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What is a Trademark?

Posted on June 1, 2021

A brand identifier can be a name, a logo, a slogan, etc. The Nike “swoosh” and the Starbucks’ woman are both identifiers which identify those brands. Trademarks protect brand identifiers. Trademarks ensure that no one else can use your brand identifier. This helps prevent third-party brand tarnishment, confusion, or dilution, which...

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Relying On Representations Of Others Who Go Back On Their Word

Posted on May 13, 2021

Florida property owners often have to receive approval from associations and/or government agencies for changes to their property ranging from landscaping to major construction projects. What is a property owner to do when the association or agency giving the approval changes their position and revokes the initial approval? The answer...

The Importance of The Fifth Amendment

Posted on May 3, 2021

Protection for the individual citizen against State Power was a core consideration of the Founding Fathers. Many people don’t realize it, but half the amendments of the Bill of Rights focus on protections for criminal defendants—it’s like a miniature code of criminal procedure. The 5th

Motions to Dismiss in the Criminal Context

Posted on April 12, 2021

The two core principles of American criminal jurisprudence—proof beyond a reasonable doubt, and the burden of proof belonging to the accuser—have allowed countless of the wrongly accused to prevail at trial. But pursuing a case all the way to trial can be daunting, expensive and time-consuming. How can a defendant go on...

Protecting Yourself From Contractor Nonpayment in Florida

Posted on April 5, 2021

If you’re a Florida property owner preparing for a major construction or renovation project, there’s a crucial issue you can’t afford to overlook: What happens if your contractor doesn’t pay subcontractors, laborers, or suppliers? Unfortunately, under Florida law, you could still be held responsible for amounts owed to these...

A Special Announcement!

Posted on March 30, 2021

Boatman Ricci is pleased to announce the opening of its Tallahassee office! Boatman Ricci is a full service law firm that provides skilled legal services to a broad range of clients across the state of Florida. Though Boatman Ricci originally built its reputation as a premier civil litigation firm in Florida, the...

Intellectual Property Basics

Posted on March 19, 2021

“Intellectual property” covers a wide array of different protections for intangible property. These different protections are based upon which type of intangible intellectual property you seek to protect. Intellectual property can be divided into three main areas: patents, copyrights, and trademarks. On the margins, some people also group trade secrets and the rights of privacy/publicity into

5 BASIC QUESTIONS ABOUT COPYRIGHT LAW, ANSWERED

Posted on September 10, 2020

What is a copyright? A copyright is a form of protection granted by the United States federal government which applies to an original work of authorship fixed in a tangible medium of expression. 17 USC 102(a). For something to be protected by...

RECOVERING ATTORNEY’S FEES IN A LAWSUIT

Posted on August 20, 2020

Lawsuits are expensive. They can get even more expensive when one party is required to pay the attorney’s fees for the other side. The general rule, also called the “American rule,” is that each party pays their own attorney’s fees and costs regardless of which party wins. This “American rule” allows for...

CONTRACTORS BEWARE: PUBLIC ADJUSTING WITHOUT A LICENSE

Posted on July 13, 2020

Contractors, including disaster clean-up companies, are often the first people called to the scene when a major property damage event occurs. Some contractors are very experienced in handling repairs or restoration work which is related to an insurance claim. However, within the context of handling repairs that are the subject of an...