Author Archives: L.A. Perkins
Ninth Circuit Revives Trader Joe’s Trademark Infringement Case Against Labor Union
According to a report from Courthouse News, the Ninth Circuit Court of Appeals has revived a trademark infringement lawsuit filed by Trader Joe’s against a labor union. A three-judge panel ruled that it was too early in the process for the case to be dismissed. Here, our Florida trademark infringement lawyer discusses the case… Read More »
An Overview of Evidence You Can Use to Prove a “Likelihood of Confusion” in a Trademark Infringement Case in Florida
A trademark can be a key part of your branding. You have the right to take legal action against another company (direct competitor or otherwise) that infringes on your trademark. The United States Patent and Trademark Office (USPTO) explains that claimants must prove a reasonable “likelihood of confusion” to establish trademark infringement. Here, our… Read More »
Four Things that Could Go Wrong If You Do Not Conduct a Trademark Search
The United States Patent and Trademark Office (USPTO) explains that a trademark is a legally protectable form of intellectual property (IP). It is a source signifier. To get trademark protection, you need to pick a unique “mark.” For this reason, a comprehensive trademark search is a must. A trademark search is the process of… Read More »
If My Copyright is Automatic Why Should I Bother to Register It?
The Copyright Act of 1976 is the foundational federal copyright law. When a person creates an original work of authorship, copyright protection applies automatically. With that being said, many copyrights are formally registered. This raises an important question: Why bother registering a copyright if protection is automatic? In this article, our Florida copyright lawyer… Read More »
An Overview of the Different Types of Patents
As explained by the United States Patent and Trademark Office (USPTO), a patent is a legal right granted by the government that gives an inventor exclusive control over the use, making, and selling of their invention for a set period of time. There are actually different types of patents. Businesses and entrepreneurs need to… Read More »
Can I Sell My Trademark to Another Company?
A trademark is an important form of intellectual property (IP). As a property right, it can be sold/licensed. Selling a trademark involves legally transferring ownership rights, including the goodwill associated with the brand. It is essential to follow proper procedures to ensure the assignment is valid and enforceable. At Perkins Law — Brand Protection,… Read More »
Four Things to Know About Trademark Expungements
In certain circumstances, trademarks can be expunged. The United States Patent and Trademark Office (USPTO) explains that expungement is a legal process where one can move to cancel another party’s trademark on the grounds that they never actually used it in commerce as is required by federal law. Here, our Florida trademark attorney highlights… Read More »
Federal Court in Florida Revives Infringement Case Post-Judgment Due to the Misinterpretation of Key Terms within Flooring Patents
According to a report from Bloomberg Law News, a federal appellate court in Florida has revived a long-running, complex patent infringement case over flooring. The court determined that a federal judge materially misinterpreted the patent and remanded the case for new analysis to determine if there is patent infringement. Within this article, our Florida… Read More »
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 »