
AI and IP: The Potential Legal Ramifications AI Generated Content May Face
Artificial Intelligence (“AI”) has become a huge fascination and has the potential to be helpful in our everyday lives. The number of AI generators on the internet is becoming larger and more advance each year. For example, ChatGPT is a chatbot created by the Artificial Intelligence company OpenAI. The Chatbot has gained major popularity… Read More »