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Florida Intellectual Property Questions & Answers
2 Answers | Asked in Internet Law, Copyright and Intellectual Property for Florida on
Q: Is it legal to stream Spider-Man movies on a public Discord server on Spider-Man Day?

Are there legal issues with streaming movies over the internet on a public Discord server? There's a server planning to stream Spider-Man movies using Disney+ on August 1st, known as Spider-Man Day, and it's free for anyone who joins the server via an invite link. There isn't any... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

Generally speaking, no, it is not legal. Most streaming services only provide movies for home use only. Public display would not be within the "personal use" that is licensed with your subscription. Since you are dealing with Disney, I would expect them to be rather firm on this point,... View More

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2 Answers | Asked in Business Formation, Business Law, Contracts, Trademark and Intellectual Property for Florida on
Q: Can my competitor sue me for selling similar products from China without a contract or patent?

I'm starting a new business and have two options for purchasing the product I want to sell. I could buy it from a competitor, who offers a small discount and valuable industry insights, but there's no contract or non-compete agreement in place—only a trademark on the product name.... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

First and foremost, you can be sued by anybody at any time for any reason or no reason at all. I repeat this all the time to my clients. There is nothing you can do about it. However, it should be over shortly if they don't have a reason to recover.

If there is an active patent on the...
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3 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Florida on
Q: How can I trademark my business name and logo "REDFIN PRINTS" in Florida?

I am starting a business called "REDFIN PRINTS" and would like to trademark both the name and the logo, which I designed myself. Can you provide guidance on how to go about this process and what steps I need to take?

Zachary S. Al-Tabbaa
Zachary S. Al-Tabbaa
answered on Jun 24, 2025

First, have you looked to see if anyone has registered the name REDFIN PRINTS, or something similar? You mention that you want to trademark both the name and logo in Florida, so are you looking for federal registration or do you just want to protect the marks locally? If you're looking for... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Concern about patent infringement for product in production

I have a product that is in the final steps of production. I recently discovered another product that is slightly similar to my design but has not been made public. I am concerned about potential patent infringement or violation of intellectual property rights. I haven't yet conducted a patent... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 19, 2025

You need to talk to a patent attorney. If you are in a space where people normally obtain patent protection for innovative products, you may need to do so. Your patent attorney may be able to find a patent filing by your competitor -- but it is very likely that that their patent was filed within... View More

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2 Answers | Asked in Copyright, Internet Law and Intellectual Property for Florida on
Q: Can using 10-sec movie clips for a quiz game on a website cause legal issues without licenses?

I want to create a movie quiz game for a website, which will play 10-second clips from movies, and users will pick the correct answer. I'm not planning to obtain licenses for the movie clips, but I have looked into fair use. Will this approach potentially lead to legal issues?

Emmanuel Coffy
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answered on May 10, 2025

Yes, using 10-second movie clips without licenses can potentially lead to legal issues. While "fair use" considers factors such as purpose, the length of the content used, and the impact on the original work's market value, using clips commercially or for entertainment... View More

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3 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Florida on
Q: Can another company use my registered business name in Florida?

I have a company called RemarkablyGreenLLC that has been registered in Florida since September 2023. Another company started using the exact same name in 2024, but I have not been approached by them, and we seem to provide different services. I have not taken any legal action yet. Can someone use... View More

Keith Kanouse
Keith Kanouse
answered on Apr 29, 2025

When I checked on Sunbiz.org I only found one company with the name Remarkably Green, LLC. Are you the owner, Omar R. Johnson? I did a check with the U.S. Patent and Trademark Office and found the trademark "REMARKABLY GREEN ECO-PRODUCTS FOR A BETTER TOMORROW EST. 2024" that has been... View More

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2 Answers | Asked in Intellectual Property, Business Formation and Business Law for Florida on
Q: Can I name my nonprofit 'Nabby' despite existing for-profit businesses with similar names?

I'm planning to name my nonprofit organization that helps individuals with special needs enter the tech workforce as 'Nabby.' However, I know of two businesses, Nabby and Nabby's, that are in the food industry and are for-profit. These businesses are not located close to where... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 25, 2025

No, the name will be deemed too similar and will be rejected when you submit the application paperwork. You can go to the Florida Department of State website and try, and this likely will be timely confirmed with notification that you have to pick another name.

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2 Answers | Asked in Constitutional Law, Trademark, Gov & Administrative Law and Intellectual Property for Florida on
Q: Can I legally use an expired logo for a recall protest without facing legal action?

I am working on a recall election initiative under Florida Statute 100.361 against the city's mayor. We created bumper stickers with a slogan using our municipality's logo, which had a trademark that expired in 2013. The city still uses the logo and denied us permission to use it, citing... View More

Sean Goodwin
Sean Goodwin
answered on Apr 22, 2025

There are 3 types of trademark protection: federal, state, and common law.

Federal law protects your registered trademark in all 50 states.

State law protects your state-registered mark within the boundaries of that state.

Common law protects the geographic area within which...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: How to protect my SOS beacon light design despite finding a similar patent from 2010?

