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Electric Cooperatives Oppose Choice

Electric cooperatives could be regulated under the proposed ballot in Florida for the November 3, 2020 election.  Electric cooperatives are opposing choice of open electric market. Electric cooperatives are challenging the proposed ballot initiative that seeks to change the energy market in Florida.  Florida Energy Choice Initiative (FECI) seeks to have choice in the marketplace. …

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Startup Copyrights Use

Startup copyrights issues come up frequently in counseling legal sessions.  For many, they perceive that there is a open filed of content hat any startup can avail itself of that would help push their business forward. Not so, is the truth. Savvy business starters know that their intellectual property gives its business import and is…

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Cease Demand Letter Myths

Cease demand letters are an expected step before any legal action is taken. Most jurisdictions require a claimant to demonstrate mitigation efforts.  Courts respect a claimant’s attempt to resolve the issue of concern.  They also appreciate seeing an effort to minimize damages.  But what can be surmised by cease demand letters is not what is…

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Startup Business Consumer Issues

Startup business consumer issues are not usually raised in discussions at the outset by entrepreneurs.  Consumer protection issues creep up as time goes by in their daily business process. But the reality bites, when startups encounter issues not thought through. If the startup is engaged in a business entails a contract or a detailed proposal…

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Startup Business -More than an Idea

Startup Business criteria for the idea-person and the money-person, backing the venture, is always easily skewed toward “what’s the least that it will take to get going”.  Going into the wild of business with the startup entrepreneurial spirit is fascinating and laudable.  Many venture off with the chutzpa without seeking legal counsel  and resort to…

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Advertising Disclosures

Advertising disclosures required by the Federal Trade Commission are becoming numerous.  As creativity increases so will the efforts for the FTC to find aspects, not to their liking.  As the FTC pursues companies using native advertisers or influencer programs, restrictions will appear clearer to businesses.  FTC’s concern is over the possibility of consumers being confused…

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Cyberquatting Claims and Terms

Cybersquatting claims arise on many occassions out of sheer misunderstanding.  Cybersquatting by a website designer is seldom a thought of concern by potential clients who are in the midst of working or are considering the work of a website designer for their start up a business.  Terms are rarely dickered with to ensure the handling…

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Crawling Websites for Data

Crawling websites for data has burdened the growth of ecommerce as website owners witnessing their data scraped.  The legal questions have lingered.  Many questions stand out.  The prevalence of crawling and scraping has become too of the norm for those using web content for business, research, or marketing purposes. The common theme is that website…

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Trademark Nominative Fair Use and Confusion

Trademark use and the element of fair use in business snags many businesses trying to market their service or product, while seemingly using a competitor’s trademark. Liability may not be avoided by relying on the fair use defense.  Words and their message are usually held to a standard regarding the possibility of consumer confusion.  There…

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Trademark Misrepresentation in Advertising

Trademark misrepresentation rather than respecting the appearance of a marks brand through advertising runs the risk of using creative naming.  Courts will look at advertising’s subjective effect on consumers.  The query for concern is to determine if the advertising seeks for the consumer to make the association with an existing unrelated brand of a product. …

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Online Contracts Consent and Choice of Law

Online contracts trip the line that draws on possible arguments for applying the choice of law principles.  Platform terms of service, though frequently updated, may not be providing appropriate notice to inform the public user.  Data collection practices of social media platforms for purposes of claimed efforts to provide enhanced services to the user public…

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