Businesses commonly ask the question: “Can we trademark our slogan.” In many cases, the answer is a resounding YES! A trademark attorney can help your business protect your slogan if the slogan is used in a manner that identifies and distinguishes the goods or services of your business from the goods or services of your competitors. The slogan cannot be generic because generic phrases are not […]
Car Accidents are tragic events that alter the lives of not just the physically injured, but also the families. It is particularly tragic to read about personal injury car accidents that occur at or around the holiday season. Unfortunately, nobody is immune to personal injury car accidents. This holiday tragedy struck former Florida State football coach Bobby Bowden and his family. Bobby Bowden lost his grandson just after […]
In Casteel v. Maddalena, the Court of Appeal for the Second District examines whether a witness that provides unexpected false testimony to a personal injury attorney during trial can be used to obtain relief from the judgment based on newly discovered evidence and/or fraud.[fusion_builder_container hundred_percent="yes" overflow="visible"][fusion_builder_row][fusion_builder_column type="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none"][1] In the instant case, John Casteel was riding his motorcycle. It is not in dispute that he pulled up to a stop sign on the right side of a four lane roadway, separated by a median. Casteel claims that he crossed halfway across the four lane highway and stopped on the median and put his foot on the ground to steady his motorcycle while he waited for the traffic to clear from the traffic flowing in the opposite direction. It was during this time that Casteel alleges Anna Maddalena struck Casteel with her vehicle. Maddalena disputes this account, and instead indicates that Casteel was still crossing the road when she hit him. Maddalena further testified to a personal injury attorney that she was within her lane when she hit Casteel. Based on their testimony, a jury in the personal injury litigation placed Casteel 55% liable for the accident, while Maddalena was found to be 45% liable. A major portion of dispute argued by the personal injury attorneys was the exact location of the accident. Casteel’s girlfriend, Melanie Lopez, surprised the court when she testified to the personal injury attorney that she viewed skid marks at the scene. Lopez’s testimony was a surprise to Maddalena because Lopez claimed that the roadway had been paved the day before. This testimony [...]
In the past month, Duck Commander has gone duck wild! Most are familiar with the dispute between A&E and Duck Commander. However, there is a more interesting trademark dispute proceeding before the United States District Court Northern District of California. In particular Duckhorn Wine Company, through their trademark attorneys, accused Duck Commander and Sutter Home Winery of treading upon Duckhorn’s trademark rights. In response to Duckhorn’s cease and desist letter, the trademark attorneys for Duck Commander filed a […]
In Shirey, v. State Farm, the Fourth District Court of Appeal of Florida received the case on remand from the Supreme Court of Florida as a result of a reversal of precedent that established a presumption of negligence on the part of the rear driver in a rear-end collision.[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][1] In this case the majority reversed the final summary judgment in light of […]
