Litigation

trademark dilution
800 369 Cynthia Conlin

Wasted away again in Pensacola: The Lost ‘Shaker’ of Court (a trademark dilution case)

Florida’s First Judicial Circuit recently found it unlikely that the Sandshaker Lounge would be able to prove trademark dilution of its ‘Shaker’ mark by the ‘Shaka Bar.’ Here’s the story. Livin’ off sponge cake . . . WAY UP in the panhandle — about a six-hour drive from Orlando — one beach bar has been trying to “shake…

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Malibu Media lawsuits
1024 683 Cynthia Conlin

BitTorrent cases: Modern-day witch trials? #TBT

I started writing this blog in August 2015. At the time, we were still defending Malibu Media cases, and BitTorrent litigation, though waning (having taken a year-long break), was still topical in Florida. However, it soon became stale because, in October 1, 2015, Malibu Media filed its very last copyright infringement lawsuits in the state of Florida. So I…

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This man is sad because a default judgment was entered against him
792 527 Jeffrey Vizcaino

How can a default judgment be set aside?

Imagine a lawsuit has been filed against you (or your company). For whatever reason—whether you chose to ignore the summons, never actually received a copy, or simply mis-calendared your deadline to respond—you fail to timely file a response with the court, and the plaintiff moves for an entry of default. After that’s obtained, the plaintiff files a…

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