News and Insights

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 […]

By: Mark R. Malek My last article provided a brief overview of the patent system.  I also wrote another article about why patents are somewhat important.  This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents.  This article will attempt […]

By: Dan Pierron As has been well publicized, starting March 16, the U.S. patent system will join the rest of the world by transitioning from a First-to-Invent system to a First-to-File system, where regardless of when they invented it, the first applicant to file an application with the USPTO has priority.  Many are predicting a […]

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 […]

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 […]

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 […]

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 […]

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 […]

What are the odds a case is going to trial?

Before starting my legal career, I often wondered how many civil cases actually go to trial.  I knew the number was small, but how many actually end up in trial.  Why is the number so small?  Is it just costs?  For the ones that do make it to trial, are they mostly bench trials […]

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