Facebook and the First Amendment

Facebook and the First Amendment

    Jennifer O’Brien had been employed as a school teacher in Paterson, New Jersey for many years. In December 2010, O’Brien was assigned to teach the first grade. There were about 700 students in the school where she taught, and the student body consisted almost entirely of minority students, including African Americans and Latinos. […]

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 […]

Facebook sued again…

  Larry Klayman, an attorney and General Counsel of an organization called Freedom Watch, brought an action against Facebook, Inc. and Mark Zuckerberg, founder and CEO of Facebook, Inc., (collectively referred to as “Zuckerberg”) asserting claims of assault and negligence. Zuckerberg filed a motion to dismiss, which the court granted just a couple weeks ago. […]

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 […]

The Fair Use Doctrine: Does a Parody Qualify?

By: Tyler Hampy As mentioned in my last post, this post will continue the discussion on the fair use doctrine. Specifically, this post will discuss whether parodies of copyrighted works can be considered fair use. To recap, the fair use doctrine permits the legal use of copyrighted material without first acquiring permission from the copyright […]

Do you remember the ridiculously cheesy LifeCall commercial that first aired in 1989?  Perhaps you may be able to recall it better with this famous catchphrase, “Help!  I’ve fallen and I can’t get up.”  Do you now remember?  LifeCall, a medical alert and protection company produced this commercial showing an elderly woman fall within her […]

Inequitable Conduct

How do I defend allegations of patent infringement? An attorney may choose to argue that the infringed patent is invalid. However, an alternative strategy may entail a claim of inequitable conduct. A successful claim of inequitable conduct renders a patent unenforceable because the court will exercise its power of equitable discretion not to enforce the […]

You started your company four years ago and everything is going well when all of a sudden you are handed a cease and desist letter.  The letter informs you that you are using another company’s trademark – their company name.  What are you to do? With the world increasingly getting smaller thanks to the internet, […]

By: Mark R. Malek I am sure everyone has starved themselves to the point of near collapse in anticipation of the Thanksgiving Holiday Weekend.  For the sake of showing that the Patent world is very in touch with the holiday season, we would like to share with you some Thanksgiving related patents that we came […]

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