News

Latest firm news

Recognizing Decades of Service to the Firm, Clients & Co-workers.

Recognizing Decades of Service to the Firm, Clients & Co-workers.

The Firm took some time today to recognize 5 of our amazing Legal Assistants: Maritza Cabello marked 25 years, Irma Gomez and Varinia Valdes both crossed the 20 year milestone, and Denise Morales and Martha Santana celebrated their 10 year anniversaries. We are fortunate, indeed, to have such terrific teammates!

 

  

Firm Attorneys Named “Super Lawyers” and “Rising Stars” in 2018 Florida “Super Lawyers” Magazine

Firm Attorneys Named “Super Lawyers” and “Rising Stars” in 2018 Florida “Super Lawyers” Magazine

Congratulations to Firm Partners, Jennie Malloy, Peter Matos, John Cyril Malloy III, and Oliver Ruiz on being named, once again, to this year’s list of SuperLawyers, and to W. John Eagan on being named a Rising Star.  Relying on a patented process of nominations, research, peer evaluation, and final selection of less than 5% of all attorneys, this Thompson-Reuters company produces one of the more reliable attorney rankings available.

 https://digital.superlawyers.com/superlawyers/flslrs18/MobilePagedReplica.action

Copyright: Registration & Infringement Lawsuits

An original work of authorship is accorded copyright protection when the work is fixed in a tangible medium of expression (17 U.S.C. §102). However, a copyright owner cannot sue for infringement of the copyrighted work until either 1) “registration has been made” of the work to the Copyright Office, or 2) the work is refused registration by the Copyright Office and the required deposit, application, and fee have been delivered to the Copyright Office in proper form (17 U.S.C. §411).

The phrase “registration has been made” has been interpreted differently by different federal appeals courts. Some courts have ruled the phrase means that the application has been accepted and registered by the Copyright Office. Other courts have ruled the phrase means that a properly filed application for copyright has been received by the Copyright Office. These other courts find support in their interpretation from other statutes where the same phrase is understood to mean properly applying for registration. Supporters of both interpretations point to part 2) of the statute for support of their respective interpretation.

This conflict among federal appeals courts has been recognized in the highest courts, and now the Supreme Court has agreed to settle the dispute in the case, Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, et al. Does the phrase “copyright registration being made” require only a properly filed application to be received by the Copyright Office? Or does that phrase require an action to be taken by the Copyright Office—either acceptance or refusal—in response to receipt of a properly filed application? The Supreme Court will soon answer that question.

R-Rated Puppet Movie Prevails Over Sesame Street’s Claims for Trademark Infringement

The film studio (STX) behind the raunchy comedy, “The Happytime Murders,” successfully fended off a trademark infringement suit by Sesame Workshop.  Specifically, Sesame Workshop contended that the R-rated movie depicting puppets joking about drugs, sex, and guns confused the public with “Sesame Street,” tarnished the kid-friendly show’s reputation, and exploited Sesame Street’s mark and related goodwill by implying an affiliation that did not otherwise exist.  United States District Judge Vernon Broderick disagreed, however, stating that the comedy’s slogan – “No sesame.  All street” – actually proved to distinguish the film from the children’s cartoon, and further noted that the “R” rating automatically served as a differentiating characteristic.  The Happytime Murders will begin showing in theatres in August of 2018.

Patent Owners Can Recover Lost Foreign Profits

Following our previous report, the U.S. Supreme Court held in WesternGeco LLC v. ION Geophysical Corp. that WesternGeco, the patent owner, can recover lost foreign profits as a result of ION’s infringement under §271(f)(2) of the Patent Act. WesternGeco LLC v. Ion Geophysical Corp., U.S., No. 16-1011, 6/22/18.  Justice Thomas delivered the majority opinion in the 7-2 decision.

Over ION’s objection that the lost-profit damages occurred outside of the United States and the foreign conduct after ION’s infringement was necessary to give rise to the infringement, Justice Thomas wrote that awarding lost-profit damages under the circumstances was a domestic application, and therefore, consistent with the presumption against extraterritoriality that presumes federal statutes apply within the U.S.

16-1011 WesternGeco LLC v. ION Geophysical Corp. (06/22/2018)