LEGO Takes Aim at Gun Company with Cease and Desist

Famous kids’ toy manufacturer Lego sent a cease and desist letter to gun company Culper Precision regarding its sale and marketing of Glock handguns.  Culper Precision offered a Glock handgun with an aftermarket kit to transform the outside of the firearm with Lego bricks (a little tidbit, the plural of Lego is not Legos).  Aside from what famous gun manufacturer Glock might have to say about its brand being used by Culper as a not so playful “Block19”, it was not a wise decision for Culper to adorn the outside of a Glock handgun with Lego bricks.  The use of the Lego bricks makes the handgun look like a child’s toy and associates a kids toy company with firearms. 

The term Lego derives from the Danish words that mean “play well”.  Lego is a Danish company.  I do not think Culper was playing well with others with this ill-conceived Lego kit.  The term Lego is a famous brand for Lego bricks commonly found in homes across the world, particularly when you are walking barefoot in your home. 

Lego likely has a claim of dilution by tarnishing under the Federal Trademark Dilution Act (FTDA) and/or the more commonly known Lanham Act.  Dilution of a brand occurs when someone uses a famous mark (brand) that blurs or tarnishes the mark.  Dilution differs from a typical trademark infringement claim as dilution does not hinge upon whether consumers would be confused.  Traditional trademark law was designed to protect consumers from confusion.  While dilution is designed to protect the famous brand from being diminished by properly identifying and distinguishing its good or services. 

The FTDA in 2006 clarified that a mark is “famous” if it is widely recognized by the general consuming public as a designation of the source of the goods or services of the mark’s owner, and it allows the court to consider all relevant factors when determining whether a mark is famous, including: (1) the duration, extent, and geographic reach of advertising and publicity of the mark; (2) the amount, volume, and geographic extent of sales of goods or services offered under the mark; (3) the extent of actual recognition of the mark; and (4) whether the mark was registered on the principal register.

Here, Lego is clearly a famous mark.  The false association of its Lego bricks on firearms would tarnish its brand and reputation for kid’s toys (including theme parks).  Culper would be best served looking at the age difficulty on the Lego box before it tries to connect Legos with firearms. 

For more information about dilution or other Intellectual Property issues, please contact Greg M. Popowitz, Esq.

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

NEW BANKRUPTCY JUDGE – Scott M. Grossman has been Appointed as a Bankruptcy Judge for the Southern District of Florida

MIAMI – Welcome to Scott M. Grossman, to the bench!  Scott M. Grossman is the first bankruptcy judge appointed to the United States Bankruptcy Court for the Southern District of Florida, Fort Lauderdale Division, since February 2006, when Judge John Olsen joined the Court.

Judge Grossman was appointed by the United States Court of Appeals for the Eleventh Circuit, which controls all the federal and bankruptcy courts in the State of Florida.  Judge Grossman was appointed as a Bankruptcy Judge for a fourteen-year term, effective today, October 2, 2019.  [Press Release to the announcement from the Chief Judge is available through this link: General Order 2019-03 re: Assignment of New Cases and Adversary Proceedings, and Reassignment of Pending Cases Upon Appointment of Bankruptcy Judge Scott M. Grossman.

Eric N. Assouline, Esq. – Commercial Litigation and Bankruptcy Litigation Partner

 

THANK YOU – To All Legal Administrators!

Thank you to all the administrative assistants at Assouline & Berlowe who help make the firm a success.  Ana Hesny has been working with the Assouline & Berlowe team for over 10 years and her hard work and dedication has been a strong part of keeping clients happy making sure that the “trains run on time”.

Every year, the Broward County Women Lawyers Association hold its Administrative Professionals Day Luncheon at the Riverside Hotel in Fort Lauderdale, Florida, and it is never missed.  At this annual event the administrative assistants of prominent lawyers and judges in the community are recognized and rewarded with gifts and celebration.

Thank you to the Broward County Women Lawyers Association for putting on this very special annual event.

Eric N. Assouline, Esq., Managing Partner, Head of Litigation.

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33133

BROWARD COUNTY BAR ASSOCIATION: Member of the Week – Eric N. Assouline, Esq.

The Broward County Bar Association Featured Assouline & Berlowe Litigation Partner as the “Member of the Week”.

Eric N. Assouline, is a co-founder of Assouline & Berlowe, P.A., a business litigation and transactional boutique law firm.  Eric credits his personal and professional success to hard work, a strong work ethic inspired by his parents, and good Jewish values.

Eric is a first-generation American.  Eric was raised in Queens, New York, by immigrant French Moroccan parents, with few resources.

