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Widerman Malek Law Blog

A Poor Man’s Patent is No Way to Patent Your Idea

A poor man’s patent is not a good way to try to protect your invention. It does not give an inventor the same type of protection as a patent application does, and will not likely be useful to monetize your invention.

New IP Czar Named

DC Attorney Danny Marti has been named the new IP Czar

Judge Randall Rader Resigns From Federal Circuit

Chief Judge Randall Rader Resigns as Chief but will remain on the Federal Circuit.

Is Fee Shifting The Solution To Abusive Patent Litigation Practices?

While fee shifting may be helpful in solving some of the abusive patent litigation practices that are out there now, this can only be useful if a patent litigation cases are taken the distance. In other words, fee shifting principle only applies if the defendant decides to see the case through to its conclusion and only if the defendant actually wins the case.

Patent and Trademark Office Closed on March 3, 2014

USPTO Closed on March 3, 2014 due to weather.

Why Dumb Starbucks Made A Dumb Trademark Move

When the Dumb Starbucks store showed up late last week in Los Angeles, there was a lot of media attention on it. One defense that I heard in the media was that it was a parody of a Starbucks store and, therefore, it was probably ok. That’s not exactly the case.

Trademark Fun – McDonald’s v. McDowell’s

Trademarks can be so confusing. Is it ok to use the same trademark as someone else? A detailed analysis must be conducted before answering such a question. A great example of the type of analysis that occurs in trademark law can be found in the movie Coming to America.

Patents, Trademarks, and Copyrights – What’s the Difference?

Many people tend to confuse the types of intellectual property protections that are available to them. In short, a patent protects the function of an invention, a trademark protections a name and/or logo that may be used to identify the source of goods and/or services, and a copyright is meant to protect original works of authorship.

The NFL and Trademarks

I have been receiving a multitude of questions lately about use of NFL logos.  I do give these folks a lot of credit for asking an attorney before moving forward with their ideas of using NFL logos.  Most of these folks are asking whether or not they can put NFL logos on certain things and […]

Obtaining Additional Claim Scope In A Related Patent Application

By: Mark Malek In my last post I discussed the different parts of a patent application.  You may recall that one of the parts, the most important part, was the claims.  The claims outline the scope of protection that is being sought in the patent application.  After the patent application successfully passes through examination process, […]

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