Widerman Malek Law Blog

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 […]

The Star Wars Controversy

Here is it 2016 and everything is Star Wars.  There are Star Wars clothing items, Star Wars phone cases, Star Wars shaped pancakes and Star Wars home accessories.  It’s crazy!  It’s hard to believe this popular movie has been a part of our culture for 39 years.  Most people who say the original in theaters […]

Do You Need An Attorney for Trademark Application?

Filing an application for a Trademark begins a legal proceeding.  The United States Patent and Trademark Office (USPTO) provide an attorney as part of the process.  However, you are not required to use the attorney provided.  You are legally allowed to provide your own for the process.  Here are a few considerations before you decide […]

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 […]

Do you need a trademark, a patent or a copyright?

Are you an inventor?  Do you always try and come up with a better way to do something?  Or maybe you are creative and enjoy writing or photography.  Whatever your interest is, if you are creating something, tangible or intangible, you will want to protect it from others cashing in on your work.  The problem […]

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 […]

Trademark Infringement Litigation in Florida

Did you know that states have trademark infringement laws as well as the Federal government? If you’ve obtained a federal trademark, you can file an infringement suit under federal laws, but don’t forget your state’s laws as well. Although states offer some level of protection, federal protection of trademarks is more extensive. The first step […]

Is Virgin Olive Oil a Thing of the Past?

If Richard Branson has his way, it might be.  Mr. Branson, the tremendously successful entrepreneur and chairman and founder of the Virgin Group has instituted a policy whereby the company’s lawyers aggressively target any company that uses the name Virgin in its own name, its marketing materials or within its URL. The Virgin group has […]

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