Doing Business in Florida Blog

Changes at the USPTO for Individual Applicants and Foreign Businesses

September 9, 2019
Heidi Howard Tandy and Geoffrey Lottenberg  |  Trademark

During July 2019, the US Trademark Office (the “Trademark Office”) issued a new rule requiring disclosure of  a trademark applicant’s home address, and requiring that US attorneys file applications, responses and other pleadings for all individuals that are not US citizens or residents, and all non-US businesses.

Eleventh Circuit Affirms Landlord Liability for Infringing Acts of Its Tenants

August 20, 2019
Geoffrey Lottenberg and Caitlin Trowbridge  |  Trademark Infringement

The U.S. Court of Appeals for the Eleventh Circuit, in Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, Case No. 18-10157, 2019 WL 3676340 (11th Cir. Aug. 7, 2019), recently affirmed a ruling in favor of luxury eyewear manufacturer

Are you paying twice for your building permits and inspection fees?

August 11, 2019
Jeffrey R. Margolis  |  Government Permitting and Licensing

During the 2019 Legislative Session, HB 7103 passed and was signed into law by Governor Ron DeSantis.  HB 7103 amends Section 553.791 of the Florida Statutes by simplifying the building permit process for construction contractors and property owners.  Prior to HB 7103,

Certain Physician Non-Competes Are Now Void and Unenforceable in Florida

June 30, 2019
Marianne Curtis and Leonard K. Samuels  |  Healthcare

On June 25, 2019, Governor Ron DeSantis approved House Bill 843.  On the surface, the legislation addresses a variety of valid healthcare concerns.  However, tucked within the bill is a provision whereby the Florida Legislature amended Florida law governing restrictive covenants by invalidating certain restrictive covenants with licensed physicians. Pursuant to the legislation, an entity that employs all of the physicians who practice a certain medical specialty in one county will not be able to restrict its physicians from practicing that specialty in the same county.  If the entity entered into such a restrictive covenant with its physicians, the restrictive covenant will be void and unenforceable.

First Amendment Reigns in SCOTUS Trademark Case

June 24, 2019
Geoffrey Lottenberg  |  Trademark

Federal trademark law has long since barred applicants from seeking to register “immoral” and “scandalous” trademarks. However, on Monday, the Supreme Court issued a ruling in Iancu v. Brunetti, which struck down this bar on First Amendment grounds.

Alternative Dispute Resolution For Your Hurricane Claim

June 12, 2019
Christopher B. Choquette  |  Insurance, Hurricane Insurance Claims

It has been almost two years since Hurricane Irma hit and eight months since Hurricane Michael. While some Florida policyholders are still waiting for a decision from their insurance company, the majority of claims have either been paid or denied

Understanding Commercial Policies: Not So Easy

June 10, 2019
Michael J. Higer  |  Commercial Policy

All that glitters isn’t gold when it comes to analyzing coverage with respect to a commercial claim as distinguished from a homeowner’s claim.  By that we mean, there are many subtleties, nuances and complexities to a commercial claim which make

Why Hemp?

June 9, 2019
Colin M. Roopnarine  |  Cannabis, Hemp

Up until the 2019 legislative session, Florida operated under legislation that allowed for field studies to be conducted by Florida A&M University and the University of Florida.  While those studies are ongoing, the practical application of the Farm Bill coupled with Florida House Bill 333 (and its identical companion Senate Bill 1020) will result in the rise of hemp production in Florida . . .

SCOTUS Finally Clarifies Rights of Licensees of Bankrupt Brands

May 19, 2019
Geoffrey Lottenberg and Michael J. Niles  |  Trademark, Bankruptcy

Chapter 11 Debtor, Tempnology, LLC (“Tempnology”) is feeling the heat today, May 20, 2019, as the United States Supreme Court held that Mission Product Holdings, Inc., (“Mission”), a licensee of Tempnology’s “Coolcore” products, can continue to use Tempnology’s trademarks to sell and distribute its products in the United States.

Balancing the Need for Emergency Repairs against the Risk of Destroying Evidence

May 7, 2019
Stephanie M. Chaissan  |  Construction Litigation

What do you do when the need for emergency repairs arises when commencing or complying with Chapter 558 pre-suit requirements?  For example, say you are a residential property owner and have water coming through your roof and/or skylights, along with other roof construction defects.

Employees or Contractors? A Potential Shift in Policy & Its Consequences

April 30, 2019
Marianne Curtis and Leonard K. Samuels  |  Labor & Employment

On Monday, April 29, 2019, the Labor Department issued an “opinion letter” finding that an unidentified company, with a work force that reportedly cleans residences, are contractors—not employees.

High-Tech Start-Ups Get Relief From Latest Opportunity Zone Proposed Treasury Regulations

April 17, 2019
Mark Wisniewski  |  Opportunity Zone, Taxation

Qualified Opportunity Zones (“QOZs”) are low-income population census tracts situated in urban, suburban or rural areas that have been specifically designated as QOZs by the governors of the various states and U.S. territories in which such QOZs are situated, and certified as such by the U.S. Treasury.