Widerman Malek Law Blog

Is There Legal Protection for Software?

Although the protection strategy has changed, the answer is yes. Until recently, software patents accounted for about half of all utility patents issued by the USPTO. Application of a 2014 U.S. Supreme Court case, Alice v. CLS Bank, effectively slammed the door on this practice. Likewise, software patents issued prior to this decision have been […]

What is a trade secret?

Special sauces, secret ingredients, secret inner workings, special ways to train employees; we come in contact with products and brands that have these trade secrets every day.  These trade secrets are what make that product so special.  Have you ever wondered how a company legally protects those trade secrets?  In almost all states, a trade […]

What is Intellectual Property?

If someone asked you about Intellectual Property, would you know what they were talking about? Would you think it was a smartly built house? Maybe one of those smart phones? You would be wrong if those were your guesses. Intellectual property has to do with creations of the mind. A painting by Van Gogh would […]

A New Way to Approach Copyright and IP Issues

The world out there is getting bigger all the time, especially with the internet and millions of users working hand in hand. While this looks like the perfect environment for ingenuity and creativity to grow and thrive, particularly when the creations are under patent protection, there is a darker side that has to be tackled […]

Trade Dress Protection

Traditionally, trade dress was limited to the overall appearance of labels, wrappers, and containers used in packaging a product. However, over a period of years, the traditional definition expanded beyond packages and containers to include the total look of a product. Today, the total look includes the packaging, as well as the design, shape, size, […]

Trade Dress Your Product

In 1916, a glass bottle manufacturing company in Terre Haute, Indiana won a bottle design contest.  Their contour shaped bottle is today recognized worldwide by billions of consumers and is one of the most recognizable examples of trade dress protection.   The glass bottle company was The Root Glass Company.  The bottle they designed was for […]

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