Most business owners call a lawyer only after a lawsuit is filed, a contract implodes, or a regulator comes knocking. By that point, the damage is already done, and the cost of fixing it is exponentially higher than the cost of preventing it. A lawyer isn’t just someone who solves […]
A photographer holds a copyright in a picture of Miles Davis. A tattoo artist stenciled that picture onto a client’s arm and reproduced the picture as a tattoo. Can a jury really say that is not copyright infringement? Business owners ask this question more often than they realize. Usually not […]
For Florida SMBs, an unsolicited marketing text or call can turn into a six-figure lawsuit overnight. If your small or mid-sized business (SMB) uses phone calls, voicemails, or SMS text messages to reach potential or existing customers, you could be exposed to costly lawsuits under federal and Florida-specific telemarketing laws. […]
When a business or individual is experiencing financial distress, creditors often worry that assets may be moved out of reach before debts can be collected. Bankruptcy law provides tools to address this concern through the doctrine of fraudulent transfers. These laws are designed to ensure that assets are not hidden, […]
One of the most common questions trademark owners ask after discovering a potential infringement is deceptively simple: Is it too late to sue? Unlike many areas of law, trademark infringement does not come with a clean, universally applicable statute of limitations. That does not mean timing is irrelevant. To the […]
Food and beverage brands are naturally drawn to words like “Craft,” “Farmhouse,” “Reserve,” “Artisan,” or “Small Batch.” These terms signal quality, authenticity, and care. They help consumers quickly understand how a product wants to be perceived, especially in crowded markets where shelf space and attention are limited. From a marketing […]
Bankruptcy does not mean creditors are powerless. Creditors have significant rights that can protect claims, preserve collateral, and improve recovery if asserted on time. This guide highlights the typical issues creditors face and explains why acting quickly with experienced counsel is essential. Typical Issues in Bankruptcy Litigation Fraudulent Transfers• Clawback […]
Trademark infringement requires an analysis of “likelihood of confusion.” In its shorted form, the question courts ask to determine trademark infringement is whether consumers would likely be confused as to the source, sponsorship, or affiliation of goods or services bearing a particular trademark. Assessing likelihood of confusion involves a multi-factor […]
Business owners often assume a trademark is a trademark, file it locally or file it with the federal government, and the result is basically the same. In reality, the two systems operate very differently, and the type of protection you choose can affect where you can expand, how strongly you […]
When most people think of trademark infringement, they think of knockoffs like fake Rolex® watches or dubious Louis Vuitton® bags sold by street vendors. In these cases, a junior user comes along and tries to profit from the goodwill of a well-known senior user, either through outright deception or by […]