Author Archives: Jay Butchko
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 »
What You Need to Know About Trademark Cancellation Proceedings
A trademark is a valuable form of intellectual property (IP). A legally protected and properly registered trademark helps a company to develop its brand. What many people do not realize is that a trademark application that has already been approved could still potentially be at risk. Indeed, private parties have the right to file… Read More »
How Do I Defend My Trademark Against an Attempted Cancellation?
The International Trademark Association (ITA) defines a trademark cancellation as the “removal of a trademark registration from the register.” Is an individual, business, or organization taking action to attempt to cancel a trademark that you own and control? It is imperative that you know how to effectively respond. Within this article, our Florida trademark… Read More »
Federal Trademark Lawsuit Filed Against Band Using “Earth, Wind & Fire” Name in Florida
According to a report from the South Florida Sun Sentinel, a “legacy band” that claims association with the famed musical group “Earth, Wind & Fire” is facing a trademark infringement lawsuit in a federal court in Miami-Dade County. Here, our Florida trademark infringement claims attorney discusses the details of this case and explains the… Read More »
Can You Get Trademark Protection for a Domain Name?
We live in an increasingly digital world. The United States Census Bureau reports that nearly 15 percent of nationwide commerce was e-commerce in 2022—a record high. For businesses and organizations, a website—and a domain name—can be a key part of overall brand identity. You may be wondering: Can you trademark a domain name? The… Read More »
AI Art Opens New Frontier in United States Copyright Law, U.S. Copyright Office Issues Key Decision in Favor of Limited Protection
Over the past few months, a number of different tech companies have introduced new tools based on artificial intelligence (AI). Some of these applications allow users to create “AI art.” Broadly defined, AI art is art created with the help of artificial intelligence technologies. A new type of creative output, there are major questions… Read More »