Author Archives: Jay Butchko
Taco Bell Prevails in “Taco Tuesday” Trademark Lawsuit
According to a report from Reuters, Taco Bell has prevailed in a trademark infringement lawsuit centered around the term “Taco Tuesday.” A rival brand, Taco John’s, has informed the United States Patent and Trademark Office (USPTO) that it will abandon its trademark. Taco Bell had an active trademark cancellation case pending. In this article,… Read More »
How Bikini Block® Protected Its Business When Getting Started
Starting a business is a challenging feat, especially when you’re a woman-owned fashion brand like Bikini Block®. This sister team created a brand they care about deeply and knew they had to protect it. One of the most important things that you can do as a business owner is to protect your brand assets…. Read More »
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 »