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Widerman Malek Law Blog

Intellectual Property: A Threat from Within

The most costly data breaches are usually those that are created by a malicious insider. These people normally have access to things external hackers generally don’t have access to, like intellectual property, which in turn allows them to get into areas only known to them and to have additional insight as to the areas most […]

Is Someone Using Your Copyrighted Work?

Determine if your work that has been copied is protected by copyright law.  Copyright law protects the expression of almost every creative expression imaginable, as long as it’s fixed and original. It doesn’t protect ideas, facts and any utilitarian language. Imagine that you spoke to someone about writing a book about an investigator who needs […]

How Do I Enforce My Patent? Part 2: Cease-and-Desist Letters

By: Dan Pierron As mentioned in my previous post, one strategy in enforcing your patent is to send an entity that is potentially infringing your patent what is called a “Cease and Desist” letter.  The letter has a few core purposes. First, it provides “actual notice,” which is notifying the allegedly infringing party that you believe […]

Infringement Analysis: What To Expect

Imagine you are a patent holder, and you suspect a competitor may be infringing on your exclusive rights related to your invention.  You ask your patent attorney to help you stop the infringing behavior.  Your attorney (hopefully) responds by recommending an infringement analysis.  You may think, “Analysis?!?  What’s to think about?  I just want to stop […]

How Do I Enforce My Patent? Part 1: Overview

By: Dan Pierron Congratulations!  Your claims have been allowed, you’ve paid your issue fee, and you’ve received the seal and red ribbon! It’s been years in coming, and now you can kick back and relax, both your mind and your legal budget.  Right?  Maybe not.  Deciding how to utilize a single patent or an entire portfolio […]

Yandy Infringes Upon Sesame Street’s Big Bird Trademark

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 or […]

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