Businesses often overlook a simple but critical step in establishing a new brand for a company, product, or service: a trademark search. The first step in a trademark strategy for the adoption and protection of a new word or design mark should be the search process. Often, clients do not budget for a trademark search or ask for a scaled-down search process to save money. In today’s business environment, the value of establishing a strong […]Continue Reading
JBA Franchise, IP & Tech Law Committee Meeting
On March 27, 2018, The Jacksonville Bar Association Franchise, Intellectual Property & Technology Law Committee met for a lunch and learn. The featured speaker, Assistant Professor Amanda Reid Payne presented “2018 Lessons Learned and Cases to Watch,” a summary of IP law case updates. As the committee chair, Crystal Broughan organized the event, which included great discussions on copyright, patent, and trademark cases. Several students from Florida Coastal School of Law attended the meeting in […]Continue Reading
Avoid Naked Licensing
When business owners develop a wonderful product, often other people want to sell the product or use the trademark to develop other products. For example, a business develops a popular tasty rum and sells it under a registered trademark, YUMMY. Friends of the creator want to make rum cakes and rum sauces using the YUMMY mark. The two parties may end up negotiating a licensing agreement regarding the products and trademark. If the license agreement […]Continue Reading
Broughan Taught an Intellectual Property 101 Course on March 13, 2018
Attorney Crystal Broughan taught an Intellectual Property 101 Course at the Jim Moran Institute for Global Entrepreneurship on Tuesday, March 13, 2018. The institute is part of the Florida State University College of Business. The institute opened a Jacksonville office to provide executive level training to well-established small business owners. The goal of the class series is to help seasoned business owners think differently and more efficiently. Learn more about the Jim Moran Institute for Global […]Continue Reading
Can You Trademark Disparaging and Scandalous Words?
Two major court cases in 2017 asked the question: can the government prohibit the registration of trademarks that may be considered defamatory or offensive? In 1905, The Trademark Act forbid the registration of scandalous and immoral trademarks. Then, in 1946, section 2(a) of the Lanham Act went further, prohibiting the federal registration of marks that were immoral, scandalous, or disparaging. But while these limitations may be the law, were they constitutional? Many believed that this […]Continue Reading
Can I Use This Downloaded Image on My Blog Post?
Many people incorrectly assume that they have the right to use any image that they can find on the internet. For example, they may have done a quick Google image search to find a photo to accompany a blog post. However, those images are still covered by copyright. Even though you can easily download them from the internet, you must secure permission to lawfully use them. It is not enough to simply list the source […]Continue Reading