By Terri Meyers and Josh Rubens Trademarks include “any word, name, symbol, or device, or any combination thereof [used] to identify and distinguish [one’s] goods … from those manufactured or sold by others and to indicate the source of the goods.” 15 U.S.C. § 1127.  Many businesses use trademarks, such …

By Abbey Kaplan    I was awake at 4:58 this morning, the result of a brighter than usual light coming from my the alarm on the side of my bed.  Maybe it was a signal because I immediately started to compose my thoughts for this message. Regardless of where I …

By Jorge R. Delgado Among the classes of protected speech under the First Amendment, commercial speech does not rank in the highest echelons.  But businesses should not be quick to dismiss a potential constitutional challenge to governmental regulation that improperly infringes on their right to advertise, exchange information, or engage …

By Steve Silverman and Marilyn Kohn In August, Kluger Kaplan obtained a major victory for Dollar Tree against Winn Dixie.  The case dealt with numerous, complex legal issues relating to restrictive covenants, but one particularly interesting facet dealt with ascertaining the intent of the restrictive covenants incorporated into leases that …

By Alan J. Kluger It is well-settled that in Florida you can only recover attorneys fees pursuant to a statute or by agreement of the parties.  Many business disputes arise over a contract, which contains a provision awarding attorneys fees to the prevailing party.  A strategic question that often arises …