Tag Archives: Intellectual Property

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

Leave a comment

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

Leave a comment

Filed under Bankruptcy, Intellectual Property

The Intersection of IP and Technology

20161213_141107

Registered Patent Attorney Greg Popowitz recently filmed a CLE focused on Understanding Intellectual Property (IP) and Attorneys’ use of Technology.  Greg discussed the important distinctions between patents, trademarks, copyrights, and trade secrets, along with the key considerations when attempting to secure protection for your IP.

The second part of the course is directed at what attorneys should look out for as they use technology. Greg discusses attorneys using efiling, the need to redact sensitive information, ediscovery, social media and websites, and cloud computing (confidentiality). The CLE goes over relevant portions of the Florida Rules of Civil Procedure and Florida Rules of Judicial Administration.

To learn more about the CLE and what CLE credits are available in your state, please visit the National Academy of Continuing Legal Education (NACLE) here.  NACLE is seeking technology credit in Florida as the new technology CLE requirement starts January 1 2017.

For any questions about patents, trademarks, and copyrights, or IP generally, please contact Greg Popowitz below.

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/

LinkedIn  ||  Twitter

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

 

 

 

Leave a comment

Filed under Patent Prosecution

Protect Your Tech: Florida Bar CLE Edition

Chnm5lrWkAITLBQ

 

Earlier this month, I had the distinct pleasure to present at the Florida Bar Basic Technology CLE about how businesses, and their lawyers, can protect technology using Intellectual Property.  This was the first time a Florida Bar Basic CLE was focused on technology.  To keep the CLE interactive, the presentations included live tweeting using the #CLEHistory hashtag, interactive polls with the audience, and post presentation video outtakes.  The interactive nature of the CLE was perfect for a technology focused CLE.

My portion of the CLE focused on how technology is used protect intellectual property, with the focus on patents.  There are several options when determining how to use patent law to protect technology, from design patents to provisional and non-provisional utility patents.  There are key timetables and strategic considerations to assess when protecting your technology, both before and after the technology is finalized.

One of the interactive questions, pictured below,  I posted to the live audience was whether someone could put “patent pending” on a product as soon as a patent application was filed.  The question was posted during my presentation and the audience texted their results to get an immediate response to the question.  36% of the audience correctly chose the right answer of A – Yes.  Meaning you can put patent pending on a product as soon as you file a patent application.  However, the application must remain active, i.e. not abandoned, to continue marking the product as “patent pending.”  Notably, 44% of the audience thought patent pending depended on what type of patent application was filed.  This is not accurate as it does not matter if the patent application is design, provisional, or non-provisional.

assouline & belrlowe, interactive polling

There are many misconceptions about patent law and it is important to consult with a registered patent attorney to review your technology and plan to maximize your protection.  It was an honor to speak at the first Florida Bar Basic Technology CLE and I enjoyed the interactive nature of the CLE.  Check the Florida Bar CLE page as the Technology CLE will be available for download in the near future.

For questions about Intellectual Property matters involving Technology, contact  Greg Popowitz below.

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

http://www.assoulineberlowe.com/

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

Leave a comment

Filed under Business Litigation, commercial litigation, Copyright, Florida Bar, Intellectual Property, International Arbitration, IP Litigation, Patent Prosecution

PANAMA PAPERS – Subpoena Issued to Mossack Fonseca Regarding Daddy Yankee Assets

Miami Attorneys Issued a Subpoena to Mossack Fonseca, of the Panama Papers, regarding Daddy Yankee Assetsassouliene-vielleville-berlowe-2
4/12/16- Eric Assouline, Daniel Vielleville, and Peter Berlowe, with ASSOULINE & BERLOWE, P.A., Miami – Picture from Daily Business Review Article 4-14-2016 By AM Holt

 Keeping the whereabouts of your assets is ok, except when . . .

This is a burning question that has surfaced in light of the Panama Papers.  When is it ok to have off shore accounts?  The simple answer is when you do not owe anyone any money and after you have paid all the taxes that are due on the assets that you wish to keep secret.   See recent article by Real Estate and Corporate Law Partner David Blattner: Have the Panama Papers Taught Us Anything We Didn’t Already Know?

You cannot maintain a secret web of companies, with the intention of hiding this information from creditors to whom you owe money.  That is illegal.

You cannot transfer assets that would be subject to execution by a creditor to an off shore, or out of state company, in order to not pay debts that you owe.  That is illegal.

This is the basis of the investigation that has been opened up as to all the public figures mentioned in the Panama Papers.  Including noted celebrity Daddy Yankee.

In today’s Daily Business Review, South Florida’s prominent daily business paper, one of the headline stories regards Assouline & Berlowe, P.A.’s subpoena issued to Mossack Fonseca, the Panamanian law firm that has gained notoriety for opening off shore accounts for high profile individuals all over the world.

