We are back on the topic of eminent domain. This time we take a look at floating homes and maritime laws. Last Tuesday on January 15th, the U.S. Supreme Court ended the dispute on whether a floating home should be classified as a vessel and subject to maritime laws or whether it should be considered […]
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 […]
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 to […]
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. […]
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. […]
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 (decided […]
The Federal Trademark Dilution Act (“FTDA”), embodied in Section 43(c)(1) of the Lanham Act, provides that famous marks are eligible for federal protection when a third party’s use of the mark dilutes the famous mark’s distinctiveness, even in the absence of competition, likelihood of confusion, mistake, or deception. Protection against dilution does not exist to […]
The other day I sat down to watch the classic 1947 movie, Miracle on 34th Street starring Natalie Wood, Maureen O’Hara, John Payne, and Edmund Gwenn. For those who haven’t seen this movie, it is an exceptional well acted film. It is just a warm, good hearted movie that leaves you feeling happy after watching […]
In England, there is a law referred to as the “Loser Pays” Rule. The law states that the losing party of a civil litigation case must pay the winning party’s legal fees. The English created this law to deter individuals and corporations from making frivolous claims and wasting the judicial system’s time and also the […]