Started in 2003, Assouline & Berlowe’s main practice areas are pat­ent and intellectual property law; commercial litigation and appeals; real estate; labor and employment; international law and arbitration; creditors’ rights and bankruptcy; and as of 2018 the law firm added an additional practice area – Trust, Estates, and Guardianship.  The firm has three South Florida offices, and has served as counsel of record on many complex cases outside of Florida.

Eric N. Assouline is a litigation partner in the Miami and Ft. Lauderdale offices, and the head of the business litigation practice group.  Eric’s prac­tice focuses on complex business litigation, intellectual property and real estate litigation, bankruptcy and creditors’ rights.  Eric en­joys a complicated business litigation dispute, analyzing the risks and benefits of the strategy to employ, and then implementing the plan.  Eric takes pride in taking a case from inception to conclusion for the client, which often includes trips into the appellate and bankruptcy courts.

As the business world continues its international expansion, Assouline & Berlowe guides its clients through their legal challenges.  As a French speaking attorney, Eric has been hired by many clients from France and they are always shocked at the expense involved in litigating a case in the United States.  Eric does his best to bridge his clients between differing legal environments.  With the assistance of his partner, Daniel Vielleville, who was an attorney in Venezuela before becoming an attorney in the United States, they bridge the gap with the firm’s Latin American clientele.  Corporate Partner Carl Perdue plays a similar role with corporate matters from his extensive experience with complex Middle East corporate finance.

Assouline & Berlowe’s management predicts growth in the areas of technology, real estate, intellectual property, and trust and estate issues.  “We’re more than just another boutique law firm. We take great pride in the high quality legal work that we do every day. I believe our extensive network of attorneys that refer their clients to our firm, including many referrals from former opposing counsel, is a testament to how we honor our craft,” Eric Assouline has been quoted as saying.

In the Beginning

Eric Assouline and Peter Berlowe first served together as mem­bers of the University of Miami Law Review.

After law school, they worked together in the Miami office of Weil, Gotshal & Manges, LLP, where they trained as litigators on nationally recognized cases. While there, Eric Assouline served as the court appointed receiver’s lead litigation attorney charged with recovery actions in a high-profile global Ponzi scheme.

When Assouline & Berlowe first opened its doors 0n February 10, 2003, in Coral Gables, its office was sublet from Peter Berlowe’s father.  Eric has been quoted as saying “Our first office had thick shag carpet, old fash­ioned wood paneling, and had not been renovated in decades. The furnishings were comprised of mis-­matched furniture and left over construction mate­rials that we used to build a new countertop for the receptionist area,” From those humble beginnings, Assouline & Berlowe expanded with an of­fice in Broward in July 2004, and later another office in Boca Raton in 2008.

As part of its flagship intellectual property practice, the firm has two registered patent attorneys, includ­ing Peter Koziol, who is the head of the IP Litigation Group and Greg Popowitz, who has been with the firm for over 5 years.

Ellen Leibovitch, who is board certified in the areas of labor and employment, heads the firm’s Boca Raton office.

Eric Assouline has been quoted as saying that “Through our 10 attorneys we now have several hundred years of collective business law ex­perience, much of it gained in practice at large, presti­gious law firms.”

Eric Assouline has also been quoted as saying: “As the managing partner of the firm, I need to know what everyone is doing. I have an ethical obliga­tion to protect all of the firm’s clients and to be there to pick up the pieces if anything were to happen to any particular attorney at the firm. But I do not tell attor­neys how to do their job. The attorneys at my firm are exceptionally qualified and know their craft. My job is to make it as easy as possible for them to get their work done and keep the firm’s clients satisfied.”

Eric Assouline believes that his firm has the talent and experience to compete with any firm in the area of business law.  “As it re­lates to regional boutique business firms, because we are smaller, we can offer more flexibility without com­promising on service.” Eric stresses the fact that clients regularly interact with the firm’s attorneys through multi-office video conferencing. “This not only gives us what I believe is a significant competitive edge, but it helps keep clients in close contact, which is important to our client relationships.”

Giving Back

As individual professionals and as a firm, the attorneys of Assouline & Berlowe believe in sharing and they have backed that belief from the beginning. “We’ve long been involved in giving back to the community, in time, money and energy, to support numerous worthy causes and those who are less fortunate,” Eric Assouline has been quoted as saying.

