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FL IP lawyerA trademark can mean everything to the viability of a business. A trademark is defined as a phrase, symbol, or word utilized to identify a business. For many of the country’s most successful businesses, their trademark has become a meaningful aspect of our consumer society. All that understood, here in the United States trademark infringement is taken incredibly seriously. The punishment for trademark infringement can ruin a person’s reputation and financially devastate their financial goals. Below we will examine just what trademark infringement truly is, and what the legal ramifications of infringement can be. If you have been accused of trademark infringement, it is paramount to speak with a qualified attorney immediately.

What Is Trademark Infringement?

In the event of trademark infringement, the trademark owner has the right to file a civil lawsuit addressing the violation. The process of infringement takes place when a person or corporation’s intellectual property is utilized, reproduced, or even sold without the company’s permission. In order to prove that infringement took place, there are a number of criteria that must be met. For instance, the trademark in this instance has to be owned by the victim. The attorneys for the victim also must be able to prove that the accused had access to the trademark and knowingly used the trademark without the permission of the owner.

What Trademark Infringement Could Cost You

Due to the financial toll that trademark infringement can take on a company, the punishment for infringement can be significant. Trademark infringement can constitute either a civil or criminal offense. In a civil copyright infringement case, a person may have to pay up to $30,000 in infringement fines. In a case in which the offender was willfully infringing they could be forced to pay as much as $150,000. It should be noted that trademark infringement can cost you in more than just finances. For additional information on the impact of a trademark infringement accusation, contact our team of cyberlaw professionals.

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FL cyberlaw attorneyParenting in this age of technology brings about challenges that parents of the past never had to worry about. When they are not being monitored, children can have the whole world at their fingertips via smartphones, tablets, personal computers, smart watches, and other means. However, if they are under 13, businesses must comply with the federal Children’s Online Privacy Protection Rule (COPPA), or parents may be able to take legal action, and the businesses or organizations that own the websites or apps may face heavy fines.

What Is the COPPA Rule?

Any website or online service that may collect personal information from children under the age of 13 must follow the rules of COPPA. This includes multiple types of apps such as games, social media, toys that connect to the internet, and many more internet-connected services that children may use. However, it also includes plug-ins, advertising, location-based services, etc. Companies that regularly collect personal information should be careful to ensure that they are compliant with COPPA.

“Personal information” can include anything from full name, address, phone number, or a screen name through which the user can be contacted to social security number, cookie number or IP address, photo or video of the child, or even an audio recording of the child’s voice. This means that some of the information covered by COPPA is not even manually entered by the child, but rather comes from the connection through the computer or handheld device itself.

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FL cyberlaw attorneyIt seems like nearly everything you sign up for now requires you to click “I Agree” at the end of some lengthy legal contract. If you are like most people, you may not even read the words, or you may simply scan through and hit the highlights. What happens when you break the rules of the agreement, without realizing? What do you do when you feel your rights have been infringed upon by a company or organization, but it turns out that you actually agreed to the actions that were taken?

Terms and Conditions or Privacy Policy

Although you may not give it a second thought, you may have clicked a box and agreed to just about anything that has been slipped into their “Terms and Conditions” or their “Privacy Policy.” After all, there are lots of big words that may not even make sense to the average layperson, and who has time to sort through all of that information anyway? However, by virtually “signing” the contract, you are indeed legally bound to hold up your end of the bargain. Therefore, it is generally legally enforceable. Still, there may be a few loopholes.

If you clicked “I Agree” on a “clickwrap agreement,” then the terms would have been placed beside or under the check-box, and that would give a judge reason to believe that you should have actually read the information about what your terms were. This is called “reasonable notice and opportunity to review.” That means you had every opportunity to read it before agreeing, and therefore you should be held responsible.

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