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Widerman Malek Law Blog

It’s Pickleball Time! Are You Ready?

A paddle sport, Pickleball combines elements of badminton, table tennis and tennis into one game. This sport takes an oversized ping-pong ball, plays on the court the size of a badminton area with a net that is tennis-sized. The greatest thing about the sport is that it can be played by many ages and it […]

Holten vs. Narconon Arrowhead

Imagine a loved one has fallen into a cycle of substance abuse. You’re able to address the situation with this person and agree that help is required. You do your research, you find specialists in the area and this person decides to take the next step of moving into a facility where they can be […]

The Fight Over Use of “Crystal Glamour” is Decided

Austrian crystal jewelry maker, Swarovski has decided to not renew its trademark “Crystal Glamour”. In 2005, Swarovski received the registration for the term and filed the trademark as a “proposed to use” basis. However, their claim to the trademark was disputed by Crystal Knitters, a textile manufacturer from Tirupur.  Crystal Knitters claims that they have […]

The Importance of Filing for Both Utility and Design Patents

While watching Shark Tank Season Five, Episode 10, I was reminded of the importance of filing for both a design and utility patent. The show aired a young family looking to gain financial backing to expand their growing lunchbox business. The couple started Yubo, an environmentally friendly customized lunchbox company. The beauty of their design […]

Is it Scramble or Scrabble?

Smartphone word games popularity has exploded but is it because of their similarity to already existing word board games? The Mattel toymaker would argue this is indeed the case. They filed a lawsuit against Zynga for using a brand name too closely resembling their own. They argue that Zynga’s “Scramble with Friends” online word game […]

Melbourne Civic Theatre – The 2013-2014 Season has Begun

Melbourne Civic TheatreMelbourne’s Melbourne Civic Theatre began its 2013-2014 season just a few weeks ago with Laughter on the 23rd Floor which ran from August 2nd through September 8th. While this first show has just completed its run, there are many more to look forward to this season beginning in just a couple weeks.

Started as the Indian River Players in 1951, the Melbourne Civic Theatre (MCT) adopted its new name in 1988. They currently perform in the 93-seat La Galerie on East Strawberry Avenue in downtown Melbourne. Show tickets are very reasonably priced at $25 for adults and $23 for seniors (aged 62 and older), military (active and retired), and students (must be full-time and aged 25 or younger) for individual shows. A season “flex pass” is also available at $115 for adults and $105 for seniors, military, and students. The “flex pass” allows entry into five performances, not including the holiday show.

Celebrating 20 Years – Melbourne’s Fall Festival

Melbourne FlaFor the 20th year running Melbourne Main Street’s “Fall Festival” is just around the corner. The festival is being held this year officially on Saturday, October 5th and Sunday, October 6th (with some pre-events on Friday, October 4th) among the beautiful historic downtown area of Melbourne. On a typical day in the downtown area, visitors can partake in shopping, dining, and even yoga – the fall festival adds to the already vibrant area with live music, family activities, and more food and drinks!

Catering to families, retirees, and young adults/professionals, this festival is the place to be in Melbourne the first weekend in October with over 30,000 people expected to attend. East New Haven Avenue will act as the main thoroughfare for the festival with many of the side streets serving as branches with additional vendors. Main attractions this year include the main stage, the Gen-X Motors exhibit, food court, the Rockstar Energy Drink side stage, and a kids zone.

The McKee Botanical Gardens – Peace and Beauty in the City

McKee Botanical GardenA mere thirty miles south of Melbourne, just off route 1, you will find yourself in Vero Beach. It is here that you will discover the McKee Botanical Garden, one of the oldest tourist attractions in Florida!

Originally established in 1929 as the McKee Jungle Gardens, it was developed with the help of William Lyman Phillips, often viewed as the creator of tropical landscaping. It was at this time that waterways and trails were established and both native and worldwide flora and fauna were planted. By the time the 1940’s rolled around, upwards of 100,000 tourists visited the Gardens each year. Unfortunately, with the opening of some of the bigger theme parks in the area in the 1970’s the Gardens had to close down. Of the original 80 acres occupied by the Gardens, all but 18 were sold off and developed. These final 18 acres sat around undeveloped and untouched for over 20 years. Things turned around in 1995 when the Indian River Land Trust purchased the land after leading a successful fund-raising campaign. The Garden’s formal re-opening dedication was held in 2001.

Oral Modifications to Written Lease/Rental Agreements: Are They Valid? Vol. 1

I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]

I Bet My Crab is Faster than Yours

Nashville may have the Kentucky Derby, but here in Melbourne, FL we have the Crabtucky Derby.  The Crabtucky Derby is crab racing! The National Crab Racing Association organizes hermit crab races every Tuesday night at Crickets Spirits Sports and Food located at 1942 N. Wickham Road. Bar patrons can participate for free in the crab […]

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