Can a company’s mascots be trademarked? The answer to that question is yes, yes they can. A trademark is defined by dictionary.com as any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured […]
October 25, 2012 Contact: Mark Malek FOR IMMEDIATE RELEASE Tel. 321-255-2332 Email: mark@legalteamusa.com J. MASON WILLIAMS IV JOINS WIDERMAN MALEK, PL AS ASSOCIATE ATTORNEY Widerman Malek, PL is pleased to announce that J. Mason Williams IV has joined the firm as an Associate Attorney. Mason, a member of the Florida bar, graduated […]
To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. The first element is rather easy to prove if one has a […]
No one likes bullies. Who doesn’t remember the school bully picking on someone on the playground? Unfortunately, bullies can be found outside of the school playground. They exist everywhere, even when it comes to copyright laws. Copyright laws are set in place to protect others from infringing on an individual’s original work. However, what happens when an individual […]
Is it better to seek mediation rather than go to court to settle a dispute? Mediation is defined by freedictionary.com as “a method of resolving an industrial dispute whereby a third party consults with those involved and recommends a solution which is not, however, binding on the parties”. When a dispute occurs between two […]
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 […]
Who can forget the murder trial of OJ Simpson? Back in 1995, OJ Simpson went to trial for the murder of his ex-wife Nicole Brown Simpson and Ronald Goldman. The criminal trial captivated the attention of the American public and the world over. In the end of the long nine month trial, OJ Simpson […]
By: Mark R. Malek Generally speaking, the patent application process is not an adversarial one. In other words, it is not like Business Litigation where there is a plaintiff and a defendant with opposing views that are generally not aligned. Instead, the patent application process is one in which the patent applicant (inventor) works […]
