Author Archives: Jay Butchko
Disney Sues Midjourney for Copyright Infringement (AI Case)
According to a report from Investopedia, Disney has joined forces with its competitor Universal to file a copyright infringement lawsuit against Midjourney. Midjourney is one of the more well-known generative artificial intelligence (AI) platforms that allows users to create images. Disney and Universal allege that the AI is violating their copyrights. Here, our Florida… Read More »
Central Florida Store Faces Trademark Lawsuit From Buc-ee’s
According to a report from WRIC ABC 8 News, a store in Central Florida is facing a trademark infringement lawsuit from Buc-ee’s, the ultra-popular Texas-based high-end gas station chain. Prometheus Esoterica Inc. has been sued for allegedly selling “knock-off” merchandise. Here, our Florida trademark attorney provides an overview of the case and the key… Read More »
Jury Awards Company More than $200 Million Verdict in Trade Secret Misappropriation Case Against Walmart
According to a report from Law 360, a jury in Arkansas has awarded a company a nearly $225 million verdict in a trade secret misappropriation case against the state’s largest company (Walmart). The jury determined that the multinational retailer improperly misappropriated the trade secret of Zest Labs Inc. In this article, our Florida trade… Read More »
Disney Gets Big Win in Complex Patent Dispute Over “Genie”—but the Case is Not Over Yet
As reported by Florida Politics, Disney has prevailed in a complicated patent infringement case focused on “Genie.” The multi-national company scored a “big victory”—but the patent dispute is not over yet. The United States Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) ruled in favor of Disney on the majority of its… Read More »
Copyright Office Released Pre-Publication of Part Three of its AI Report
On May 6th, 2025, the United States Copyright Office released pre-publication Part Three of its report on generative artificial intelligence (AI) and copyright law. The 107-page document addresses the contentious issue of whether such use constitutes fair use under current U.S. copyright law. It could have very big implications for a fast-developing area of… Read More »
Challenging a Trademark: The Difference Between an Expungement and a Reexamination
You have the right to challenge another party’s trademark on the basis of non-use. The United States Patent and Trademark Office (USPTO) explains that there are two main options available for this type of trademark challenge: Expungement; and Reexamination. At Perkins Law — Brand Protection, we handle all types of trademark challenges. Within this… Read More »
Our Company’s Patent is Being Infringed On—What Now?
Patents are an important form of intellectual property (IP). Discovering that another party may be infringing on your company’s patent is frustrating. Patent rights exist to protect your innovations—and unauthorized use threatens not only your intellectual property but also your competitive edge and potential revenue. It is imperative that you take a proactive approach…. Read More »
Taylor Swift Facing Copyright Lawsuit from Florida Poet
On April 11th, 2025, Yahoo reported that a poet from Florida has filed a copyright infringement lawsuit against pop star Taylor Swift. Florida-based poet Kimberly Marasco is seeking tens of millions of dollars in copyright infringement damages from Taylor Swift based on allegations that the singer used elements of her work without authorization. Here,… Read More »
Restaurant Chain in Florida Sued for Trademark Infringement By Dave & Busters
On March 31st, 2025, the Tampa Bay Times reported that a Florida restaurant chain is facing an intellectual property (IP) lawsuit from the national chain Dave & Busters. Arcade Time USA—a state-based restaurant chain that is headquartered in Miami—is accused of using the trademark protected phrase “Eat Drink Play” without authorization. Here, our Florida… Read More »
Dealing With a Trademark Office Action? Four Tips You Can Use
Did you recently file for trademark registration? If so, you may have run into problems in the form of an office action. Only around half of trademark applications are initially approved—so if you or your business is struggling to get approval, you are certainly not alone. You have options available. It is crucial that… Read More »