Category Archives: Intellectual Property

Assouline & Berlowe is a Proud Member of Nextlaw, the Largest Worldwide Network of Attorneys – Now Ranked by Chambers

Chambers Approved (00261036xA4579)

MIAMI, Florida – March 15, 2019. Assouline & Berlowe, P.A. is pleased to announce that Nextlaw Referral Network (NRN) has been recognized as a Leading Global Legal Referral Network by Chambers & Partners in the Chambers 2019 guide. Assouline & Berlowe, P.A. has been a member of Nextlaw Network since September 2016.

Nextlaw Network has achieved this milestone faster than any network in history, having been founded in October 2016 by Dentons, the world’s largest law firm. The Network grew to be the largest in under one year and is now three-times larger than the second largest network in the world.

“We are proud to be the champion of the small to medium-size law firms,” said Nextlaw Network CEO Jeff Modisett. “Until now, medium-sized law firms were excluded from most networks because of high annual fees and the exclusive, territorial and monopolistic nature of the traditional network business model. Our Network welcomes all top law firms in the world, focusing on quality, not size.”

Assouline & Berlowe, P.A. Managing Partner Eric N. Assouline, Esq. said, “Membership in the Nextlaw Referral Network provides us with unprecedented global reach, including leading capabilities in 205 countries. We have access to top lawyers in any practice, industry or sector, anywhere in the world, enabling us to provide our clients with the best local and global services possible. The Nextlaw Referral Network makes us truly ‘in and of the community.’”

Chambers is an independent legal directory that conducts in-depth interviews, reviews submissions from law firms and collects feedback from clients to identify and rank the most outstanding legal referral networks, law firms and lawyers.

Nextlaw Network has more members and covers more countries than any other single legal referral network in the world. Members conduct more than 2,000 searches per month on the network’s advanced proprietary platform, which is seamlessly linked with its sister network, the Nextlaw Public Affairs Network. More than 70 percent of NRN members are Chambers ranked.

The Network also serves as a strategic platform by distributing cutting-edge legal technology at discounts to members, working with another sister company, Nextlaw Labs. Nextlaw Labs curates the best technology in the profession. The Network also promotes thought-leadership in emerging, disruptive technologies, such as AI and Blockchain.

Nextlaw Network is one of the only referral networks that offers inter-disciplinary functionality. In today’s complex global environment, clients often need access to professionals who understand the regulatory, business and economic cultures everywhere they do business, which means integrating legal and public affairs representation.

The Network provides no jurisdictional exclusivity, due to its guiding principle to offer clients the best lawyers in any practice, sector, anywhere in the world.
Assouline & Berlowe, P.A. is a South Florida Business Law Firm, formed in 2003, with offices in Miami, Ft. Lauderdale, and Boca Raton. Assouline & Berlowe, P.A. concentrates its practice in the areas of: Intellectual Property Law and Litigation; International and Domestic Dispute Resolution, including litigation, arbitration, and appeals; Real Estate and Corporate Law and Litigation; Labor & Employment Law; Trusts, Estates & Probate Administration and Litigation; and Creditors’ Rights and Bankruptcy.
About Nextlaw Referral Network
Nextlaw Referral Network is the broadest and most sophisticated legal referral platform in the world. Introduced in October of 2016, it already includes nearly 670-member firms, over 25,000 lawyers covering all of the world’s major jurisdictions in more than 205 countries. In addition, working closely with its sister company, Nextlaw Labs, the platform will also introduce new technologies, products and services to its members. The platform also includes Nextlaw Global Public Affairs Network, the first of its kind network that includes more than 50 of the world’s top public affairs and public relations firms.

ASSOULINE & BERLOWE

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

Telephone: 305-567-5576

http://www.assoulineberlowe.com

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law, Trust & Estates, Probate and Guardianship

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Filed under Appeals, Arbitration, Awards, Bankruptcy, BK, Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, labor and employment law, Litigation, Patent Prosecution, private equity, Real Estate, trademark, Trusts & Estates, Uncategorized

ALL RISE – This Moot Court Is Now In Session

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Assouline & Berlowe has a long history of supporting both the legal and non-legal community in South Florida.  From its inception, the Firm has been involved in numerous charitable events and community endeavors.

As part of its support for the local legal community and the South Florida Law Schools, the Firm supports St. Thomas University’s School of Law Moot Court Room, where oral argument by the Florida’s Third District Court of Appeals is often held.

We as a Firm give thanks to the hard work of the local law schools’ professors and staff, which has allowed the legal community to thrive and produce high quality lawyers and judges.

Thank you.

Eric N. Assouline, Esq.

