Eleventh Circuit Affirms Landlord Liability for Infringing Acts of Its Tenants

The U.S. Court of Appeals for the Eleventh Circuit, in Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, Case No. 18-10157, 2019 WL 3676340 (11th Cir. Aug. 7, 2019), recently affirmed a ruling in favor of luxury eyewear manufacturer, Luxottica Group, S.p.A., and its subsidiary, Oakley, Inc. (collectively “Luxottica”), in a trademark infringement dispute involving […]

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Supreme Court Rules Registration, Not Just Application, Required to Sue for Copyright Infringement

United States Copyright law protects authors of creative works against unwanted copying, distribution, and other acts of infringement. While registration is not required to have rights, federal courts have historically been split on whether registration is required in order to file an infringement lawsuit. However, on Monday, the Supreme Court ruled once and for all […]

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Before Responding to Discovery: Defendant Facing Claims of Misappropriation of Trade Secrets under Florida Law Should Demand that Plaintiff Identify its Trade Secrets with Reasonable Particularity

A Florida federal court recently entered an order which required certain plaintiffs to provide a particularized statement of the trade secrets allegedly misappropriated by the defendants before the defendants were obligated to respond to the plaintiffs’ written discovery in the case. See Veitch et al. v. Virgin Management USA, Inv., Case No. 5-20989-CIV-Moore/McAliley (S.D. Fla. […]

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False Advertising Claims May Be Barred by Laches

Your business has been advertising that your product “beats the competition” and has “better ingredients than the competition” for ten years. In year eleven, your competitor launches an advertising campaign targeted directly at your product and names your product directly in comparative advertisements. You cannot allow your product’s name to be smeared to your customers, […]

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Florida Bill Seeks to Protect IP Owners by De-Anonymizing Web Sites

How can owners of audio-visual intellectual property effectively fight theft or unauthorized use of their property online if they cannot identify alleged violators? Florida’s legislature is considering a bill which would require all persons who “own[] or operate[] a website or online service dealing in substantial part in the electronic dissemination of commercial recordings or […]

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