By: Mark R. Malek As many of you may know, the United States Patent System recently went through a little transformation on March 15, 2013. The biggest and most public of these transformations was the transition from a first to invent system to a first to file system (more on that later). One thing that […]
Pinterest, the latest thing in social networking sites, could potentially pose major legal problems for individuals or businesses using this service. With the tremendous growth Pinterest has seen since its inception in 2010 (as of February 2013 the site had over 48 million users), it is just a matter of time before some companies may […]
Kate Middleton is making news this week and it has nothing to do with her baby bump. The Duchess of Cambridge has applied to the U.K.’s Intellectual Property Office to trademark her name for charitable goods. She and her husband, Prince William, started The Royal Foundation of the Duke and Duchess of Cambridge back in […]
By: K. Olinga Mitchell Yes. It is certainly possible to obtain patent protection for applications written for mobile devices. Patent protection extends to software in the United States of America. Whether or not you should attempt to acquire patent protection is a business decision. A patent will protect your idea from potential competitors however this […]
In the United States, it is not registration, but actual use of a designation as a mark that creates rights and priority over others. Thus, the rule is that ownership of a mark goes to the first-to-use, not the first-to-file. That being said, trademark ownership is not acquired by federal or state registration, although registration […]
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 […]
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. […]
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 […]
