What are the Differences Between Patents, Trademarks, and Copyrights?

Trademarks, copyrights, and patents all provide protection for intellectual property but the kinds of intellectual property they protect may be different and the protections afforded by each are different as well. A trademark is a source indicator.  This means that the purpose of a trademark is to indicate who is responsible for producing the item bearing the mark.  When a consumer recognizes a trademark, the consumer may be more or less likely to consume the product bearing the mark based upon the consumer’s perception of the mark.  Symbols, words, phrases, pictures, and other source indicators may be eligible for trademark...

Exploring the Difference Between Trademarks and Fictitious Name Registration

In Florida, fictitious name registration is governed by Florida Statutes § 865.09, also known as the “Fictitious Name Act.”  This Act requires that a person engaging in business under a fictitious name must register with the Division of Corporations of the Department of State.  The purpose of this registration is merely to give notice as to who is operating the business under the assumed name.  Registration of the fictitious name does not stake out the name as your own or even guarantee that nobody else is using the name. If you would like to protect the use of a word or phrase,...

HCT Attorney’s Trade Secret Article Published in GCAT Newsletter

As part of Hayworth, Chaney & Thomas's partnership with the GCAT, HCT attorney, Kelly G. Swartz, recently wrote an article discussing how client lists may be protected with trade secret status.  This article was recently published in the GCAT newsletter.

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