Just some examples include: a mayoral debate for Miami-Dade County; a fundraising program for the Cystic Fibrosis Founda­tion; and a charity golf tournament in Boca Raton and a Walk-a-Thon in Sunrise, both in support of the Juvenile Diabetes Research Foundation.  “In 2008, as the economy struggled, we did not feel it was appropriate to have a year-end holiday staff party. So, instead we made donations to the Joe DiMaggio Children’s Hospital in Hollywood and to the Miami Children’s Hospital,” Eric Assouline has been quoted as saying.

Eric Assouline currently serves on the board of directors of: the B’nai Brith Justice Unit; the Jewish Na­tional Fund; Hillel of Broward and Palm Beach Counties; the University of Miami Law Alumni Association; and the Florida Alumni of Arizona State University.

Eric Assouline has been a regular guest speaker at St. Thomas Univer­sity School of Law, where his wife, Iris Rogatinsky, is a law pro­fessor.  During his talks, Eric Assouline has mentored law students seeking his advice and insight on the practice of law, and he has conducted lectures on litigation and deposition skills for Pincus Professional Edu­cation. He also regularly volunteers to judge law school moot court and mock trial competitions at the University of Miami and Nova Southeastern Law School.

“I feel fortunate that I have been given this opportunity and I do my best to instill the same strong work ethic and uncompromising moral values upon my children with the help of my amazing wife.” She also worked with both Eric Assouilne him Peter Berlowe at Weil Gotshal & Manges.

Eric Assouline’s rise from humble beginnings to prominence in the legal community has colored his view of the world, the com­munity, and his firm. Eric Assouline and the attorneys of Assouline & Berlowe recognize their fortuity. Eric Assouline has been quoted as saying: “You will not hear me complain about my life. I find it very unbecoming to complain about triv­ial matters. No one is perfect and no situation is perfect forever. I like to say that I don’t look at the glass half full. I am grateful I even have a glass to drink. And as far as I am concerned, my glass always runneth over.”

Eric N. Assouline, Esq.

Business Litigation Partner

ASSOULINE & BERLOWE, P.A.

Miami Tower

100 SE 2^nd St., Suite 3105

Miami, FL 33131

Telephone: 305-567-5576

Email: ena@assoulineberlowe.com

www.assoulineberlowe.com

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

Miami · Ft. Lauderdale · Boca Raton

INTERNATIONAL ARBITRATION LLM Students’ Graduation Reception

MIAMI: Assouline & Berlowe, The Business Law Firm, is hosting the students and the 2019 graduating class of the University of Miami’s International Arbitration program.  We want to thank our good friend Professor John Rooney and Sandra Friedrich for helping coordinate this fantastic event.  If you are one of these students, please do not forget to register through the school or by clicking on the following link:  https://forms.gle/ZKnpt9HN929trYe3A

Eric N. Assouline, Esq., Assouline & Berlowe, P.A., Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131, Telephone: 305-567-5576, Email: ena@assoulineberlowe.com

 

 

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

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

“My Other Bag” is a Louis?

Isn’t the point of a parody to be funny? “Weird Al” Yanovich is well known for his music that makes fun of popular artists/music, such as  Amish Paradise, a parody of Coolio’s Gangsta’s Paradise, and Eat It, a parody of Michael Jackson’s Beat It.   Weird Al is so well known that his successful fair use defense of copyright litigation has become a leading case on musical parody.

Fast forward to Louis Vuitton (“LV”), the Paris based luxury hand bag brand company.  Consumers world wide know the LV brand and the status behind “Having a Louis”.  LV claimed copyright and trademark infringement by My Other Bag (“MOB”), a California based entity.  In a recent decision, the Second Circuit Court of Appeals affirmed summary judgment in favor of MOB.

MOB created a series of handbags where one side of the bag had a similar pattern of famous handbag company brands and the other side said “My Other Bag”.  In this case, MOB imitated LV’s interlocking L and V letters with interlocking M, O, and B letters.  Needless to say LV did not appreciate the similarity of the style and design of its famous mark.

With respect to likelihood of confusion with LV’s brands, the court noted differences between LV and MOB’s design, lack of market proximity, and lack of actual confusion.  From a dilution standpoint, the court said MOB’s bags are a parody of LV’s bags, bringing them within the fair use exclusion of trademark dilution. The critical point was that MOB was not using LV’s brands solely to increase their own sales by confusing consumers that MOB’s bags are associated with LV’s bags.  To the contrary, MOB was using LV’s well known brand and images as a parody because it was clear MOB was not trying to pass off their bags as LV produced bags.  Consumers would know they were buying a MOB bag, not a LV bag.

