The Daytona Law Blog

In Florida and across the United States, businesses that specialize in innovation should be aware of the possibility that employees might ignore agreements when they choose to depart. It is especially problematic when a former employee who had a significant role in the creation of a product starts a business of his or her own in the same category. One recent case involving Apple has led to business litigation.

A man who was a chief processor architect is being sued. The man brought two former executives at Apple with him in the new venture. Apple asserts that the man is violating his agreement with them. Mainly, it says that he hid his intentions while playing a prominent role in developing Apple's new chips.

A thorny legal battle involving a Florida man, a British yacht builder, a yacht distributor and a boat broker prompted a U.S. district judge to order marshals to place the 74-foot yacht at the center of the dispute under arrest. Arrests are sometimes ordered under maritime law to prevent the parties involved in a legal dispute from using a contested vessel. Marshals arrived to execute the arrest on Nov. 3 shortly after the close of the Fort Lauderdale International Boat Show.

The Wellington resident who initiated the contract dispute says that he paid $4 million to have the yacht built. He has not been able to take delivery of the yacht or secure a refund because the British yacht builder is mired in a legal battle of its own with one of its former dealers over an engine failure. This is a problem for the man because he placed his order with, and paid his money to, the dealer involved in that legal action.

Many people in Florida love to play video games and compete in or watch esports, professional competitions in the video games world. The competition in esports can be fierce but so can the disputes between companies in the industry. Well-known video game company Riot Games has filed a trademark infringement against an esports firm, Riot Squad, accusing it of using the company's trademarks to build their own brand and reap the profits of a nonexistent association. Riot Games is best known as the manufacturer of "League of Legends," a popular game in esports competition.

Riot Games sponsors esports competitions, especially in the "League of Legends" field. The world championship it sponsored in 2018 drew in 100 million viewers to watch the competition live. It claims that Riot Squad is taking advantage of consumer confusion to build its esports brand, despite there being no connection between the companies. Riot Squad does not compete in "League of Legends" tournaments. According to its website, the team competes in tournaments for games like "Counter-Strike," "Global Offensive," "Apex Legends" and "Fortnite."

Business owners in Daytona Beach rely heavily on their companies’ reputations. A claim against that reputation can exact untold damage, leaving executives and decision-makers with every incentive to dispute such assertions. One type of claim that can be particularly harmful is that of false advertising. Thus, it is important that those representing their respective companies understand exactly what the laws defining false advertising in their states entail. 

Per Section 817.44 of the Florida state statutes, a company that advertises to the general public the sale of property (be it real or personal, tangible or intangible) or an offer of professional services as part of a scheme not to provide such property or services as advertised if guilty of false adverting. The same is true if a company advertises a product or service for sale at a specific price with the intention not to sell said service or product at that price.