February 20, 2017

Schools and Apparel Trademarks – Powerpoint and CLE Number

Thanks again to Stephen Luther for his excellent presentation at the January IP Committee meeting titled “A Failing Grade:  Schools and Apparel Trademarks.”  His powerpoint presentation is attached.

The CLE number for those who attended is 1701387N and the certificate is attached here Crs certificate – IP Committee


February 6, 2017

Save the Date – 8th Annual IP Symposium – March 30-31, 2017

The Eighth Annual Intellectual Property Symposium will be held on March 30-31, 2017 at the Sonesta Hotel in Fort Lauderdale.  The planning efforts are being led Jacqueline Tadros, IP Symposium Chair.

The bar has secured $210 /night rate for the Sonesta.  Here is a link to the property.  https://www.sonesta.com/us/florida/fort-lauderdale/sonesta-fort-lauderdale-beach

The event will kick off with the IP Committee Meeting on Thursday, March 30th, tentatively set to commence at 2:00 p.m., followed by a panel discussion on preparing for the IP Board Certification Exam (note:  this is not a review course, but instead a discussion regarding the certification process and the exam) tentatively set to start at 3:00 p.m. – 5:00.  Happy hour and dinner follow on Thursday, followed by a full day of CLE and speakers on Friday, March 31.  Watch for the flyer coming soon from the Florida Bar, including an official schedule.

Thinking of Becoming Board Certified in IP? Review a summary of the requirements  and  learn more about Intellectual Property Law Certification in general:



See you in March!

January 31, 2017

Oral Argument in Flo & Eddy case scheduled for 4/6/2017

9 a.m., Thursday, April 6, 2017, for those interested.

Oral arguments can be viewed online via www.flcourts.org.

Thanks to Rob McNeely and our friends at EASL for sharing this news.


The Eleventh Circuit certified the following questions for the Florida Supreme Court:


1. Whether Florida recognizes common law copyright in sound recordings and, if so, whether that copyright includes the exclusive right of reproduction and/or the exclusive right of public performance?
2. To the extent that Florida recognizes common law copyright in sound recordings, whether the sale and distribution of phonorecords to the public or the public performance thereof constitutes a “publication” for the purpose of divesting the common law copyright protections in sound recordings embedded in the phonorecord and, if so whether the divestment terminates either or both of the exclusive right of public performance and the exclusive right of reproduction?
3. To the extent that Florida recognizes a common law copyright including a right of exclusive reproduction in sound recordings, whether Sirius’s back-up or buffer copies infringe Flo & Eddie’s common law copyright exclusive right of reproduction?
4. To the extent that Florida does not recognize a common law copyright in sound recordings, or to the extent that such a copyright was terminated by publication, whether Flo & Eddie nevertheless has a cause of action for common law unfair competition / misappropriation, common law conversion, or statutory civil theft under FLA. STAT. § 772.11 and FLA. STAT. § 812.014?


January 26, 2017

Greetings from Kissimmee

Another excellent IP Committee Meeting.  Here are some pix:

Jon Polenberg w IP Committee

Jon Polenberg w IP Committee

Stephen Luther presenting CLE

Stephen Luther presenting CLE

January 23, 2017

IP Committee Meeting this Wednesday 1/25 — Materials Attached

Looking forward to seeing everyone this Wednesday (1/25) from 10:00 – 11:50 a.m. in the Daytona 1 & 2 Rooms at the Gaylord Palms Resort in Kissimmee.

Here are the minutes from the meeting at the Labor Day Retreat and the agenda for this Wednesday:

2017 Winter Meeting – IP Commitee Agenda

Minutes BLS Labor Day Retreat


Stephen Luther of will be giving a presentation titled “A Failing Grade: Schools and Apparel Trademark Rights” that you will not want to miss.


For those who cannot attend in person, the dial-in number is 1-888-376-5050– PIN: 8670236698


The IP Committee meeting is being held in conjunction with the Florida Bar Winter Meeting, January 25-28.   Here are links to the Florida Bar Winter Meeting page and the Winter Meeting Schedule.

We hope to see you there!