By: Tyler Hampy Pursuant to the well-established principles of equity, a patentee seeking an injunction against an infringer must satisfy a four-factor test before a court may grant such relief. The patentee must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate […]
When does fighting to protect a trademark borderline on trademark bullying? Trademarks are established to protect an individual’s, a corporation’s, or non-profit organization’s creative work. What happens when the trademark owner takes protecting their trademark too far as to be deemed as domineering? The best examples of crossing the line can be witnessed with non-profit […]
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 […]
Entrepreneurs who are starting up their own businesses should be careful in protecting their IP inventions from former employees. They should not take for granted that the IP work they create off company hours is theirs to keep. Employers may be able to stake a claim in ownership. Here are five ways employers can claim […]
For the 4th year in a row, Widerman Malek, PL were the proud sponsors of the Junior Achievement Laureate reception honoring the Business Leaders of Brevard County Click here for more information about Junior Achievement of the Space Coast and how you can help.
Does Facebook have the right to use your photos without your permission? Are your intellectual property rights over personal photos and videos forfeited when posted to Facebook? I am going to address both of these questions separately. Let us start with the first question. Can Facebook use your photos without your consent? No. Facebook does […]
By: Widerman Malek Team Is a “trade name” the same thing as a “trademark?” This is a topic that seems to give people trouble. The Lanham Act offers some help to distinguish the terms. By definition, a “trade name” is any name used by a person to identify his or her business or vocation. […]
For over four years our economy has lay dormant in the gutter. Jobs are scarce and the few that are available offer low paying salaries with lousy company benefits. We keep hearing the golden age ended. No more pensions, plush company outings and other employee perks that were once taken for granted, shall employees receive. […]
In my last post, I discussed the ability to trademark generic terms. This post focuses on trademarking geographic terms. In the United States, geographic terms can be registered and protected as trademarks identifying a single commercial source if certain conditions are met. Geographic terms have traditionally been very important in identifying the source and […]
