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Tag: intellectual-property

  • Pleading Punitive Damages in Federal Court: Must One Comply with F.S. 68.72?

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    In Florida, there’s a law that says you can’t ask for extra punishment in a lawsuit unless you have good evidence to back it up. But in federal court, it’s unclear if this law applies. Different federal courts in Florida have different opinions about it. So it can be confusing for lawyers who work in…

  • Computers Laying Down the Law: Will Judges Become Obsolete?

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    In the last 50 years, technology has drastically changed the way lawyers work. Computers replaced typewriters, and voice dictation and e-filing replaced shorthand and courier services. In the future, self-driving cars may reduce car accident cases, and electronic financial transactions may make some laws outdated. It’s possible that computers could eventually replace human judges, thanks…

  • Valuing Interest in Tenancies by the Entirety Under Craft

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    In the case of United States v. Craft, Mr. and Mrs. Craft owned property together. Mr. Craft didn’t pay his taxes, so the IRS said he owed a lot of money. To avoid the IRS taking their property, Mr. Craft gave his share to Mrs. Craft for just $1. But the IRS said this was…

  • Will Malta Become the New Ireland in International Tax Planning?

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    U.S. taxpayers have historically looked to Ireland for setting up operations in Europe due to its skilled workforce, infrastructure, and tax benefits. However, with the new U.S.-Malta income tax treaty, Malta has become a more attractive option with its low corporate income tax rate and favorable tax treatment of intellectual property. This article will discuss…

  • The Tax Benefits and Obstacles to U.S. Businesses in Transferring Foreign Intellectual Property to Foreign Affiliates

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    Multinational businesses often use different types of entities to operate and may move money and assets between them. This can be looked at closely by the IRS for tax purposes. Transferring intellectual property between different parts of a business can help lower taxes. The U.S. used to make up a bigger part of the world’s…

  • The Benefits of Tax Planning as Part of the Acquisition of an International Business

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    When a business is bought by someone else, it can be a good opportunity to make changes to how the company is taxed. This can help the new owner pay less in taxes. Tax planning is important for every business, and it’s different for each business and its owner. The main goal is to pay…

  • Qualifying for Treaty Benefits Under the Derivative Benefits Article

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    Foreign persons are generally subject to U.S. federal income tax on two types of income: passive income from the U.S. (like interest and dividends) and income connected to a U.S. business. Most income tax treaties reduce or eliminate the 30 percent withholding tax on these types of income. To qualify for treaty benefits, the taxpayer…

  • U.S. International Tax Planning for Bona Fide Residents of Puerto Rico

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    If you are a U.S. taxpayer and a resident of Puerto Rico for the entire year, you may not have to pay U.S. federal income tax on interest, dividends, and possibly worldwide capital gains from Puerto Rico. To be considered a resident of Puerto Rico, you must pass a presence test, have your tax home…

  • An Introduction to the Complexities of Taxing Cross-Border Transfers of Digital Goods and Services

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    Many companies now sell digital products and services online, like clothes and movies. People use their smartphones to shop and store their data in the cloud. But this has made it hard for governments to figure out how to tax these transactions across different countries. The U.S. has its own tax issues to deal with…

  • Allocation of the Purchase Price in Sales Transactions

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    As a lawyer, I deal with a lot of important tax and non-tax issues for my clients in business transactions. Some of these issues include things like warranties, indemnification, and restrictive covenants. One important issue that often gets overlooked is the allocation of the purchase price in a transaction, which is required by the tax…

  • Tax Planning for Inbound Licenses of IP: What Is Left After Tax Reform?

