Categories
Trademarks

Derby Pie Trademark Owner Gets A Negative Ruling In The Face On Appeal

A defendant can only be liable for trademark infringement if a third party’s owned trademark registration is used in a trademark way. Stated in another way, the defendant’s use needs to be one where the mark is identifying the source of the good or service. The creator of a well-known chocolate nut pie learned that […]

Categories
Negligence Sports Law

When Is A Waiver Of Injury Enforceable In The State Of Florida

On January 6, 2021, a high school athlete, Ethan Elalou, appealed a final judgment from the Circuit Court for the Seventeenth Judicial Circuit of Broward County in favor of the School Board of Broward County on an executed pre-game release waiver form that barred his claim of negligence against the school board. On appeal, Elalou […]

Categories
Cyber Law

3 Elements To Satisfy In An ACPA Cybersquatting Claim

Under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), a defendant is liable for cybersquatting if it registers, traffics in, or uses a domain name that is confusingly similar to a third party’s trademark with “bad faith intent to profit from that mark.” A successful claim under the ACPA requires that three elements be […]

Categories
Copyright Trademarks

Must Show Massive Distribution For Statutory Damages Of More Than $1 Million In Copyright And Trademark Cases

The Copyright Act allows the owner of an infringed copyright to recover statutory damages, when there is an innocent infringement, in a sum of between $750 and $30,000. When the infringement is willful, the statutory damages can reach as high as $150,000 per infringement. The Lanham Act allows the owner of an infringed trademark registration […]

Categories
Copyright

What To Do If You Receive A Higbee & Associates Copyright Demand Letter

Have you received a demand letter from the Law Firm of Higbee & Associates? If so, then you are not alone. We have been forwarded numerous emails and other written correspondence from the Law Firm of Higbee & Associates, demanding a large sum of money in exchange for a release of claims related to allegations of […]

Categories
Copyright

Groundless Copyright Claims Will Result In Attorney’s Fees, But There Are Limitations

We have recently gone over the test for attorney’s fees in copyright infringement cases. As a refresher, under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees, and the court will look at relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; […]

Categories
Trademarks

Golf Company Slices Trademark Likelihood Of Confusion Claim

A trademark applicant earns a mulligan on its application to register a golf-related mark. The ex-parte appeal was brought by Driven Golf, Inc., which had originally suffered a defeat when the U.S. Patent and Trademark Office examining attorney assigned to its application determined there to be a likelihood of confusion with another mark that was […]

Categories
Trademarks

What Is The Natural Zone Of Expansion Doctrine?

The natural zone of expansion doctrine is a special rule that can apply in the realm of trademark law. It comes up from time-to-time when two parties have separate claims of priority within a class of goods and services. When an individual or corporate entity files a trademark application, the application must specify the categories […]

Categories
Election Law

Trump Campaign Loses Litigation In Georgia And Michigan; Claims Victory In Pennsylvania

Yesterday, we summarized three lawsuits initiated by Donald J. Trump for President, Inc. in Michigan, Pennsylvania, and Georgia, as well as the campaign’s attempt to intervene in the pending U.S. Supreme Court case that concerns the Pennsylvania Supreme Court previously granting a three-day extension for receiving mail-in ballots. Here is a brief update on the […]

Categories
Election Law

Summary Of Donald Trump’s Lawsuits In Michigan, Pennsylvania, Georgia, And Supreme Court Motion

Two days after the 2020 Election there is still no announced winner of the presidency. As ballots continue to be counted, the Trump Campaign has become involved in litigation in three states (Michigan, Georgia and Pennsylvania) and asked to be joined to a pending U.S. Supreme Court lawsuit that concerns mail-in ballots. Trump’s Lawsuit in […]