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Widerman Malek Law Blog

The Purpose of Trademarks

Trademarks can serve multiple purposes and they can vary according to the company and what their overall intention is. There are two main purposes that a trademark serves. One is distinguishing and identifying services or goods that a seller or manufacturer sells or is sold by other companies or sellers. The second is to give […]

The Reasons Fashion is Hard to Trademark

Expensive designers that sell their clothing for thousands of dollars for one item are not very affordable to the masses, so how do people that cannot afford those prices wear clothing that looks like a million bucks? Or how does the average consumer dress just like their favorite celebrity when they cannot afford those hefty […]

Trademarks and recognition

When someone needs a tissue do they ask you for a tissue?  No.  They most likely will ask you if you have a Kleenex and not think anything about it.   Tissues are not Kleenex, but Kleenex is a brand of tissue.  It has become a household word and goes to show you how important a […]

The Hype-Wipe trademark lawsuit

Companies and individuals who invent a product or brand are understandably protective of their invention. To see how far a company will go to protect its brand name is evident in a trademark lawsuit from June of 2014.  It involves an innovative 12 year old and a dirty cell phone screen. While most 12 year […]

Terrible Trademark Trends

It’s likely at some point you’ve read something in a magazine or online that had a ™ by the name of a product. That is the symbol for trademark. A trademark is used to identify things that are produced or offered by a certain company, like the Adidas three strip trademark. Yes, stripes can be […]

Hot Dog! It’s a Handbag

The fashion phenomenon Louis Vuitton filed a lawsuit in 2007 for trademark dilution and copyright infringement. The case was formally known as Louis Vuitton Malletier v. Haute Diggity Dog. The suit was against the pet product company called Haute Diggity Dog. It was based in Nevada and created a product line called Chewy Vuitton. They […]

Four Biggest Trademark Myths

A trademark has to be registered before protection starts. Although registering a trademark is always a great idea, protection of the trademark actually begins when the symbol or name is first used on the product or service (simply using in marketing materials is not enough).  The criteria for protection includes:  the symbol must be in […]

Hints and tricks to help you register your first trademark

You’ve got a great idea on a new product or service and you know exactly what you want to name it.  Because you’re sure this will be your name, you might think that one of the first things you do is to register the trademark. But in reality, rushing to be first might not always […]

Interesting Famous Intellectual Property Disputes

Intellectual Property… You know that wonderful system that aims to foster an environment in which creativity and innovation can flourish. It’s supposed to be a ‘feel good’ approach to knowing that you’re covered and no one can take advantage of your priceless and genuinely unique inventions.  The laws behind IP are a bit more precise […]

Food for Thought: Images on the Internet

In this day and age where anyone can write a blog or put up a website many use images found on the internet to use to make their blog more interesting. Many times these bloggers or website owners will then be shut down after getting a threatening letter from an attorney over the use of […]

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