Daniel J. Barsky of Shutts & Bowen LLP

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Daniel Barsky is a partner in the West Palm Beach office of Shutts & Bowen LLP, where he is a member of the Intellectual Property Practice Group.

Daniel has been recognized as a “Rising Star” by Florida Super Lawyers. He regularly represents clients in commercial litigation, appellate, intellectual property, defamation, construction and real estate related litigation. Daniel is a registered patent attorney with the U.S. Patent and Trademark Office and is admitted to practice in Florida and Minnesota.

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Stop the Insanity! Sports Trademarks Run Amok

By Daniel J. Barsky of Shutts & Bowen LLP on Posted in Case Studies, Famous Marks, Trademarks, United States
Sports and sports teams have a long history with intellectual property law and, more specifically, trademarks.  Sports teams, colleges, and universities have long trademarked their names and logos, and have routinely and aggressively enforced those rights.  In 1988 Pat Riley, then the head coach of the National Basketball Association’s Los Angeles Lakers, applied for a … Continue Reading

Federal Circuit Reminds Us That Extrinsic Considerations Are Narrowly Construed in Trademark Matters

By Daniel J. Barsky of Shutts & Bowen LLP on Posted in Case Studies, Famous Marks, Protection & Enforcement, Trademarks, United States
2018 saw a number of important trademark cases decided across the United States.  Two cases illustrated the similarities between genericness analysis and one of the likelihood of confusion factors considered by the Trademark Trial and Appeal Board (“TTAB”).  Royal Crown Co., Inc. v. The Coca-Cola Co., 892 F.3d 1358 (Fed. Cir. 2018) and Omaha Steaks … Continue Reading

Federal Circuit Establishes New Test for Trade-Dress Secondary Meaning

By Daniel J. Barsky of Shutts & Bowen LLP on Posted in Case Studies, Famous Marks, Protection & Enforcement, Trademarks, United States
The United States Federal Circuit recently issued a precedential opinion addressing trade dress secondary meaning.  The decision establishes a six-factor test to determine whether trade-dress acquired secondary meaning and clarifies a variety of other, related matters. Converse appealed a final determination of the International Trade Commission (“ITC”) that Converse’s U.S. trademark number 4,398,753 (“the ‘753 … Continue Reading

BLOCKING PATENTS CAN MOOT OBJECTIVE INDICIA OF NON-OBVIOUSNESS

By Daniel J. Barsky of Shutts & Bowen LLP on Posted in Case Studies, Patent Infringement, Patents, United States
In a recent precedential decision, a split Federal Circuit (Judges Dyk and Taranto in the majority, Judge Newman, dissenting) issued a lengthy, 53-page decision, regarding the obviousness doctrine.  Judge Taranto, writing for the majority, engaged in a fact-intensive analysis to determine that a ‘blocking patent’ mooted evidence of objective indicia of non-obviousness and found the … Continue Reading

UNITED STATES SUPREME COURT TO CONSIDER ‘ON-SALE BAR’ DOCTRINE

By Daniel J. Barsky of Shutts & Bowen LLP on Posted in Legislation, Patents, United States
Recent focus on the United States Supreme Court has surrounded who President Trump will nominate to replace retiring Associate Justice Anthony Kennedy.  (The nominee is Brett Kavanaugh of the D.C. Circuit.)  However, once October is here, the 2018 Term begins and focus will shift back to the cases before the Court.  One of those issues … Continue Reading

Trade Secrets as Part of Your IP Portfolio: The Case of Col. Sanders

By Daniel J. Barsky of Shutts & Bowen LLP on Posted in Case Studies, Copyright, Famous Marks, Patents, Trade Secrets, Trademarks, United States
Trade secrets, together with patents, trademarks, and copyrights, are one of the four main types of intellectual property.  Unlike the three other types of IP, trade secrets are never made public.  Trademarks and service marks are obtainable only through public use that creates an association between the mark and the origin of specific goods or … Continue Reading

Matal v. Tam – Disparaging Trademarks are Registrable

By Daniel J. Barsky of Shutts & Bowen LLP on Posted in Famous Marks, Legislation, Trademarks, United States
It is well known that the trademark laws of the United States differ substantially from the trademark laws of countries around the world.  The United States Supreme Court recently clarified that ‘offensive’ trademarks are registrable, further differentiating the United States from the majority the world. Morality Refusals Many jurisdictions have prohibitions against registration of marks … Continue Reading

Supreme Court Reverses Apple v. Samsung Design Patent Damages Award

By Daniel J. Barsky of Shutts & Bowen LLP on Posted in Case Studies, Famous Marks, Patent Infringement, Patents, Protection & Enforcement, United States
On December 6, the Supreme Court reversed Apple’s $399 million patent infringement verdict against Samsung.  The decision – the first from the Supreme Court to interpret design patent damages since 1886 – arguably raises more questions than it answers. In a series of widely-publicized cases around the globe, Apple and Samsung have been battling over … Continue Reading
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