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    In simple terms, intellectual property (IP) rights include things like patents, copyrights, trademarks, and trade secrets. Sometimes, the owner of these rights may want to let someone else use them in exchange for money. However, recent changes in U.S. tax laws have made it more difficult to do this in a tax-efficient way. Non-U.S. taxpayers…

  • Proving Standing to Foreclose a Florida Mortgage

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    Proving standing to foreclose on a mortgage in Florida is difficult because of the complexities of securitization. Many mortgages were sold to trusts and pooled with other mortgages to be sold to investors. The trusts are governed by pooling and servicing agreements, and there are different entities involved such as trustees, servicers, and custodians. Despite…

  • Import Patent Infringement: The Section 337 Investigation

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    If someone imports something that violates a U.S. patent, copyright, or trademark, the International Trade Commission investigates. If they find infringement, they can stop the products from being imported. You don’t need to prove that the infringement caused harm. The process involves filing a complaint, an investigation, and a decision by a judge. The commission…

  • Defining the Hourglass: When Is a Claim Under the Florida Civil Rights Act Time Barred?

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    In 1992, the Florida Civil Rights Act (FCRA) changed the rules for filing a claim under the Human Rights Act. This article will focus on the time limit for filing a lawsuit under the FCRA. The Florida Commission on Human Relations must decide if there is a case of discrimination within 180 days. If they…

  • When should I avoid granting or accepting a license?

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    You might receive advice against granting or accepting a license in situations where you can effectively develop your own intellectual property (IP), when there is a possibility of licensing your IP to companies that could diminish its value, when the royalties demanded are exorbitant and could hinder your business’s growth, when the IP to be…

  • What is included in an “Estate”?

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    An estate refers to all the assets and possessions owned by an individual at the time of their death. This includes the following: – Real estate properties – Personal belongings such as jewelry, furniture, and vehicles – Financial assets like bank accounts, stocks, and bonds – Business interests and investments – Intellectual property rights, such…

  • What Can I Safeguard?

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    Virtually all of your possessions can be safeguarded: money, shares, bonds, accounts in money market funds, insurance contracts, annuities, properties, machinery, tools, patents, trademarks and other intellectual property rights, mortgages and loans owed to you, and more. There are only a few things that cannot be safeguarded without appropriate preparation.

  • What is a major copyright law in the United States?

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    What is the Copyright Claims Board? Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings. The Digital Millennium Copyright Act (DMCA)…

  • What is a trademark?

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    A trademark is a sign capable of distinguishing the goods or services of one company from those of other companies. Trademarks are protected by intellectual property rights.

  • Who (or what) is the Intellectual Property Dispute Resolution Board?

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    The Intellectual Property Dispute Resolution Board (IPDRB) is an administrative body within the United States Patent and Trademark Office (USPTO) that handles various proceedings related to trademarks. It is responsible for hearing and deciding disputes, including oppositions, cancellations, and appeals, providing a forum for resolution of trademark-related disputes outside of the federal court system.

  • How can I safeguard my Trademark in other nations?

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    Following a process similar to that in the United States, you would initially conduct a thorough trademark search in the target countries to confirm that your mark is not already registered or being used by someone else. Subsequently, initiate an international application: If you aim to safeguard your trademark in multiple countries, you may consider…

  • What is a Licensing Agreement?

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    An intellectual property or IP licensing agreement is between an IP rights owner (licensor) and person or company that is authorized to use the rights (licensee) in exchange for a fee or a royalty. The two parties negotiate and agree on the terms and conditions. IP license covers patents, copyrights and trademarks. It also extends…

  • “Keys to Success in Joint Ventures”

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    1. Careful planning and implementation at multiple stages are crucial for the success of a joint venture in the United States. 2. Joint ventures are commonly formed to enter new markets or expand customer base and distribution capabilities. 3. Small and mid-sized firms find joint ventures attractive because they can explore new markets and retain…

  • How to Win a Noncompete Case: Move Quickly to Secure Victory

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    – The Tampa federal court denied a preliminary injunction to a transportation management company seeking to enforce non-compete agreements against four former employees due to delay in filing the lawsuit and lack of urgency. – The court emphasized the need for speed and urgency in proving imminent and irreparable harm when seeking a preliminary injunction.…