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Widerman Malek Law Blog

Copyright Infringement, Counterfeit Trademarks – Endangering Our Children?

No longer are only items such as fake Louis Vuitton handbags and Rolex watches being imported from China on the radar of law enforcement. The Department of Justice recently issued a press release of a federal indictment against five individuals and five corporations for selling imported counterfeit toys from China in the United States. These […]

2012’s Most Pirated Movies

By Daniel Davidson The human race has made it to see 2012 come and go even with the looming December 21, 2012 Mayan doomsday prediction.  Therefore, Tactical IP will continue to bring our audience exciting news, information and updates of the intellectual property world, which too has survived the unfulfilling apocalypse. With the survival of […]

Introduction to the Fair Use Doctrine

    To prove copyright infringement, the plaintiff must show that it owns a valid copyright and must establish that the defendant engaged in the unauthorized copying of the work protected by the copyright. “Copying” refers to the act of infringing any of the exclusive rights that accrue to the owner of a valid copyright […]

User Generated Content: Safe Harbor?

In an earlier post, I  discussed copyright infringement risks inherent to web sites that facilitate exchange of user-generated content (UGC). As the Internet’s popularity took off in the 1990s, governments of the world recognized the need to reconcile traditional copyright laws with the unique challenges of the information age, including UGC.  In 1998, the Digital Millennium Copyright […]

Apple vs. Samsung: Apple Gets One Billion Richer

    A jury awarded Apple over one billion and fifty million dollars in their lawsuit over patent infringements with Samsung. There were some troubling facts about the case though. The jury awarded an extra 2.5 million on a devise they ruled did not infringe on Apple’s patents. Sloppy. They also took only three days […]

Patent attorney Malek sees system overhaul boost to entrepreneurs

By Ken Datzman, Brevard Business News 05/28/2012


There are few government entities like the U.S. Patent and Trademark Office.

Beyond Wall Street, it is the rooted center of the universe of American capitalism. The office receives patent applications from entrepreneurs and businesses at the rate of more than 450,000 a year, with the majority filed electronically.

Some 6,000 examiners, generally scientists and engineers, review the applications, of which more than 150,000 a year are approved for patents.

As far as who can file to protect their invention, the patient office specifies only that the subject must be “useful.” The USPTO has granted more than 8 million patents since 1790.

These patented inventions help power the economy, in a big, sweeping way. Intellectual–property–intensive industries today support at least 40 million jobs and contribute more that $5 trillion to the U.S. gross domestic product, according to a U.S. Department of Commerce report

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