In the recent 11th Circuit Court of Appeals decision of Dana's Railroad Supply v. the Attorney General of the State of Florida (11th Circuit Court of Appeals, 14-14426 2015)(Available Here), the Court of Appeals determined that the Florida statute section 501.0117 violated the … [Read more...] about Florida’s No-Surcharge Credit Card Law Violates the First Amendment
Realistic Art Versus Trademark Rights – First Amendment Rights Prevail
The Eleventh Circuit Court of Appeals has held that a famous artist (Daniel Moore) who painted highly realistic scenes of the University of Alabama football team (fearsomely promoted as ROLL TIDE) has a First Amendment right as an artist which "clearly outweigh[s] whatever … [Read more...] about Realistic Art Versus Trademark Rights – First Amendment Rights Prevail
Appeals Court Refuses to Compel Turnover of Decryption Code
The 11th Circuit Court of Appeals has held that a criminal defendant is not required to reveal passwords which would decrypt (effectively unlock) data on his computer’s hard drive. To compel defendant John Doe to reveal his decryption password would violate his Fifth Amendment … [Read more...] about Appeals Court Refuses to Compel Turnover of Decryption Code
Copyright Protects Original Selection, Arrangement and Coordination of a Factual Database Compilation
In Buc International Corp. v. International Yacht Council Limited, 489 F.3d 1129 (11th Cir. 2007)(available here), the 11th Circuit Court of Appeals ruled on the scope of copyright protection for a database comprised of yacht listings. Plaintiff BUC compiled a yacht listing … [Read more...] about Copyright Protects Original Selection, Arrangement and Coordination of a Factual Database Compilation
Hollywood’s Legendary Dan Tana Restaurant Not Famous Enough in Atlanta to Stop DanTanna’s
Plaintiff Dan Tana’s is a 46 year old restaurant in Hollywood, California, known as a legendary hotspot where “where mustached waiters dressed in tuxedos serve classic Italian dishes off a menu embellished with Italian language ... [where] [t]he ambiance is cozy, intimate, … [Read more...] about Hollywood’s Legendary Dan Tana Restaurant Not Famous Enough in Atlanta to Stop DanTanna’s
Beware the Jabberwocky
Florida’s Long Arm Jurisdiction Drags Washington State Defamation Defendant into Florida Court When Allegations of Criminal Acts are Accessed by Floridians on the Defendant’s Website:The Florida Supreme Court, at the request of the regional Federal Circuit Court of Appeals … [Read more...] about Beware the Jabberwocky