Question 1

Should I file a federal trademark application before launching a brand?

Accepted Answer

Almost always yes. Federal registration is dramatically cheaper than litigation, gives nationwide priority from filing, and forces other applicants to design around your mark. Unregistered common-law rights are limited to the geographic area of actual use — for a startup, usually nowhere. We clear and file before launch.

Question 2

Are non-compete agreements enforceable in Alabama and Florida?

Accepted Answer

Both states enforce reasonable non-competes with different standards. Alabama (Ala. Code § 8-1-190) requires a legitimate business interest, reasonable time/geography/scope, and no undue hardship. Florida § 542.335 is among the most enforcement-friendly statutes in the country. Many off-the-shelf non-competes are over-drafted and unenforceable.

Question 3

Someone is using a name confusingly similar to ours. What do we do first?

Accepted Answer

Before sending cease-and-desist, run clearance: priority date, goods/services in conflict, channels of trade, and whether the alleged infringer has superior rights. The wrong cease-and-desist invites a declaratory-judgment suit on the infringer's home turf and turns a winnable case into a venue fight. Most disputes resolve via correspondence or coexistence agreement.

Question 4

An employee just left with a customer list. Can I get an injunction?

Accepted Answer

Often yes — if the customer list is actually a trade secret (reasonable protective measures, independent economic value from secrecy, not just obvious prospects) AND you can show misappropriation. The DTSA gives federal jurisdiction and ex parte seizure in extreme cases. Most injunctions are won at preliminary-injunction. Speed matters.

Question 5

I'm a new employer and an ex-employer is threatening my new hire over a non-compete. Should I be worried?

Accepted Answer

Maybe. We screen by reading the agreement, evaluating the legitimate business interest, and assessing whether the new role falls within the restriction. Common defenses: over-broad agreement, geographically or substantively distinct role, prior employer's material first breach, or no consideration. Some settle in days; others go to TRO hearings.

Question 6

Do you handle copyright cases?

Accepted Answer

Yes — software, literary, audiovisual, photography, and design. Statutory damages run $750-$30K per work (up to $150K for willful), plus actual damages and attorney's fees IF the work was registered before infringement. Many copyright owners forfeit fee recovery by failing to register early.

Question 7

How do trademarks differ from copyrights and trade secrets?

Accepted Answer

Trademarks protect brand identity (names, logos, slogans), last indefinitely with use and renewal. Copyrights protect original works of authorship for life of the author plus 70 years. Trade secrets protect commercially valuable secret information — formulas, processes, customer data — for as long as secrecy is maintained. The three overlap at the edges.

Trademark, copyright, trade secret, and non-compete enforcement

About this practice

From the Library — IP & Non-Compete writing