The Scoop: Fall 2011

Recent ShuffieldLowman News

ShuffieldLowman Welcomes New Bankruptcy Attorney Lane E. Roesch

When it comes to bankruptcy and financial restructuring, Lane E. Roesch has it covered. Her extensive experience includes representation of debtors-in-possession, creditors committees, equity security holders, trustees and institutional lenders acting in various capacities in complex chapter 11 cases. While with a highly respected firm in Miami, she represented, among others, suppliers in the automotive industry, telecommunications, home builders and commercial real estate and equipment lessors in bankruptcy matters. A summa cum laude graduate of the University of Miami School of Law, Lane brings a deep understanding of complex restructuring and chapter 11 proceedings, and has appeared on behalf of her clients at bankruptcy hearings in connection with first-day motions, financing and cash collateral motions, disclosure statements and plans of reorganization.

Orlando Home & Leisure Magazine

The September issue of Orlando Home & Leisure Magazine features all six of the firm’s shareholders, Heidi Isenhart, Bill Lowman, Steve McDonald, Greg Meier, Randy Ranson and Lynne Wilson in an article profiling Orlando’s top lawyers that hold the distinction of being AV rated by LexisNexis Martindale Hubbell.

Learn about Heidi W. Isenhart
Learn about Bill Lowman
Learn about Steve McDonald
Learn about Greg Meier
Learn about Randy Ranson
Learn about Lynne Wilson

Bill Lowman Nominated for Orlando Business Journal’s Most Influential Men

ShuffieldLowman founder Bill Lowman has been nominated as one of Orlando Business Journal’s Most Influential Businessmen of 2011. The 10^th annual awards event recognizes those top businessmen who have shown excellence in their field and dedication to the community.

Learn about Bill Lowman

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Proper federal registration and use of trademarks can provide a company with significant opportunities to increase its profit margin, increase and sustain market share, and generate substantial goodwill in its business. If trademark issues are ignored, a company may become entangled in unfortunate complications and litigation that could have been avoided. For example, imagine your business is called “Blue Moon Employment Solutions” and you have a temporary staffing office located in Orlando that has been serving clients in Florida for ten years. You never consulted an attorney regarding protecting your trademark or its use on your advertising materials and website. One day, you receive a call from one of your clients in Orlando stating that it has been contacted by a New Jersey company called “Blue Moon Staffing Solutions” that is now soliciting business in Florida. Although not identical, your client is confused whether this is your company because both companies use the terms “Blue Moon.” In addition, it turns out that the New Jersey company has already obtained a federal trademark registration for “Blue Moon Staffing Solutions.” Most likely you will need to hire an attorney to address the trademark issue or risk losing clients and business due to the confusion. Your options are to: (1) send a cease and desist letter to the company demanding it stop using “Blue Moon”; (2) file a trademark infringement lawsuit; or (3) change your name. Any one of the options will cost you money. Even if you are successful in a trademark infringement lawsuit, this will cost you legal fees. Importantly, you could have prevented this by obtaining a federal trademark registration or conducting a trademark search before you selected “Blue Moon Employment Solutions.” In addition, some day you may want to expand your business to other cities or states. The owner of a federally registered trademark has all the rights to the trademark throughout the United States. Even if you currently have a trademark registration, you may want to add products or services to your company that will be identified by different trademarks for the different products and services. In addition, you may unknowingly lose your federal trademark protection if you make changes to artwork of your federally registered trademark. Accordingly, the trademarks should be evaluated and registered early before significant expenditure is undertaken for labels, packaging and other items for a trademark that is not available. Otherwise, you may find yourself on the receiving end of a cease and desist letter or lawsuit.

		Recently, Firehouse Subs lost a trademark infringement lawsuit relating to the word “Firehouse,” against “Calli Baker’s Firehouse Bar & Grill.” Firehouse Subs was attempting to prevent any other restaurant from using the word “Firehouse” in their name. As part of the final judgment in the trademark infringement lawsuit, the court cancelled Firehouse Subs’ federal trademark registration for “Firehouse” based on fraud.

Further, trademarks are important to the valuation of a company’s worth if you want to sell your company in the future. For example, if a potential buyer values your trademark as representing substantial goodwill, your lack of a federal trademark registration may reduce the value of your business because it increases the buyer’s risk that a competing trademark will limit future expansion plans for the business. We encourage you to call us to discuss your trademarks. There is no fee or obligation for an initial telephone consultation.