While a trademark owner has obligations to police their brand, trademark owners should carefully weigh all factors before bringing suit.  In this case, the parody fair use defense was strong for MOB, along with other factors.  More importantly, LV helped market MOB’s products by instituting this action and bringing more attention to the alleged infringement.  Now, “My Other Bag”, with the help of LV, has gained notoriety in the hand bag industry.  But they have a far way to go to compete with Weird Al.

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

 

 

GREG POPOWITZ – A New Law Partner, Engineering the Firm’s Success

Patent Attorney Greg Popowitz, Litigation Partner Eric Assouline, and Legal Assistants Ana Hesny and Juliana Alvarez all toast to Greg Popowitz’s promotion to Partner at Assouline & Berlowe, P.A.

Being an attorney was never in his long term plans.  Growing up in South Florida, Greg Popowitz helped his father build wood projects around the house.  He also had the opportunity to take a Manufacturing class in junior high school.  Being able to construct (and sometimes deconstruct) projects took him down a path towards engineering.   Greg loved being able to see how things work, whether it was a simple mechanical pencil or changing the rotors on an automobile’s brakes. 

With that in mind, Greg applied to the prestigious Georgia Institute of Technology, in Atlanta, Georgia (or “GT” for short).  Greg started his freshman year of college in 1998 and chose to major in mechanical engineering. 

At Georgia Tech, Greg learned about the complexities of design, manufacturing, and failure analysis, just to name a few.  He also learned how important it was to work in a team environment.  Georgia Tech’s diverse student body afforded Greg the opportunity to work with students across the country and the world.  Greg also learned how to effectively manage his time given the highly technical and aggressive curriculum.  The study skills Greg acquired at Georgia Tech would pay handsome dividends for Greg down the road in law school. 

After graduating from Georgia Tech in 2002, Greg began to work for Visteon Corporation, a former subsidiary of Ford Motor Company.  Greg worked on drive shafts in the driveline systems division, based near the Motor City, Detroit Michigan.  Greg’s first rotation at Visteon started in the plant where he worked as a product engineer on current model designs.  Greg was involved in troubleshooting both design and manufacturing issues, which included Six Sigma principles.  Greg presented his findings to high level executives at Ford Motor Company.  Greg also worked on forward model designs, where he conducted durability tests and helped launch the driveshaft for the 2005 Ford Mustang. 

During his time at Visteon, a colleague received a patent on a new driveshaft that used a “slip in tube” design.  Greg started asking questions about patents and how a patent protects new inventions.  Greg spoke to Visteon’s in-house counsel, who happened to be a registered patent attorney.  For the first time, this sparked Greg’s interest in attending law school in order to become a patent attorney. 

In 2006, Greg applied and was accepted at Nova Southeastern Law School (NSU).  Greg also took and passed the patent bar exam in order to become a registered patent agent.  Greg interned at an Intellectual Property law firm in order to learn the practical sides of patent law. 

While interning, Greg saw firsthand how important a well crafted patent is when challenged in major patent litigation.  At NSU, Greg also had the opportunity to interview both George McGovern and John Anderson, former Presidential candidates.

After graduating from NSU (cum laude) and becoming a registered patent attorney, Greg worked at a large Florida law firm handling complex mortgage related litigation.  While the work was challenging, Greg quickly learned he wanted to focus more of his practice on IP and have more direct access to help clients on the front lines. 

Then, Greg accompanied his wife, Bankruptcy Attorney Ashley Popowitz, to a lunch, where he met Ashley’s friend and colleague, Eric Assouline.  Eric and Greg, who both shared an immense love for cars, immediately hit it off.  Eric wanted to find a way that Greg could add to the already highly talented IP and commercial litigation team at Assouline & Berlowe, P.A.

In 2013, Greg was offered an associate position at the Firm.  Greg’s practice centered on two main practice areas:  patent, trademark, and other related Intellectual Property prosecution matters; and commercial and business litigation matters.  On the IP side, Greg was able to speak to clients from the initial intake to delivering a registered trademark or issued patent.  Greg has seen small businesses grow and become recognized brand names.  Greg has been able to play a small role in helping businesses and entrepreneurs protect their inventions and brands and also create assets in the form of IP.  On the litigation side, Greg has been able to help clients bring a wide array of claims and also assist clients in defending similar claims.  While each case is different, Greg has learned to assess the nature of the case and help the firm’s clients achieve their long term goals.  Greg has also been involved in a handful of appeals involving the firm’s cases, which has allowed him to work closely with Eric Assouline to assist in writing appellate briefs regarding orders and judgments involving our clients. 

