Widerman Malek Law Blog

The Wedding is Called Off. Who Keeps the Engagement Ring?

We all know people who have gotten engaged only to call off their engagement a few months later.  Did you ever wonder what happens to the ring?  Most of the times the ring is given back to the fiancé once the couple calls it quit.  Proper etiquette dictates that if the couple were to call […]

Different Types of Patent Applications

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 […]

Microsoft vs Google

Microsoft and Google are embroiled in a tiff over YouTube applications for mobile devices. Microsoft’s lawyer has complained that Google does not play fair and has denied Microsoft the necessary meta-data required to build a rich YouTube application for their Windows Phone (WP) that would enable WP users features such as can search for video […]

What are the odds a case is going to trial?

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 […]

What Eminent Domain Abuse Gets You

How many of you remember the Kelo vs City of New London eminent domain case?  I remember it clearly.  I was in shock that the work of our founding fathers and one of our own original Bill of Rights could so swiftly be taken away from us.  The town of New London used eminent domain […]

What does it take to create a trust?

A trust is an animal with several different heads.  In order to create a non-charitable trust, you need several different parts.  Section 736.0402, Florida Statutes, lays out the requirements for creating a trust in Florida.  Non-charitable trusts require: (1) a settlor with capacity, (2) intent to create a trust, (3) a definite beneficiary, (4) duties […]

Classic Civil Commitment Proceeding: Miracle on 34th Street

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 […]

Can a Judge Make a Plaintiff Pay for Defendant’s Legal Fees?

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 […]

Software Licenses

A software license is a contract that governs the use and/or redistribution of software. Today, a lot of software is developed using open-source software. Open-Source software is typically licensed under an open-source license that permits users to study, use and modify the code. Developers sometimes run into trouble when they develop applications and they are […]

Can Someone Trademark Your Catchphrase After It Is Cancelled?

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 […]

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