Managing Partner

@assoulineberlowe

 

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Filed under Appeals, Arbitration, Awards, Bankruptcy, BK, Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, labor and employment law, law school, Litigation, Patent Prosecution, St. Thomas University, trademark, Trusts & Estates, Uncategorized

SCOTUS: Register Your Copyrights to Sue

 

Artists across the United States that wanted to sue to protect their mental expressions (copyrights) have had to figure out if a copyright registration was required to file a lawsuit, or if simply applying forregistration was enough.   In the Eleventh Circuit, which includes Florida, a plaintiff is required to secure a copyright registration from the U.S. Copyright Office before filing a copyright lawsuit.

On March 4, 2019, in a long-awaited decision, Justice Ginsberg delivered the unanimous opinion of the Supreme Court of the United States (SCOTUS) in Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, et al, No. 17-571, 586 U.S. ____ (March 4, 2019).    The question before the Court was whether registration is secured under Title 17 of the Copyright code by simply filing the application, depositing the copies of the work, and required fee, or if registration occurs once the Copyright Office reviews and registers the copyright.  SCOTUS agreed with the Eleventh Circuit and affirmed that “registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.”  SCOTUS also held that a copyright owner can recover damages for infringement that occurred both before and after registration.

The Fourth Estate decision notes the increased time by the Copyright Office in progressing copyright applications.  Registration processing times have steadily increased from 1-2 weeks in 1956 to numerous months today.  Depending on the type of work, it may take a year.  While the delays are largely attributable to staffing and budgetary shortages that Congress could resolve, it is not within the purview of the courts to cure.

While the average pendency of a copyright application has increased significantly, there is an option to secure a copyright registration faster.  When filing a copyright application, the applicant can select to file the application on an expedited basis.  This often results in the Copyright Office, if appropriate, registering the copyright within 1-2 weeks.  One of the reasons to apply on an expedited basis is the representation that litigation is forthcoming.  However, the filing fees for applying on an expedited basis is over 10 times the normal filing fees, which can be quite costly.

Instead of dealing with expedited filing fees, it is in the interest of copyright holders to apply for protection as early as possible.  If the claimant applies for copyright protection within 90 days from publication, the claimant preserves their ability to seek statutory damages and attorneys’ fees in the event of infringement.  It is important that copyright holders routinely speak with an Intellectual Property attorney to review their portfolio and decide the best ways to protect their mental creations.

For any questions about copyrights, trademarks, or patents, contact Greg Popowitz.

Greg M. Popowitz, Esq.

Registered Patent Attorney

AV Rated by Martindale-Hubbell

Intellectual Property Litigation

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

Email: GMP@assoulineberlowe.com

http://www.assoulineberlowe.com/

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Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law, Trust & Estates, Probate and Guardianship

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Assouline & Berlowe’s Litigation Department Selected as Top 19 of 116 for Miami

Assouline & Berlowe is pleased to announce that Expertise has selected Assouline & Berlowe’s attorneys as the top 16 law firm for litigation, out of 119 selected.

Expertise published on its website that it based its results on the following criteria when choosing its top 19 selections:

  • Reputation: A history of satisfied customers giving excellent recommendations
  • Credibility: Established in their industry with licensing, accreditations, and awards
  • Experience: Masters of their craft, based on years of practical experience and education
  • Engagement: Approachable and responsive to clients and available for new business
  • Professionalism: Dedicated to providing consistent quality work and impeccable customer service

The Expertise website also stated the following information:

The selection process is performed annually across business categories and geographies. Minor updates may be made throughout the course of the calendar year.

Hand-Picking the Best

Our team conducts a manual review to verify the accuracy of the selections. We then write unique and detailed business descriptions for each hand-picked businesses.

Coming off the heels of already winning the Daily Business Review’s Litigation Department of the Year for Real Estate and Other Litigation (for Small Firms of 69 attorneys or less), the firm management is humbled by this award.

 

ERIC N. ASSOULINE, ESQ.

PLEASE NOTE OUR NEW MIAMI ADDRESS

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

 Intellectual Property, Labor & Employment Law,  Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami · Ft. Lauderdale · Boca Raton

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Filed under Awards, Business Litigation, commercial litigation, IP Litigation, Litigation, Uncategorized

Copyright Law – Supreme Court to Address Recoverable Costs

The Supreme Court of the United States has granted a petition for certiorari in the case styled as Rimini Street, Inc. v. Oracle USA Inc. in order to address split between the circuits as to the types of “costs” that may be recovered under the Copyright Act. 

As framed by the briefs in the case, Question Presented by the petitioner is: Whether the Copyright Act’s allowance of “full costs,” 17 U.S.C. § 505, to a prevailing party, is limited to taxable costs under 28 U.S.C. §§ 1920 and 1821, as the U.S. Courts of Appeals for the 8th and 11th Circuits, have held, or whether the Act also authorizes non-taxable costs, as the U.S. Court of Appeals for the 9th Circuit held.

