November 11, 2013

Free Trademark Program on November 14, 2013 at the University of Miami School of Law

In conjunction with its annual leadership meeting in Miami, the International Trademark Association  (“INTA”) and the University of Miami Schoolo of Law, with the co-sponsorship of the Business Law Section, will be hosting a trademark program this week at the University of Miami School of Law.  The program,m which is complementary, will include a panel discussion on career paths in trademark law with current trademark attorneys. The panel will also include a discussion of current issues that trademark lawyers are facing in the social media arena.

Speakers will include:

  • Tamara Carmichael, Partner, Loeb & Loeb
  • Gavin Charlston, Associate Trademark Counsel, Google
  • Brendan Healey, Deputy General Counsel, American Media, Inc.
  • Amy Price, Associate, Akerman Senterfitt
  • Kenneth Wilton, Partner, Seyfarth Shaw LLP

The program will be from 12:30 pm to 1:50 pm at the Miami Law – Multipurpose Room, 1330 Miller Drive, Miami, FL 33146.  If you plan to attend, please RSVP to Lia Calabro at

You can download a flyer with details on the program can be found at the following link:  INTA Panel Flyer.  Your attendance at this program is appreciated and encouraged.

September 30, 2013

Florida’s Idea Statute of Frauds

Florida Statute § 501.972 serves as a statute of frauds of sorts for disputes arising out of using someone else’s idea.  While many may not have  heard of this statute before, the first Court opinion dealing with it was released from the Middle District of Florida last week.  The statute itself provides :

501. 972   Actions based upon use of a creation that is not protected under federal copyright law. 

(1) Except as provided in subsection (2), the use of an idea, procedure, process, system, method of operation, concept, principle, discovery, thought, or other creation that is not a work of authorship protected under federal copyright law does not give rise to a claim or cause of action, in law or in equity, unless the parties to the claim or cause of action have executed a writing sufficient to indicate that a contract has been made between them governing such use.

(2) Subsection (1) does not affect or limit:

(a) Any cause of action based in copyright, trademark, patent, or trade secret; or

(b) Any defense raised in connection with a cause of action described in paragraph (2).

An engineer sued BP, claiming BP had used a couple of the engineer’s ideas in trying to stop the oil leak after the Deepwater explosion.  BP sought summary judgment under this Florida Statute, arguing there was no writing signed by BP, and thus the Plaintiff had no claim.  The Court agreed, granting summary judgment to BP.

I’ve written more about it here.  The case is Kaminski v. BP Exploration & Production, Inc., Case No. 8:12-cv-826 (M.D. Fla. Sept. 24, 2013) (J. Bucklew).

July 1, 2013

Volunteers Needed for 5th Annual Symposium

Planning is underway for the Fifth Annual Intellectual Property Symposium! In 2014, the IP Committee will bring the Symposium back to Tampa, Florida. Orlando attorney Kimra Major-Morris will chair the planning committee, along with CLE Vice Chair Woody Pollack. If you are interested in serving on the planning committee, or have an idea for a CLE session, please e-mail Kimra at The first organizational meeting will be called by telephone soon, so don’t delay!

March 14, 2013

Don’t Miss Out! The IP Symposium is Next Week

The Business Law Section’s 4th Annual Intellectual Property Symposium is next week in West Palm Beach, Florida. Don’t miss out on this fantastic seminar, which includes big-name speakers from around the country, and will explore advanced IP topics that have made headlines over the past year. Not only is this a chance to get high quality CLE, but the room is generally filled with many of the best IP practitioners in the state, and the symposium is a fantastic networking opportunity.

Don’t wait until the last minute to register — register today before the event sells out! We hope to see you March 21-22, 2013 at the West Palm Beach Marriott. Register online today.

January 31, 2013

4th Annual IP Symposium Registration Now Open!

Registration for the Business Law Section’s Fourth Annual Intellectual Property Law Symposium is now open! This is the must-attend event for the Florida IP community. The Symposium Committee has put together an all-star line-up of speakers covering all facets of intellectual property law. Be sure to register early for the March 21-22, 2013 event in West Palm Beach as this event usually sells out.

The Bar has reserved a block of rooms at the conference hotel for $189/night, but space is limited, so if you need a room, call 1-800-228-9290 to book it as soon as possible. The program starts at 3 pm on Thursday, March 21 with a meeting of the IP Committee, followed by a reception and dinner at which the speaker will be William Patry, author of Patry on Copyrights, speaking on the topic of his new book, “How to Fix Copyright.” On Friday, earn 7.5 hours of advanced CLE and IP Certification credit on cutting edge trademark, copyright, patent, and cross-discipline subjects, and enjoy the keynote Lunch speech by the Honorable Jimmie V. Reyna of the Federal Circuit Court of Appeals.

The details of the event are on the registration form [.pdf]. You can also register online. On behalf of the IP Committee and the Business Law Section of the Florida Bar, we hope to see you at this fantastic event.