Category Archives: Fair Use
Franchise Litigation and Florida’s “Little FTC Act”
While we have discussed the basics of franchise law in a prior post, it is important to talk about some of the common issues that cause franchise litigation. Understanding some of these concepts may be the key to prevention of costly litigation or a source of information for pending litigation. In the event that… Read More »
When You Need Another Person’s Trademark: Fair Use in Trademark Law
Modern companies understand the importance of protecting their brand and reputation, and as such are often quick to dispatch a cease and desist letter as soon as they spot even a hint of potential trademark infringement. Consequently, many people are often hesitant to use someone else’s trademark, preferring to avoid the hassle of dealing… Read More »
Florida Supreme Court Gives School the Right to Enforce Its Trademark
Who gets to sue someone when an injury occurs? This seemingly simple question has actually given rise to a fairly complex area of the law known as standing. Fundamentally, the standing doctrine is designed to make sure that the people suing for an injury are actually the people who were harmed. For instance, courts… Read More »
Understanding Fair Use in Copyright Law
One of the most commonly discussed pieces of copyright law is the doctrine of fair use. It is also one of the most complex pieces. This doctrine acts as a powerful limitation on the rights of copyright holders because it undercuts their monopoly on their works. Ordinarily, only a person who holds a copyright… Read More »