| Legal News |
| The Florida Bar News - Business Law Section helps pass trademark legislation |
Individuals and companies in Florida will find it easier to protect their proprietary trademarks, thanks to a bill passed by the Florida Legislature with help from the Business Law Section.
HB 7017 was the first change to the state’s 1964 model trademark law since a substantive overhaul in 1990.
“One of the common questions I would get from legislators is, ‘Why do we need a state trademark law?’” said Michael Chesal, a Miami lawyer who spearheaded the section’s efforts. “Number one, not every company is a national company. There are local companies that may not be entitled to federal protection.
“Secondly, a state registration filing can be heard in a few weeks,” while the same process through the federal system will take at least a year.
“The main reason for the bill is to better harmonize state and federal law,” Chesal added. “There have been changes in federal law over the years that we needed to catch up with.”
“This is another example of how sections of the Bar develop credibility over the years with the legislature . . . and are able to provide technical support to enact laws that are to the benefit of both business and the people of our state,” said section Chair Mark Wolfson. “This otherwise might not get done if there weren’t lawyers out there like Michael spending their non-billable time to make these laws happen.”
Chesal said the bill “gives a little more teeth to help small businesses better protect their trademarks, their names, and their intellectual property.”
The bill streamlines the application process and provides for more direction for attorneys when they file trademark applications for clients. It also allows for an administrative hearing if an application is denied, and in the event of litigation, provides for attorneys’ fees for the prevailing party.
Fees protection is important for small businesses, Wolfson said.
“If a big corporations says, ‘I want to put that guy out of business,’ and they come in and try to litigate them out, they will have to think twice about it because there might be a lawyer out there who thinks that mom and pop business has a good case and would be willing to defend that small business,” he said.
Other changes in the law include repealing the provision on reservation of marks, reducing the renewal period of a registered mark from 10 to five years, clarifying that security interests in a mark can be created and perfected according to the Uniform Commercial Code, and revising the dilution provision to be more consistent with federal law while keeping Florida’s “likelihood of dilution” standard.
Chesal noted the legislature considered a bill in 2005 based on the Model State Trademark Bill prepared by the International Trademark Association. The section’s Intellectual Property Law Committee, which Chesal chaired, prepared a memo on how the model law didn’t account for some unique Florida issues.
This year, Chesal said the section worked with Miami attorney John Malloy III, who represented the INTA’s position, for a bill that recognized changes in federal law, the proposed model law, and distinctive Florida issues.
Revised: 04-26-2010
Read the full article here:
http://www.floridabar.org/DIVCOM/JN/JNNews01.nsf/76d28aa8f2ee03e185256aa9005d8d9a
/c10bc20a5f31234985257177005992fa?OpenDocument |
|
Naugle & Smith
Attorneys at Law
810 Margaret St
Jacksonville, FL 32204
Phone: 904.366.2703
Fax: 904.366.3704
Announcement
July 26, 2010The opening reception for the Jacksonville Women Lawyers Association (JWLA) will be held at the Blue Fish Restaurant and Oyster Bar in Avondale on September 14th, 2010. Members of the JWLA and those who join during the event are admitted at no charge. Costs are $20 for nonmember lawyers and $15 for nonmember students.
July 26, 2010 - Attorney Katherine Naulge’s work with the Jacksonville Women’s Lawyer association was mentioned in the Jacksonville Daily record. For more please visit the follow the link.
On June 10th, 2010 the Jacksonville Women Lawyers Association will host the Annual Judicial Reception from 5:30 to 7:30 pm at the Hyatt Regency Jacksonville Waterfront. For tickets please contact Tiffany Safi at tsafi@attorneyjax.com or (904)353-6555
June 1 2010 - Attorney Jonathan Smith was named a Rising Star for 2010 by Super Lawyers Magazine. Super Lawyers Magazine names attorneys in each state who recieved the highest point totals, as chosed by their peers and through independent research. Rising Stars names the state's up and coming attorneys. Super Lawyers Magazine is published in all 50 states and reaches more than 13 million readers. To find out more about Super Lawyers follow this link. (opens in a new window)
On Friday April 30, 2010 – Attorney Jonathan Smith volunteered with the Chamber of Commerce to sell ice cream at the Jacksonville World of Nations. Money raised will go to support the Downtown Council’s charities.
April 16th, 2010 - Attorney Jonathan Smith attended the Downtown Council of the Jacksonville Chamber of Commerce's all council networking event before the first home game of the Jacksonville Sharks Arena football team. Congratulations to Sharks on their victory.
March 24, 2010 - Katherine B. Schnauss Naugle volunteered for the Salvation Army's Celebrity Chef Tasting on March 11th, 2010. Local celebrities prepared favorite dishes to serve to attendees. It was a wonderful event! The proceeds collected from this event will go to fund important community projects around the Jacksonville area.
Read More>>
March 18, 2010 - On March 18th, 2010 Jonathan Smith attended The Wild Things event “New at the Zoo: March of the Penguins” in support of its membership drive. The Wild Things are a group of young professionals who support the Jacksonville Zoo and Gardens.
Read More>>
November 23, 2009 - Katherine was recently profiled in the Financial News and Daily Record in their Lawyer Snapshot. Read the article here
November 18, 2009 - The Jacksonville Women Lawyers Association is collecting laundry baskets to donate to Community Connections, a community service organization that assists children and families of Jacksonville. Community Connections will fill the baskets with items to provide a family with a Thanksgiving dinner. Baskets can be dropped off at the law office of Naugle & Smith at 810 Margaret Street or Community Connections at the Florence N. Davis Center at 325 East Duval Street. For more information contact Katherine Schnauss Naugle at 483-3830.
March 24, 2010 - Katherine B. Schnauss Naugle volunteered for the Salvation Army's Celebrity Chef Tasting on March 11th, 2010. Local celebrities prepared favorite dishes to serve to attendees. It was a wonderful event! The proceeds collected from this event will go to fund important community projects around the Jacksonville area.
Read More>>
March 18, 2010 - On March 18th, 2010 Jonathan Smith attended The Wild Things event “New at the Zoo: March of the Penguins” in support of its membership drive. The Wild Things are a group of young professionals who support the Jacksonville Zoo and Gardens.
Read More>>
November 23, 2009 - Katherine was recently profiled in the Financial News and Daily Record in their Lawyer Snapshot. Read the article here
November 18, 2009 - The Jacksonville Women Lawyers Association is collecting laundry baskets to donate to Community Connections, a community service organization that assists children and families of Jacksonville. Community Connections will fill the baskets with items to provide a family with a Thanksgiving dinner. Baskets can be dropped off at the law office of Naugle & Smith at 810 Margaret Street or Community Connections at the Florence N. Davis Center at 325 East Duval Street. For more information contact Katherine Schnauss Naugle at 483-3830.
November 1, 2009 - Katherine B. Schnauss Naugle was recognized for her service to Jacksonville Area Legal Aide as a probono attorney during the past year. Mrs. Naugle volunteers regularly to assist clients in need through the Jacksonville Area Legal Aide. Click Here for more information
August 8, 2009 - JWLA swears in new officers. The new executive board of the Jacksonville Women Lawyers Association was sworn in Thursday at the Law Office of Joseph and Marees.
Katherine Schnauss Naugle of Naugle and Smith was among the
new members sworn in as the Vice President of Professional Development.
Read More
|