I have a new design for an Advanced SOS Beacon light and am interested in securing intellectual property rights. Three months ago, I checked for existing patents and found none similar to mine. However, I recently rechecked and discovered a patent claiming to have existed since 2010. How is this... View More

Emmanuel Coffy
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answered on Apr 20, 2025

The patent you discovered from 2010 might have been issued earlier but not initially indexed properly, making it less visible during your initial search.

To protect your new SOS beacon design, consider the following steps:

1. Evaluate Patentability:

Determine if your design...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: How to protect my SOS beacon light design despite finding a similar patent from 2010?

I have a new design for an Advanced SOS Beacon light and am interested in securing intellectual property rights. Three months ago, I checked for existing patents and found none similar to mine. However, I recently rechecked and discovered a patent claiming to have existed since 2010. How is this... View More

Stephen E. Zweig
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answered on Apr 20, 2025

It is pretty common to find patents and prior art that may have been previously overlooked. So this is quite possible. You can check for authenticity by looking up the patent online.

Here, the details of what this other patent teaches become very important. If there is 100% overlap with...
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2 Answers | Asked in Copyright, Contracts and Intellectual Property for Florida on
Q: How can I self-publish a book previously serialized in a magazine?

About 30 years ago, I wrote a book that was serialized in a bi-monthly magazine over six installments in one year. The magazine is still being published, and there was no formal contract—only a handshake agreement for $500 per installment. I was credited as the author and contributing editor. I... View More

Sean Goodwin
Sean Goodwin
answered on Apr 2, 2025

I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a... View More

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2 Answers | Asked in Trademark, Business Law and Intellectual Property for Florida on
Q: Trademark concern between DiTu Best Sandwiches and D'TU Pizza in same area.

I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More

David Aldrich
David Aldrich
answered on Mar 28, 2025

There is a federal trademark registration for D'TU PIZZA:

https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

What you should do will depend in part on the dates each of you began using the marks and...
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2 Answers | Asked in Contracts, Intellectual Property and Business Law for Florida on
Q: Can I use Disney in my book title as a retired executive?

I am a retired Disney executive interested in writing a book about my experience in corporate alliances. I intend to include specific anecdotes related to Disney's corporate alliances but do not plan to use any Disney logos, trademarks, or copyrighted material. I haven't consulted any... View More

Erik A. Perez
Erik A. Perez
answered on Feb 17, 2025

It truly depends on what you specifically intend on writing about. However, the major things to be weary of is anything that could potentially be considered defamatory and anything that would be a trade secret that could interfere with their business. I would be very cautious.

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Am I able to apply for a name that is already trademarked, but has been dead and abandoned for 17 years?
Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 10, 2024

If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If someone has a tattoo that is a copy of someone else's work, could they get in legal trouble for it?

How should someone who is trying to build a career online go about this?

James L. Arrasmith
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answered on Jul 26, 2024

If you have a tattoo that copies someone else's artwork, you could face legal trouble if the original artist decides to take action. Copyright laws protect original works, and tattoos are considered creative works. The artist might claim that you infringed on their copyright by copying their... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If someone has a tattoo that is a copy of someone else's work, could they get in legal trouble for it?

How should someone who is trying to build a career online go about this?

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If someone has a tattoo that is a copy of another artist's work, they could potentially face legal issues related to copyright infringement. Here are the key points to consider:

Copyright Infringement

Tattoo Artists' Liability: Tattoo artists can be sued for intellectual...
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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Is it legal to sell used soccer jerseys for England and Spanish teams ?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the search results and general legal principles regarding the resale of sports jerseys, here are the key points to consider:

Authenticity: It is legal to resell authentic, used soccer jerseys for England and Spanish teams, as long as they are genuine products that were originally...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Is the method of ‘adjusting golf scores based on abnormal weather conditions’ patenable?

USGA World Handicap System

James L. Arrasmith
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answered on Jun 22, 2024

To assess the patentability of 'adjusting golf scores based on abnormal weather conditions' as part of the USGA World Handicap System, we need to consider several factors:

1. Novelty: The idea must be new and not previously disclosed to the public.

2. Non-obviousness: It...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: how do I contact this company for a licence to one of these patents

My dream is to get Beta Hydroxy butyrate (BHB) available for everybody in the supermarket because of its unprecedented health potential. The use of BHB for increasing ketone bodies is patented. Therefore, I probably need a licence to this patent if I would like to sell such a product in the... View More

James L. Arrasmith
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answered on Jun 22, 2024

To answer your question, we need to break it down into a few steps:

1. Patent verification:

First, we need to confirm that the use of Beta-Hydroxybutyrate (BHB) for increasing ketone bodies is indeed patented. Without specific patent information, I can't verify this claim....
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1 Answer | Asked in Business Law, Copyright, Civil Rights and Intellectual Property for Florida on
Q: as a photographer can photos of people in a public space be added to my website without the permission of the person?

as a freelance photographer, do i really need someones permission to add the pictures i take in a public setting to my website? or would this not be allowed for any reason?

James L. Arrasmith
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answered on Jun 19, 2024

As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential... View More

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