What is an Open Patent?

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 […]

Infringement Analysis: What To Expect

Imagine you are a patent holder, and you suspect a competitor may be infringing on your exclusive rights related to your invention.  You ask your patent attorney to help you stop the infringing behavior.  Your attorney (hopefully) responds by recommending an infringement analysis.  You may think, “Analysis?!?  What’s to think about?  I just want to stop […]

We all know people who have gotten engaged only to call off their engagement a few months later.  Did you ever wonder what happens to the ring?  Most of the times the ring is given back to the fiancé once the couple calls it quit.  Proper etiquette dictates that if the couple were to call […]

Melbourne Florida

Do You Know the History of Melbourne?

As many of you already know, we are located in the beautiful city of Melbourne Florida.  We figures it would be fun to do an article on the history of our great coastal Florida town. Please enjoy. The city of Melbourne, while a fairly young city, is robust with history.  Did you know this town was founded by three […]

Who Said Working Out Can’t Be Fun?

The month of January is the month to get back in shape.  Let’s face it.  The holidays are over and so is our over indulgent habits.  Everyone loves over indulging on sweets during the holidays, but come January 2nd our bodies demand the gluttony stop.  The weight has piled on and we are forced to […]

A Christmas Story Gone Bad

We know the holiday season is over but we just couldn’t help but pass this one along regarding a holiday T.V. classic. It was the night before Christmas and all through the house, not a creature was stirring because we were all intently watching the Warner Bros’ 1983 movie, A Christmas Story, on the television.  […]

Trademark Law: Secondary Meaning

  In trademark law, marks are placed along a continuum of distinctiveness. If a mark is classified as not being inherently distinct, the mark must acquire distinctiveness in consumers’ minds to achieve trademark status. That acquired distinctiveness is called a “secondary meaning.” Secondary meaning is a new and additional meaning that attaches to a mark. […]

DMCA: Notice and Counter-Notice

For websites that allow user generated content (UGC), the online service provider (OSP) and the copyright holder share responsibility for combating infringement.  Part of that responsibility includes properly notifying each other with regard to alleged infringement. If a copyright owner or other party complaining of infringement fails to fully comply with the elements of notification […]

2012 Year In Review for Widerman & Malek

By: Mark R. Malek Another year has come and gone, and we are still here – I guess the Mayans got this one wrong! I am pleased to report that WM has experienced even more growth this year on both the civil litigation side of the firm as well as the intellectual property side of […]

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