Author Archives: Jay Butchko
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 »
FTC Proposes Nationwide Ban On Non-Compete Agreements
In January of 2023, the Federal Trade Commission (FTC) announced a proposed rule to ban non-compete agreements. If enacted the rule would create a broad, nationwide restriction on the use of employee non-compete agreements. These types of contracts are currently lawful in Florida—as long as they meet certain criteria. Here, our Florida employment agreement… Read More »
H&R Block Seeks Rehearing After Defeat in Trademark Litigation
According to a report from Thomson Reuters, H&R Block—the Kansas City, MO based tax preparation company—is seeking a rehearing in a contentious trademark infringement case filed against a competing business. The tax software firm is locked in an intellectual property dispute with a competitor over allegations that the defendant is using confusingly similar branding…. Read More »
Should My Company Build a Patent Portfolio?
Intellectual property is increasingly important as a commercial asset. By some measures, nearly 40 percent of the U.S. GDP is linked to IP-intensive industries. Patents are among the most valuable forms of intellectual property. An innovative company may benefit from developing a patent portfolio. In this article, our Florida patent law attorney highlights the… Read More »
Supreme Court Hears Oral Argument in Jack Daniel’s Trademark Case
In March of 2023, the Supreme Court of the United States heard oral arguments in a somewhat unusual, but potentially important trademark infringement case. According to a report from Reuters, Jack Daniel’s is locked in a trademark dispute with the maker of a dog toy that is shaped like a whiskey bottle. The defendant—an… Read More »
Four Things To Know About The Computer Fraud And Abuse Act
Passed in 1986, the Computer Fraud and Abuse Act (CFAA) is a federal law enacted to address computer-related crimes. Some notable examples include hacking, computer fraud, and the unauthorized access/use of computer systems. There are both criminal and civil provisions. Businesses and organizations may have a CFAA claim to compensation for damages caused by… Read More »