If she or he is not a lawyer, no.David Boggs, LLC and Mac Mar, LLC sued Matthew Soltis and his company My Affordable Roof, LLC for trademark infringement concerning the mark “MY AFFORDABLE ROOF.” Soltis appears to have opted to
Florida IP
The Florida IP blog, published by Shutts & Bowen, LLP, focuses on intellectual property law as it applies within Florida. It covers topics such as trademark infringement, patent litigation, copyright issues, and the impact of regulatory changes on IP rights. The blog also addresses procedural matters like service of process and case management in IP disputes, including adaptations due to public health crises. Additionally, it discusses administrative developments from agencies like the USPTO, including deadline extensions and procedural adjustments. The content reflects practical legal challenges faced by businesses and individuals in protecting and enforcing intellectual property rights in Florida.
Latest from Florida IP - Page 2
Does The Labor Day Holiday’s Mattress Sale Weekend Warrant a Temporary Restraining Order?
No.The owner of the TEMPUR-PEDIC bedding brand (“Plaintiff”) has sued a number of defendants, including a former retailer as well as the owner of the THERAPEDIC bedding brand. Through that lawsuit, Plaintiff seeks to enjoin sales of the THERAPEDIC bedding.To…
Are Fees Recoverable Automatically When You Make a “Good” Offer of Judgement?
Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.After what appears to have been 3+ years of contentious…
Are “Nationwide” Sales on Amazon Sufficient to Show Injury in M.D.Fla. for Venue Purposes?
Yes.Thursday, LLC and Klhip, Inc. are both retailers that use Amazon to sell nail clippers online. Klhip filed a number of claims with Amazon about Thursday. In response, Amazon would take Thursday down and investigate. Each time, Klhip’s allegations have…
Is it a good idea to ignore the Court’s orders?
No.Taser International, Inc. sued Phazzer Electronics, Inc. for patent infringement. The discovery history appears tortured. Taser pursued a number of motions to compel discovery responses. Phazzer produced some documents (and apparently no emails), but the documents conflicted with representations Phazzer…
Request for 2 Day Extension To Oppose Summary Judgment Motion?
Denied. Ouch.Commodores Entertainment Corporation has sued Thomas McClary, a former Commodores band member, for various trademark claims. Commodores sought summary judgment. Procedurally, McClary’s attorney requested a first extension of 8 days for McClary to respond to the dispositive summary judgment…
Want To Pursue Attorneys Fees After Invalidating A Patent in Front of the Patent Trial and Appeal Board?
Not so fast. If the case is moot because all of the claims have been extinguished, you may have foregone your ability to pursue discovery to support your claim for attorneys fees in federal court.MD Security Solutions, LLC sued Protection…
They’re Alive! Breathing Life Back Into Our Patent System?
I wrote an article last year in The Tampa Tribune entitled “The Death of American Innovation?” discussing the impact of the America Invents Act (passed in 2011) on the validity and enforceability of patents in our country. One of…
Florida’s Patent Troll Act
Last year, Florida (like a few other states) passed a “Patent Troll Prevention Act.” Fla. Stat. 501.991 et seq. The act sought to discourage “bad faith” assertion of patent rights in Florida. The Legislature described its goal:
Patents encourage research,…
Uber in Gainesville? Not So Fast…
This will be my first post on a case from outside the Middle District of Florida, but instead comes from the Northern District. I’ll let the Judge provide the intro:
You live in Gainesville and need to book a party
…