Insights
How Not to Lose Your Trademark to Non-Use Abandonment
Do you know what matters more than the registration of your business’s trademark? Its usage. One major way that a business can lose a viable trademark is non-use for a period of three or more years -- it's called trademark non-use abandonment. The USPTO tries to keep...
First Amendment History: The Deborah Lipp Case
Consider this from First Amendment history: In August 1977, Deborah Lipp won a First and Fourteenth Amendment case against the principal of her New Jersey public school and the state attorney general arising from her refusal to stand during the Pledge of...
IP Education: IP Assets & Estate Planning
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 –...
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...