Through their subpoena, Assouline & Berlowe, on behalf of their clients, creditors of Daddy Yankee, are seeking financial information from Mossack Fonseca as to Daddy Yankee’s assets and financial affairs.

A link to the complete article is: http://www.dailybusinessreview.com/home/id=1202754983211/Panama-Papers-Reports-Show-Daddy-Yankee-Might-Have-a-Way-to-Pay-Millions-Owed?mcode=1202617073880&curindex=2

For more information regarding this case, please contact Daniel E. Vielleville, Peter E. Berlowe, or Eric N. Assouline.

assouliene-vielleville-berlowe-2

/12/16- Eric Assouline, Daniel Vielleville, and Peter Berlowe, with ASSOULINE & BERLOWE, P.A., Miami – Photo by Daily Business Review Photographer AM Holt 

 

Leave a comment

Filed under Business Litigation, Daddy Yankee, Mossack Fonseca, panama papers, Uncategorized

Strategic Considerations for the Bankruptcy Practitioner when Intellectual Property is Involved

20130904_093101-1Assouline & Berlowe Registered Patent Attorney Greg Popowitz will be speaking as part of a panel discussing the interplay between bankruptcy and intellectual property.  The Bankruptcy Section of the Broward Bar Association is hosting the discussion on Wednesday, January 13, 2016 from 12:00-1:30pm.  The lunch is being sponsored by the Bankruptcy Bar Association of the Southern District of Florida (BBA).

To register for the event, click here.  It will be an excellent discussion between bankruptcy attorney John Hutton, patent attorney Allen Bennett, and patent attorney Greg Popowitz.

1 CLE credit is pending.

Date: Tuesday, January 13, 2016

Time: 12:00 – 1:30pm

Location: BCBA Conference Center

Cost:   FREE BCBA Bankruptcy Section Members;

$15 BCBA Member(non-section member)

$25 Non-Member of BCBA

No Charge BCBA Judiciary; Includes Hot Lunch

For questions about Intellectual Property matters, contact  Greg Popowitz below.

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

http://www.assoulineberlowe.com/

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

 

Leave a comment

Filed under Bankruptcy, Business Litigation, commercial litigation, Corporate Law, Intellectual Property, IP Litigation, Patent Prosecution, Uncategorized

Learn How to Protect Your Clients’ Valuable Intellectual Property

Assouline & Berlowe

Assouline & Berlowe patent attorneys Peter Koziol and Greg Popowitz will be speaking at a webinar focusing on Intellectual Property for the Non-IP Attorney.  The Pincus Professional Education webinar will take place on August 06, 2015 at 3 p.m. EST

To view the full announcement and register for the event, click here.

An overview of the Intellectual Property Topics that will be discussed are highlighted below.

IP is a complicated area, even for IP attorneys. For the rest of us, the nitty gritty rules are sometimes a mystery.  Listen in on this IP for the Non-IP attorney webinar so you can understand how to best protect your client and their assets. You will learn:

Origins of Intellectual Property (IP) in the United States and Internationally

  • The USPTO is part of the U.S. Department of Commerce (Patents and Trademarks)
  • WIPO covers International IP rights
How a non-IP lawyer can identify IP to Protect their Clients and Generate Value for the Business (Emphasis on Patents)
  • Patents (patent process, patentability opinions, freedom to operate opinions; limited time)
    • Design, Utility, Plant Patents
  • Trademarks (common law, state, federal rights; rights continue with use)
    • Strategy of using intent to use application vs. actual use application
  • Copyrights, and
  • Trade Secrets
What Does IP Protection Provide?
  • IP creates value to the business (it is an asset owned by the business)
  • Protects inventions, brands, etc. of the business, which can provide a marketing and sales edge over competitors
  • Patents – generate new business opportunities since a patent gives you an exclusive right
  • Licensing and sales opportunities
  • Access to Financing
  • Leverage in Litigation (damage calculations and discovery access)
  • Leverage in Business (assets and monopoly like rights)
How to Secure International Protection
  • Work with international: IP counsel, companies and connections, and markets
  • Patent Cooperation Treaty (PCT)
  • Madrid Protocol (trademarks)
  • Industrial Designs Treaty
  • Berne Convention
General Considerations for IP
  • Coordinate with transactional and litigation counsel, insurance providers, venture capital, and tax counsel
  • Bankruptcy and creditor rights impact
  • Receiver/trustee
  • Estate planning
Common Mistakes and Misconceptions
  • Poor man’s copyright
  • Statutory Bar Date (Loss of Rights)
    • Public Use/Disclosure (trade shows, publications, offers to sell)
    • Social Media Posts
  • Non-Disclosure Agreements
  • Priority of Use

For questions about the webinar or any Intellectual Property matters, contact Peter Koziol or Greg Popowitz below.

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

http://www.assoulineberlowe.com/

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

Leave a comment

Filed under Business Litigation, Corporate Law, Intellectual Property, IP Litigation, Patent Prosecution, venture capital