The Lomnitzer Law Firm, P.A.

20 May 2024

The Rules for Including Copyrighted Material on YouTube for Commentary and Informational Purposes

Federal law dominates the world of copyright rules, including those pertaining to the use of copyrighted material in YouTube videos claiming “fair use.” States may enact statutes addressing niche issues (e.g., Florida’s Chapter 119 § 084, regulating government copyrights for...

Business Patent Law Patent Litigation

20 May 2024

My Business is Being Sued for Patent Infringement – What Should I Do?

Obtaining legal representation should be your first priority after receiving a cease-and-desist letter from a patent-owner, or notice that an individual or organization has instituted a civil action against you for patent infringement pursuant to 35 U.S. Code § 271....

Business Intellectual Property

17 Apr 2024

How Do I Protect My Company’s Trade Secrets?

A trade secret refers to any information your company owns that has economic value, is not known by the public, and has been reasonably protected from being released to the masses. If this data were to become known, it could...

Business Trademark Law

17 Apr 2024

How Successful Should My Business Be Before Registering a Trademark?

The question, “How successful should my business be before registering a trademark?” reveals an issue that intellectual property lawyers face often. Trademark protection is something many business owners do not think about until they have been operating for some time....

3 Apr 2024

Who Owns My OnlyFans Content: Myself or the Website?

For many OnlyFans creators, the content posted to the subscription service platform is a primary or sole source of income. Like any other creation or work product, OnlyFans content can be left open to theft by nefarious parties despite the...

Patent Law

3 Apr 2024

What Type of Patent Do I Register My Invention As?

If you a create a product or any type of invention, you need to make sure you have adequate legal protections in place. Even in the early stages of bringing your idea to fruition, you must start the patent process...

Trademark Law Trademark Litigation

20 Feb 2024

What is the Lanham Act on Unfair Competition?

Outperforming the competition has always been the goal of American businesses, but using unfair tactics to infringe on and harm your competitor is prohibited. Much of this is spelled out in the Lanham Act, which was signed into law by...

Patent Law Patent Litigation

20 Feb 2024

What is a Patent Claim Construction?

A patent claim construction is the foundation for any infringement case, and if you do not eloquently explain what you are trying to protect, that foundation will crumble. You might not prevail in the infringement analysis because there can be...

General News Trademark Law Trademark Litigation

19 Jan 2024

U.S. Court of Appeals Addresses Contributory Trademark Infringement

The prohibitions around trademark infringement, and the penalties for these violations, are codified in the federal trademark statute known as the Lanham Act. This Act also prohibits an individual or entity from providing products to a third party if they...

Contracts Entertainment Law General News

19 Jan 2024

Hollywood Strikes Conclude as Writers’ and Actors’ Unions Secure New Contracts

In the fall of 2023, the widely publicized writers’ and actors’ union strikes that halted the film and television industry for much of the year finally ended. The Writers Guild of America (WGA) strike, which represented 11,500 screenwriters, was the...

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