News & Resources

Copyright infringement suit filed on behalf of Tito Gomez against Bahia Cigars and Tony Borharni for use of Tito Gomez’s paintings in the company’s cigar ads. 

Marco Island, Florida, American Intellectual Property Association, Mid-Winter Meeting. Leslie Lott spoke on Alternative Dispute Resolution.

By Leslie J. Lott When you strike at a king, you must kill him. Ralph Waldo Emerson (1803-1882) I. Introduction Engaging in trademark parody is a little like striking at a king. You had better be good at it, because if you attempt and fail, you are in trouble. Parody is […]

Doctrine of Equivalents and the “Flexible Bar” Restored By Ury Fischer In a much anticipated decision, the U.S. Supreme Court has vacated the ruling of the U.S. Court of Appeals for the Federal Circuit in the Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. case. The Supreme Court’s unanimous opinion […]

A Patent Split Emerges in the High Court On May 15, 2006, the Supreme Court issued its opinion in the widely followed eBay Inc v. MercExchange, L.L.C. case. (A copy of the opinion may be downloaded here.) In reversing the Federal Circuit, the Supreme Court held that a patent holder […]

Leslie J. Lott selected by peers and Florida Trend Magazine as one of the Florida Legal Elite 2004.

Copyright is accorded to original works of authorship of literature, drama, music, sculpture, computer programs, sound recordings, film, photography, and works of fine art. Copyright gives the owner the exclusive right to reproduce, distribute, sell, perform, or publicly display the copyrighted work and to prepare derivative works therefrom.

In order to obtain copyright protection, a work must be original and fixed in a tangible medium of expression. To satisfy the originality requirement, the author must have engaged in some form of intellectual endeavor, and not mere copying, and must exhibit some form of creativity. Further, in order to […]

Copyright protection begins automatically as soon as the work is created. In other words, the author need not register the work in order to achieve copyright protection. However, in order to initiate a copyright infringement suit, registration is required. To achieve maximum protection, a copyright should be registered within three […]