A recent case heard by the Supreme Court regarding whiskey and a dog toy might be humorous to some, but it deals with the important topic of trademark infringement and the fair use of parody. Specifically, when is humor an exception to federal trademark infringement...
Intellectual Property Law
How do I protect my intellectual property in Florida?
Florida's economy is highly competitive and so businesses need to protect every advantage they have in the marketplace. They can do this through smart application of intellectual property law. Intellectual property is defined as the laws that were written to protect...
Grande Communications suit highlights Internet music piracy
You may remember the rise and fall of the file sharing website Napster in the early 2000s, and maybe you burned some CDs in the past. You may have felt these activities were relatively harmless, and you simply wanted to enjoy the music at no cost. Still, participating...
When is parody protected by the fair use doctrine?
Some artists make profitable careers making works that parody the works of other artists. Just think of the works of musician Weird Al Yankovic whose decades-long career is built on parodies of popular music. Still, determining whether a parody is lawful can be a...
Why trademark distinctiveness matters
Your trademarks can have a significant amount of value. While they can be indicative of the quality of goods or services that you provide, they can also be a symbol of your business’s reputation and the goodwill that you’ve developed among your consumer base. However,...
Don’t overlook protecting your trade dress
You’ve worked hard to build your business. Now you need to do everything you can to protect it. While that may mean negotiating and securing strong contracts and expanding your consumer base to meet changing market demands, it also means protecting your intellectual...
An overview of copyright protection and infringement
When a company wants to protect its intellectual property, it may consider registering a copyright. A copyright protects original works and it provides the copyright holder with several exclusive rights. Copyright overview and registration Copyright holders have the...
What are my options if I suspect trademark infringement?
For anyone in Florida who has a trademark to ensure they profit from its use and protect it from theft, it is useful to understand when it might have been infringed upon and what options are available. A trademark is used to differentiate one item from another. It...
Seeking injunctive relief for trademark infringement
Your trademark may be more valuable than you realize. After all, consumers identify you and your goods and services through that mark. It therefore strengthens your brand recognition and increases your company’s reputation in the marketplace. As a result, a strong...
What is the difference between copyrights and trademarks?
Many businesses in Tampa rely on copyrights and trademarks to protect their intellectual property. Since intellectual property can be a significant business asset, it is important to have a basic understanding of the difference between copyrights and trademarks. What...