Do movie makers need to obtain permission to use all brand products in their movies? The answer is no, but it is recommended. The rule is a product can be used within a movie without permission as long as the product is being used as was intended by the manufacturers without negatively defaming the product […]
Widerman Malek Law Blog
Trademark Law: Generic Terms
My next couple of posts are going to focus on the types of words that can and can’t be trademarked. This post centers on generic terms. In short, a generic name of a product can never function as a trademark to indicate origin. The terms “generic” and “trademark” are mutually exclusive. If a term […]
What is an Open Patent?
In 1959, Volvo came out with the three-point seat belt, a seat belt designed by Swedish Engineer Nils Bohlin. Bohlin wanted to design a seat belt that could prevent whiplash and deaths. His design is considered an industrial design which was patented as such in 1962. Seven years later Volvo decided to offer Bohlin’s seat […]
Amendments to the Lanham Act
2000: Restructuring of the U.S.P.T.O. In 2000, there were substantial changes to the structure and administration of the Patent and Trademark Office. One important structural change was the separation of the patent and trademark functions into separate operating units within the PTO. The PTO implemented a new position, which was titled the “Director of […]
Different Types of Patent Applications
By: Mark R. Malek My last article provided a brief overview of the patent system. I also wrote another article about why patents are somewhat important. This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents. This article will attempt to […]
Facebook and the First Amendment
Jennifer O’Brien had been employed as a school teacher in Paterson, New Jersey for many years. In December 2010, O’Brien was assigned to teach the first grade. There were about 700 students in the school where she taught, and the student body consisted almost entirely of minority students, including African Americans and Latinos. […]
A Brief Overview On Patents
By: Mark R. Malek In my previous article, I indicated that a patent is important to protect the rights of innovators and to encourage them to continue to innovate. This is done by providing a patent holder with an exclusive right to exclude others from making, using, selling, or offering to sell the invention that is […]
