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Author Archives: Jay Butchko

CopyrightInfringement

How To Respond To A Cease And Desist Letter Alleging A Copyright Violation

By Perkins Law |

The Copyright Act of 1976 provides the basis of U.S. federal copyright law. Under the statute, copyright holders can hold violators legally liable for infringement. If you or your business received a cease-and-desist letter alleging that you have committed a copyright violation, it is imperative that you know what to do to protect your… Read More »

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Lit4

Four Things To Know About Trademark Dilution Claims

By Perkins Law |

Brand matters. A trademark is one of the most powerful branding tools that businesses and entrepreneurs have at their disposal. Many are aware that they can file a trademark infringement claim against another party that uses their protected mark without authorization. However, many are unaware that they may also have a similar (but distinct)… Read More »

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Legal32

North Face Settles Trademark Infringement Dispute With Famed Graffiti Artist

By Perkins Law |

According to a report from Reuters, North Face—the American apparel company with a main headquarters in Denver, Colorado—settled a trademark infringement dispute with Leonard McGurr. Mr. McGurr, who is better known as ‘Futura’, is a famed graffiti artist who helped popularize street art in New York City. North Face was accused of using a… Read More »

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Copyright5

South Florida Restaurant Files Trademark Infringement Lawsuit Against Competitor

By Perkins Law |

A South Florida company is suing a competitor for trademark infringement under federal law and state law. In the case of Caribe Trademarks LLC vs. Stevina Food Company, LLC., Sun State Food King, Inc., and John Jackson, the owner of Caribe Cafe Restaurant—a Caribbean food restaurant with six locations in South Florida—contends that a… Read More »

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Legal16

When Can You Hold A Contributory Infringer Liable In A Trademark Dispute In Florida?

By Perkins Law |

In business, brand matters. Trademark infringement can cause material damage to your company’s brand value. The party at-fault for trademark infringement may be legally liable for the resulting damages. Beyond that, in some limited cases, other parties may also be liable for trademark infringement on the grounds of contributory infringement (secondary liability). In this… Read More »

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CeaseD

Six Tips For Writing A Cease-And-Desist Letter In An Intellectual Property Case

By Perkins Law |

Intellectual property (IP) rights matters. A violation of your company’s patent, trademark, or copyright can cause tangible and intangible financial harm. Legal action may be required—but that does not mean that you must respond to every violation with a lawsuit. A professionally drafted cease-and-desist letter is often the most cost effective, efficient way to… Read More »

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TrademarkLit3

Rapper Files Trademark Infringement Lawsuit Over Alleged Misuse Of Wu-Tang Clan Logo

By Perkins Law |

According to a report from Complex, rapper RZA—the de facto leader of the famous Wu-Tang Clan hip hop group—has filed a multi-million dollar trademark infringement lawsuit against several e-commerce stores. RZA alleges that “bootleggers” are selling merchandise with the official, trademark-protected Wu-Tang Clan logo without the proper legal authorization. In this article, our Florida… Read More »

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Copyright4

Copyright Law Watch: Supreme Court Rules “Lack Of Knowledge” Can Justify Error

By Perkins Law |

On February 24th, 2022, the Supreme Court of the United States issued a decision in the case of Unicolors, Inc. v. H&M Hennes & Mauritz, L.P.—an IP matter related to copyright registration. In an important decision, the nation’s top federal court found that “lack of knowledge” may be sufficient to excuse an error on… Read More »

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TrademarkLit2

What Is The USPTO’s Post Registration Audit Program?

By Perkins Law |

A trademark is one of the most important forms of intellectual property in the United States. It allows businesses and entrepreneurs to establish and develop their brands. A trademark should be registered to receive the maximum level of legal protection. For a trademark petition to be approved by the United States Patent and Trademark… Read More »

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Legal29

Can You Sell A Copyright?

By Perkins Law |

A copyright is a form of intellectual property that allows an individual or entity to protect an original form of authorship. It grants the exclusive legal right to produce, publish, assign, or distribute a legally protected work. This raises an important question: Is it possible to sell a copyright? The short answer is ‘yes’,… Read More »

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