For many artists, part of the intention for a piece of art is to live beyond its creator. Similarly, inventors and business owners are likely hoping to leave behind some kind of legacy. Yet, surprisingly, many neglect to make a posthumous plan for their works –...
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Florida’s “Stop WOKE Act” Does Not Survive First Amendment Scrutiny
If speech makes people uncomfortable, should it be restricted? Would such a restriction be a violation of First Amendment law? Florida Governor Ron DeSantis’s Individual Freedom Act (IFA), also known as the “Stop WOKE Act,” provoked these questions with its enactment...
How Constructive Notice of a Patent is Established
This week, we are taking a diversion from copyrights and trademarks to the world of patents. We will talk about one of the simplest and most practical measures you can take once a patent is issued for a product of your business: constructive notice. The Importance...
6ix9ine Loses Trademark for His Name, Learns Importance of Responding to Lawsuits
Back in July 2022, rapper Warren Hamilton filed a Notice of Opposition before the Trademark Trial and Appeal Board (TTAB) against Daniel Hernandez, who goes by the stage name 6ix9ine. In the Opposition, Hamilton said that he had been using a similar stage name – SIX9...
When “Unofficial” Does Not Excuse Copyright Infringement – Netflix Sues Over Unofficial Bridgerton Musical
If you inject the word “unofficial” into the title of a work, does that save you from copyright infringement troubles? Abigail Barlow and Emily Bear, the creators of the wildly successful Unofficial Bridgerton Musical, have been learning about this the hard way in...
Marlana J. Johnson Joins Marks Gray
Marlana J. Johnson of Jacksonville has joined Marks Gray as an associate attorney. Johnson focuses her practice on medical malpractice defense and other civil litigation claims. Johnson joined Marks Gray in August after practicing at two other firms in Northeast...
Essential IP Knowledge: Trademark Classes
Have you ever wondered how businesses with similar names can legally coexist? Next time you see brands with similar marks, take note of their industry, products, and services. It is very likely that both businesses have registered trademarks – but they are registered...
AI – Artist or Paintbrush?
Taking first place in digital fine arts at the 2022 Colorado State Fair was a piece named "Théâtre D'opéra Spatial." The artist, Jason Allen, garnered a lot of attention when, after winning, he revealed how the piece came to be: He used an artificial intelligence (or...