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Widerman Malek Law Blog

They breached the contract so what kind of damages can I get? How about lost profits or loss-of-use?

By: J. Mason Williams IV It can be difficult to determine what type of monetary damages, if any, a party is entitled to in a breach of contract case.  Even if you determine the type of damages, it can be even more difficult to prove the amount as evidenced in a recent case in Hillsborough […]

What Happens If You Claim The Wrong Entity Status In The Patent Office?

By: Mark R. Malek In my last article, I outlined the new filing status in the Patent Office that can save inventors even more money in the patent process – that of the micro-entity.  As you may recall from that article, when filing a patent application (and throughout the patent prosecution process), you must pay […]

Does Praying Infringe on Tebow Trademark?

Tim Tebow, a devout Christian last October successfully trademarked his one knee, head on fisted hand pose.  Does anyone else find this disturbing and slightly offensive?  Call me Catholic (oh wait I am), but I do believe that trademark pose is something we all have been doing and practicing long before Mr. Tebow showed up […]

Patent Office Fees – The Micro Entity

By: Mark R. Malek As many of you may know, the United States Patent System recently went through a little transformation on March 15, 2013.  The biggest and most public of these transformations was the transition from a first to invent system to a first to file system (more on that later).  One thing that […]

Is the Economic Loss Rule Dead in Florida?

On March 7th 2013, the Florida Supreme Court ruled that the economic loss rule can only be used in relation to product liability cases and not contractual cases.  Their decision was determined through the case Tiara Condominium Association v. Marsh & McClennan.  Tiara Condominium Association sued their insurance broker Marsh for not providing them with […]

Will a Tenant get their security deposit?

By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back.  Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back.  Why not and what can I do?   Well, first you have to review your […]

Say Yes to the Rossetter House: The Perfect Wedding Venue

Nestled in the heart of Melbourne, in what was once the center of Eau Gallie, rests the city’s mother of pearl, the old Rossetter House.  The historic Rossetter House is a Victorian beauty.  Built in 1908, the prominent house surrounded by beautiful country gardens was built for James Wadsworth Rossetter, his wife Ella Maude and […]

Remember This? When Common Sense Loses in a Court of Law

Are you aware that coffee is served hot? How about that if hot coffee were to accidentally spill on someone it could burn that person?  If you knew both these facts, congratulations you have mastered common sense.  Common sense tells us that hot beverages are going to hurt if poured onto our skin.  Anyone who […]

Patent Maintenance Fees

By: Mark R. Malek So you have just received your Notice of Allowance for your patent application.  In the Notice of Allowance, there is a requirement for you to pay an issue fee and a publication fee.  You may have paid the publication fee early pursuant to a request for early publication.  Section 1129 of […]

Beach Easements: Are Private Beaches Truly Private?

Rhode Island, known as the Ocean State, has a beautiful coastline on the Atlantic Ocean.  Its private and public beaches are enjoyed throughout the summer months by residents and tourists alike.  One day as a teenager I ventured forth with friends onto a private beach in Newport.  We were hoping not to be noticed if […]

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