Attorney M. Keith Lipscomb of Lipscomb, Eisenberg & Baker, PL has been a member of the firm since 2008. Applying his knowledge of commercial law, Keith Lipscomb provides legal guidance for businesses facing Uniform Commercial Code disputes.
Established by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, the Uniform Commercial Code (UCC) governs proper practice of commercial transactions between states and territories. Sales transactions encompass sale of goods, leases, contracts, and borrowed funds. While the law is not federally regulated, all 50 states have adopted the UCC as a guideline for its ongoing transactions. However, should a dispute occur, only states with active UCC rules are protected under law.
Regarded highly in American law, the model code can be modified by a state with the National Conference of Commissioners’ approval. The commissioners are comprised of attorneys, judges, law professors, and legislators who serve throughout the United States. Reviewing a state’s altered UCC, the commissioners may require revisions before consenting to its use.
An alumnus of the Cornell Law School, M. Keith Lipscomb currently serves as a managing member of Lipscomb, Eisenberg & Baker, PL. Working on multi-million dollar cases, he has helped numerous businesses protect their intellectual property. Specifically, Keith Lipscomb is knowledgeable in trademark litigations, internet regulations, and truth-in-advertising laws.
For consumer protection, the Federal Trade Commission established the truth-in-advertising laws, which state that all advertisements maintain honesty. Regardless of medium used, companies cannot promote products and services in a misleading way, and they are required to provide scientific evidence, as necessary. Should an advertisement be deemed fraudulent, the Federal Trade Commission has the right to file a lawsuit against the company at fault to prevent further use of the advertisement, seize assets, and obtain compensation for victims involved.
The commission primarily focuses on national advertising that affects a large number of consumers. In addition, close examination of advertisements relating to health, safety, and widespread economic injury are of the utmost importance as the commission seeks to safeguard the well-being of consumers.
Businesses charged with fraudulent advertising may be issued a cease and desist order requiring immediate removal of ads. Failure to do so results in a penalty of $16,000 per day for each ad. To avoid penalties, a business can provide proper disclosure on future advertisements to ensure consumers are fully aware of any conditions that may affect them adversely.
A commercial litigator, M. Keith Lipscomb offers his services to clients of Lipscomb, Eisenberg & Baker, P.L. Trained in numerous intellectual property matters, M. Keith Lipscomb helps clients understand the Madrid Protocol.
Encompassing 90 countries, the Madrid Protocol is one of the most important international regulations regarding intellectual property. Its full name is the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. This treaty enables intellectual property owners to file for trademark registration in any and all of its member nations (also known as “Contracting Parties”) through a single application. Intellectual property owners must first file in their country of origin; following this, the International Bureau of the World Intellectual Property Organization, based in Switzerland, handles all approvals and denials. If a trademark is approved, applicants receive permission for an initial trademark term of 10 years, and may pay for an additional decade of protection near the completion of each term.
While the United States first became party to the Madrid Protocol in 2003, the history of the system dates back over a century. The progenitor of this program, the Madrid Agreement Concerning the International Registration of Marks, was put into effect in 1891 by several European countries. In 1989, with the purpose of attracting more members, the system was updated through the passing of the Madrid Protocol. The most recent country to join is India, which approved the system in 2013.
At Lipscomb, Eisenberg & Baker, P.L., in Miami, Florida, M. Keith Lipscomb serves as a trial attorney, commercial litigator, and intellectual property lawyer. Among M. Keith Lipscomb’s practice areas is the running of intellectual property licensing campaigns, particularly for brand owners and software firms.
Licensing is one of the most lucrative ways to put one’s intellectual property to work. Through this process, the owners of trademarks, copyrights, and patents allow others to use their creations, while maintaining some measure of control over their presentation. Licensing also brings additional financial and branding opportunities.
When considering licensing, intellectual property holders must take numerous factors into account. Meeting with potential licensees offers the opportunity to learn about their intended use of the material. Holders may then individualize agreements, defining the circumstances in which licensees may adopt the item. The customizability of licenses requires owners to contemplate different pricing terms and agreements; while flat-fee, lump-sum payments might be suitable for some situations, for other cases it might be more beneficial to negotiate royalty payments across an expanse of time. Moreover, licensing agreements may lead to relationships that extend beyond the length of the original contract, so companies should consider whether to maintain long-term partnerships as well as how to make these arrangements satisfactory for both parties.