Widerman Malek Law Blog

Foreclosure Strategy

By Scott Widerman No one likes to be in a foreclosure action for sure, but if you are there, use it to your advantage. One of the most important things to determine once a foreclosure action is brought against you is what you want the outcome to be. Winning a foreclosure action is not really […]

There Is No Such Thing As A Complete Patent Search

By: Mark R. Malek My previous articles (see them here, here and here) have provided information on the requirements of disclosing prior art and about how to do some prior art searching.  Many times, I am asked by a client to provide them a “complete” patent search that locates every piece of related prior art […]

What is the Buzz around Vanity URLs?

Over the past summer Google+ has made a big deal about allowing select members to use vanity URLs.  Google stated, “At first, we’re introducing custom URLs to a limited number of verified profiles and pages. But over time we plan to offer custom URLs to many more brands and individuals, so please stay tuned!” Ok, […]

Trademark Refusal – Likelihood of Confusion

I’ve filed an application with the United States Patent and Trademark Office (USPTO) to register my trademark and I have received correspondence indicating that my registration of my applied for mark had been refused based upon a likelihood of confusion. What does this mean? One of the more popular rejections from the USPTO involves a […]

Trademarks, Blue Ivy and False Headlines

By Mark Warzecha I recently read an article in Rolling Stone with the title, “Jay-Z and Beyoncé lose bid to trademark Blue Ivy.” I thought this was interesting so I researched the US PTO. Contrary to the title of the article, Jay-Z and Beyoncé did not lose their bid trademark “Blue Ivy Carter.”   Actually, their […]

What do you do after losing at trial?

By: J. Mason Williams IV I lost my civil case, now what?  You decided to give it a go pro se, i.e. by yourself, but it didn’t work and now you have a final judgment against you.  So what do you do?  Well, under typical circumstances there are several possibilities in Florida. First, get in touch […]

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 […]

The Five Advantages of Mediation

Is it better to seek mediation rather than go to court to settle a dispute?  Mediation is defined by freedictionary.com as “a method of resolving an industrial dispute whereby a third party consults with those involved and recommends a solution which is not, however, binding on the parties”.  When a dispute occurs between two or […]

Trade Dress Your Product

In 1916, a glass bottle manufacturing company in Terre Haute, Indiana won a bottle design contest.  Their contour shaped bottle is today recognized worldwide by billions of consumers and is one of the most recognizable examples of trade dress protection.   The glass bottle company was The Root Glass Company.  The bottle they designed was for […]

Is My Cancellation of Debt Tax-Free?

I bought my condo in 2010.  I was living the American dream.  Life was good and then about a year later my circumstances drastically changed.  I was laid off from my company.  Suddenly paying my once very manageable mortgage became increasingly more difficult.  I began to struggle and had to dip heavily into my savings. I fortunately […]

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