In April 2018 Greg will already be with Assouline & Berlowe for five years.  Greg has learned a great deal during his limited time at Assouline & Berlowe and he is surrounded by a wealth of talented attorneys and staff geared towards helping the firm’s clients maximize their results.  

Assouline & Berlowe is honored to promote Greg Popowitz to Partner and we are all excited to see how Greg can continue to engineer his and the firm’s success for years to come. 

Keep up the Good Work Greg!

#popowitzpartner

 

Expand Your Brand

 

 So you want to apply for a federal trademark to protect your brand. How does it work?  Does it cover all use of the brand?  These are a sampling of the questions I receive from entrepreneur’s and business owners looking to protect their brands.  Securing a federal trademark is a complicated but worthwhile process.  The Intellectual Property attorneys at Assouline & Berlowe take the time to explain the process to the brand owner so they understand what to expect and how to maximize their protection.

When applying for a federal trademark, you must pick the class of goods/services that your brand covers based on your existing use, or expected use, of the brand in commerce. For example, you own and operate a retail space where apparel is sold and you want to protect the brand name of the retail space (the name of the store).  You may want to seek protection in a services based trademark class for the bran associated with the retail space.  If the apparel sold at the retail space, the products, use the same brand, you may want to seek protection in a second product based class for the applicable apparel.  You can seek federal trademark protection in multiple classes of goods/services in the same application.  Generally, the scope of your federal protection is limited to the class of good/services in your federal trademark registration. Common law rights are handled differently.

In a recently released opinion, the Eleventh Circuit Court of Appeals held that a federal trademark registrant’s services based brand had extended protection related to goods. Savannah College of Art & Design, Inc. v Sportswear, Inc., 2017 U.S. App. LEXIS 19168 (11th Cir. Oct. 3, 2017).  The Court relied on a prior trademark case that extended protection of federally registered service marks to goods, despite little rational as to the basis for the expansion.  The Sportswear case stated that a federal registered service mark does not have to register that mark for goods to “establish the unrestricted validity and scope of the service mark, or to protect against another’s allegedly infringing of that mark on goods.” Id. at *15.  The registrant still needs to show the alleged infringer’s use of its brand is creating consumer confusion as to the source or origin of the brand. Notably, the Court did not discuss the “natural zone of expansion” doctrine, which can be used be extend a trademark owner’s rights into a new product line that is a natural expansion of their prior use.

While the Sportswear case helps trademark owners for services assert their rights for related goods, the optimal method of protection is registering the brand in the class from the outset.  As a trademark applicant, you can seek registration based on your actual use of the brand in a services field, while also applying for the same brand in a goods classes based upon your bona intent to use the brand in business in the future.  A well thought out branding strategy may include preserving your rights in a field that you plan to expand into.  While the trademark cannot register until you begin use of the brand in the applicable class, you can effectively preserve your place in line for up to three years (extending use in 6 month intervals) while you are preparing to use the brand in commerce.  Utilizing a trademark attorney helps you develop a branding strategy to maximize your protection now and for the future.  Don’t forget, a trademark is an asset and can have immense value. Just ask Apple and Google, whose brands are estimated to be worth $170B and $101B by Forbes, respectively.

For any questions about patents, trademarks, and copyrights, or IP generally, please contact Greg Popowitz below.  Follow him on Twitter @InventionAtty.

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

Former U.S. Ambassador Discusses Technology & Miami as Global City

Assouline & Berlowe Partner Peter E. Berlowe had the privilege of listening to firm friend Former U.S. Ambassador to Singapore Hon. Kirk Wagar speak last week at Pipeline Workspaces. Ambassador Wagar spoke about opportunities in South and Southeast Asia and how Miami can grow in to a truly global city.  In part, Ambassador Wagar discussed how driverless vehicles and related technology will begin to have far reaching implications for worldwide employment and economics over the next five to ten years.  Ambassador Wagar reflected upon the United States as the true world power, in part because of U.S. private business’ continued respect for business formalities and intellectual properties of the other countries in which they invest.  Pictured are Peter E. Berlowe, Hon. Kirk Wagar, and WLRN V.P. of News Tom Hudson.

For more information about the speech or related issues, please contact Mr. Berlowe at:

Peter E. Berlowe, Esq.

ASSOULINE & BERLOWE, P.A.

3250 Mary Street, Suite 100

Miami, Florida 33133

Main:  (305) 567-5576

Fax: (305) 567-9343

Email: PEB@AssoulineBerlowe.com

http://www.AssoulineBerlowe.com/

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

Miami • Ft. Lauderdale • Boca Raton