Currently, there are three (out of twelve) federal circuit courts of appeal which allow certain costs to be recovered.  Those circuits are the First, the Sixth, and the Ninth.  The federal circuit courts of appeal that do not allow recovery of these costs are the eighth and the eleventh (which controls all cases filed in Florida). 

The result of this decision may change the law in the Eleventh Circuit, as to what costs are recoverable under the Copyright Act.

 

ERIC N. ASSOULINE, ESQ.

PLEASE NOTE OUR NEW MIAMI ADDRESS

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

 Intellectual Property, Labor & Employment Law,  Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami · Ft. Lauderdale · Boca Raton

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Filed under Copyright, Intellectual Property, IP Litigation, Uncategorized

SCOTUS ALERT: Trademarks and Bankruptcy

On Friday, the United States Supreme Court (SCOTUS) granted a petition for certiorari in the case called Mission Product v. Tempnology, in order to hear a case involving trademark law and bankruptcy law.  The issue that is to be heard relates to what happens to a trademark license when the owner of the brand files for bankruptcy.

Currently, the different Circuit Courts of Appeal are not all in agreement as to what should happen.  In certain particular Circuit Courts of Appeal, the licensor that files bankruptcy can use a particular bankruptcy code provision, identified as Section 363 under the Bankruptcy Code, in order to cancel the right of a licensee to use the bankrupt company’s trademark.  However, in certain other Circuit Court’s of Appeal, the courts have been allowing the trademark licensee the right to continue using the bankrupt’s trademark.

The issue is as much a question of trademark law as it is bankruptcy law.  Under the Bankruptcy Code, the law allows a bankrupt the right to accept or reject a contract, wherein both sides still have obligations.  This is known as an executory contract.  However, Section 363 contains an exemption for certain forms of intellectual property, but it currently does not include trademarks.

The two most well-recognized opinions where the courts’ position diverge is the Seventh Circuit and the First Circuit, which is where the Mission Product case is pending.  In essence, the Mission Product appellate court has held that courts should not impose upon a bankrupt the obligation to continue to monitor how its trademark was being used, which goes to the essence and policy of bankruptcy law.

Never a dull moment in intellectual property and bankruptcy law.

 

ERIC N. ASSOULINE, ESQ.

PLEASE NOTE OUR NEW MIAMI ADDRESS

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

 Intellectual Property, Labor & Employment Law,  Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami · Ft. Lauderdale · Boca Raton

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15 Years Later – the Hard Work Starts to Pay Off – Litigation Department of the Year

Winner of Daily Business Review's Litigation Department of the Year for Small Firms in the Section of Real Estate and Other Litigation

Litigation Partners Peter E. Berlowe and Eric N. Assouline at the 2018 DBR Awards Ceremony

Before starting the firm in 2003, both Peter Berlowe and Eric Assouline worked as associate attorneys at the Weil, Gotshal & Manges LLP law firm.  Hanging in the office of the Head of the Litigation Department was a framed plaque that read “Defense Verdict of the Year.”  This plaque commemorated the awesome accomplishment of the senior partner’s efforts, and it was recognized by the American Law Journal.  Eric Assouline used to look at this plaque in awe and wonder if he could ever achieve the heights of his mentor.

In its 15th year, Assouline & Berlowe has grown into a recognized and well regarded presence in the South Florida legal community.  Assouline & Berlowe works with businesses and individuals on a wide array of legal issues, ranging from real estate, business litigation, intellectual property, employment, and trusts, estates and probate matters.

On May 30, 2018, Assouline & Berlowe was recognized by the Daily Business Review for the tireless hard work and effort of its attorneys, when the firm was awarded Litigation Department of the Year, for Small Firms, in the areas of Real Estate and Other Litigation.

The award came as a surprise to the management of the firm, not because they did not think that they had anything short of an excellent litigation department.  Instead, it was because the litigation department of Assouline & Berlowe only consists of 7 attorneys, and the firm, as a whole only has 12 attorneys.  The Small Firm category of the DBR award was open to all firms of 69 attorneys or less.  Firm management thought that there must be dozens of other firms that had many celebrated successes worthy of trying to win this award.  Nonetheless, again, the tireless effort of the firm management did as it always does, all that could be done to try to win.

Now, the hard work for the last 15 years, is starting to pay off.

Eric N. Assouline, Esq.

 

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

Email: ENA@assoulineberlowe.com 

http://www.assoulineberlowe.com/

Intellectual PropertyLabor & EmploymentCreditors’ Rights & BankruptcyBusiness LitigationCorporate & FinanceReal EstateInternational Law

 

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