News & Resources

Florida’s “Stop WOKE Act” Does Not Survive First Amendment Scrutiny

If speech makes people uncomfortable, should it be restricted? Would such a restriction be a violation of First Amendment law? Florida Governor Ron DeSantis’s Individual Freedom Act (IFA), also known as the “Stop WOKE Act,” provoked these questions with its enactment in early July. Three Florida-based individuals – two employers and a consultant – joined together to request an injunction of this law, because it prevented them from holding mandatory diversity and inclusion training in […]

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How Constructive Notice of a Patent is Established

This week, we are taking a diversion from copyrights and trademarks to the world of patents. We will talk about one of the simplest and most practical measures you can take once a patent is issued for a product of your business: constructive notice.   The Importance of Patent Notices What is “notice” in the context of patents, and why does it matter? “Notice” entails making your patent rights known to infringers.  Similar to other […]

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6ix9ine Loses Trademark for His Name, Learns Importance of Responding to Lawsuits

Back in July 2022, rapper Warren Hamilton filed a Notice of Opposition before the Trademark Trial and Appeal Board (TTAB) against Daniel Hernandez, who goes by the stage name 6ix9ine. In the Opposition, Hamilton said that he had been using a similar stage name – SIX9 – since 2007, and wanted Hernandez to stop. Presumably, a traditional legal battle would follow, with both sides presenting arguments and fighting to keep the name. Except that is […]

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When “Unofficial” Does Not Excuse Copyright Infringement – Netflix Sues Over Unofficial Bridgerton Musical

If you inject the word “unofficial” into the title of a work, does that save you from copyright infringement troubles? Abigail Barlow and Emily Bear, the creators of the wildly successful Unofficial Bridgerton Musical, have been learning about this the hard way in recent months. The pair of Tik Tok musical influencers, known as Barlow and Bear, have progressed at a steady pace toward a live-action stage musical based on the hit Netflix show Bridgerton. […]

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Marlana J. Johnson Joins Marks Gray

Marlana J. Johnson of Jacksonville has joined Marks Gray as an associate attorney. Johnson focuses her practice on medical malpractice defense and other civil litigation claims. Johnson joined Marks Gray in August after practicing at two other firms in Northeast Florida for the past five years. In addition to medical malpractice cases, Johnson has litigation experience related to construction, professional liability, retail, and transportation disputes. “Marks Gray is honored to welcome Marlana to our growing […]

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Essential IP Knowledge: Trademark Classes

Have you ever wondered how businesses with similar names can legally coexist? Next time you see brands with similar marks, take note of their industry, products, and services. It is very likely that both businesses have registered trademarks – but they are registered in different categories called “classes.” The USPTO uses classes to keep the pool of viable marks from shrinking exponentially each year. Imagine if the McDonald’s fast food chain had a monopoly on […]

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