Posts Tagged :

litigation

emotional distress
720 477 Cynthia Conlin

I want to sue for Emotional Distress! Can I?

Doesn’t everyone? ???? OK, maybe not everyone wants to sue for emotional distress. But a common query attorneys hear is, “How can I recover for all the emotional stress I’ve endured?” A few different theories of liability allow for damages related to mental anguish. However, a cause of action also exists called “intentional infliction of…

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notice of defamation cease and desist notice demand letter
800 600 Cynthia Conlin

Is a notice of defamation required before suing a blog?

FLORIDA HAS a particular law that pertains to serving notice, like sending a demand letter, or cease and desist letter, prior to filing a lawsuit for defamation. However, written notice of defamation is only required in certain circumstances. The question of whether such notice is necessary is not always so easy to answer, as the statute lacks specificity.…

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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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