Online Trade Dress Infringement
Trade dress infringement claims are no longer solely about whether a producer is infringing upon the other because of the packaging or design of a product. Now trade dress infringement also encompasses whether an online user is infringing upon another user’s YouTube channel or blog by copying the name or the content.
Damages Under Lanham Act
The Act permits the injured party to recover (1) any profits the defendant made off the use of the trademark, (2) any damages sustained by rightful owner of the trademark through the unlawful use by the defendant, and (3) the costs of the court action. If the trademark infringement is particularly shocking or offensive, then the court can award the injured party three times the actual amount of damages.
Piercing the Corporate Veil: When Can the Owners Be Liable?
Piercing the veil means the court disregards the limited liability protection and the person suing the company can go after the owners personally.
Trade Dress Infringement
Trade dress infringement occurs when one product’s design or packaging copies that of another product to the degree that there is confusion in the minds of consumers.
Can a Shareholder or Member Transfer Shares?
One of the biggest strengths of the corporate form is its provision of limited personal liability to owners.
What Happens to a Car When the Owner Dies?
There are two ways that the ownership can be transferred, and the court can ultimately determine the legal owner of the vehicle.
Is Remote Electronic Notarization Legal in Florida?
Florida is one step closer to making online notarization legal in the state thanks to the recent approval of House Bill 409 by the Florida House of Representatives and Florida Senate.
Do you have a pet that you consider as a family member?
Providing for all members of your family is of the utmost importance– including your furry, four-legged friends.
Perfecting the Security Interest
A secured party should perfect their security interest, after attachment, in order to fully ensure its legal rights against a third party claiming that they have an interest in the same collateral. By perfecting a security interest, a secured party gains priority over subsequent creditors claiming the same collateral.
What is a Security Interest?
A security interest occurs when a debtor, which can be a person or business, borrows money from a creditor or more specifically a secured party and they agree to execute a security agreement. In the event the debtor defaults by not paying back the loan or by violating a provision in the agreement, the secured party can seize the collateral and may sell it to satisfy the debt.
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