Intellectual Property Law
What is the Nice Agreement?
With a total of 45 individual classes, the Nice Agreement establishes international classifications of trademarking goods and services.
Eric Gros-Dubois January 13, 2020
Trademark
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Intellectual Property Law
Can You Trademark a Sound?
An individual may apply to register a sound with the USPTO, but the federal courts have held that the sound must be “so inherently different or distinctive that it attaches to the subliminal mind of the listener, to be awakened when heard, and to be associated with the source or event.”
Eric Gros-Dubois January 13, 2020
Intellectual Property Law
Do You Need a Trademark to Sell Your Product on Amazon?
While Amazon offers a variety of ways to sell on its website, one of the most popular and advantageous to sellers is the Amazon Brand Registry.
Eric Gros-Dubois December 17, 2019
Intellectual Property Law
Why Should I Federally Register My Trademark?
A Federal trademark registration will greatly enhance your rights. U.S. trademark rights are created through the use of your mark in commerce, however these use-based rights are just common law rights and only apply to a specific geographic area.
Eric Gros-Dubois September 27, 2019
Business Litigation
What is Florida’s Uniform Trade Secrets Act?
Florida, among 48 states, has adopted its version of the Uniform Trade Secrets Act known as FUTSA. The purpose of the Act is to ultimately protect one’s intellectual property, ideas and certain types of confidential information.
Eric Gros-Dubois September 18, 2019
Intellectual Property Law
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.
Eric Gros-Dubois June 24, 2019
Intellectual Property Law
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.
Eric Gros-Dubois June 17, 2019
If I use old Patent Drawings as art, does it Violate Copyright or Patent law?
Patents are a government-issued license that gives an inventor the exclusive ability, for a period of time, to make, use, or sell an invention of their creation.
Eric Gros-Dubois October 15, 2018
How many DBA’s can a FL company have?
We’ll keep it short and simple this time. Every state has different regulations on DBA’s. For all intents and purposes,
Eric Gros-Dubois October 2, 2018
Business Law
Can you Claim Trademark Infringement on Google Adwords?
Google allows businesses to purchase advertising space, causing your advertising material and website link to appear more prominently as a result of a search for a particular keyword. However, companies that have a trademark on certain words may have a case for trademark infringement for these types of actions.
Eric Gros-Dubois September 10, 2018
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