The Basics of Intellectual Property

2. Florida Legal Context

In Florida, intellectual property protections arise under both state and federal law:

• Trademarks: Florida’s Trademark Act (Fla. Stat. Chapter 495) provides state-level protection, while federal protection comes through the Lanham Act (15 U.S.C. §1051).
• Copyrights: Exclusively governed by federal law under the U.S. Copyright Act (17 U.S.C.). Florida state courts can hear related contract or ownership disputes.
• Patents: Governed entirely by federal law under the U.S. Patent Act (35 U.S.C.). Florida businesses must file through the U.S. Patent and Trademark Office (USPTO).
• Trade Secrets: Florida protects trade secrets under the Florida Uniform Trade Secrets Act (Fla. Stat. §§688.001–688.009).

Businesses often need to combine state and federal protections to ensure full coverage.

3. Real-World Application

Examples of IP in action for Florida businesses:

• A Tampa restaurant trademarks its logo and slogan with the Florida Division of Corporations.
• A Miami software company copyrights its code and negotiates licensing agreements.
• An Orlando manufacturer patents a new device and licenses it to distributors nationwide.
• A Jacksonville beverage company protects its secret formula as a trade secret under Florida law.

4. Why It Matters for Business Owners

Intellectual property is one of the most valuable assets of any business — often worth more than physical property.

Why it matters:

• Brand Protection: Prevents competitors from copying your name, logo, or products.
• Revenue Generation: Allows you to license or sell your IP.
• Competitive Advantage: Protects trade secrets and innovations that set your business apart.
• Legal Defense: Helps you stop infringement and unfair competition.

Common mistakes Florida businesses make:

• Failing to register trademarks at the state or federal level.
• Assuming domain names or LLC filings protect brand names (they don’t).
• Not using non-disclosure agreements (NDAs) to protect trade secrets.
• Ignoring copyright for websites, marketing materials, and software.

5. Real-World Florida Examples

• A Sarasota brewery successfully enforced its trademark against another brewery with a similar name.
• A Jacksonville artist sued for copyright infringement when her designs were reproduced without permission.
• A Fort Lauderdale tech startup secured funding by showing investors its patent-pending technology and IP strategy.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, we help Florida businesses identify, protect, and enforce their intellectual property. Our services include:

• Trademark registration at state and federal levels
• Copyright registration and licensing guidance
• Patent law referrals and coordination with patent agents
• Drafting NDAs and confidentiality agreements for trade secrets
• Conducting intellectual property audits
• Enforcing IP rights in court and defending against infringement claims

We make sure your business’s ideas and innovations are safeguarded as valuable assets.

7. FAQs (Frequently Asked Questions)

Q: What types of intellectual property should I protect first?
A: Most businesses start with trademarks for their brand name/logo and copyrights for creative works.

Q: Do I need both state and federal trademark protection?
A: State registration offers local protection, but federal registration gives nationwide rights and stronger enforcement.

Q: How long does IP protection last?
A: Copyrights generally last the life of the author plus 70 years; trademarks can last indefinitely if renewed; patents usually last 20 years; trade secrets last as long as secrecy is maintained.

Q: Does registering my LLC name protect it as a trademark?
A: No. Registering with Sunbiz only reserves your company name — not trademark rights.

Q: Why hire a lawyer for IP protection?
A: A lawyer ensures filings are correct, protects your business from infringement, and helps you use IP strategically for growth.

8. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

• Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
• 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
• 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

All services are available in-person, by phone, or virtually.

9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

• Call or text us at (813) 254-1777
• Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

10. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

• Call or text: (813) 254-1777
• Email: info@blackrocklaw.com
• Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

11. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

12. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

13. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.