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Widerman Malek Law Blog

High Court Strikes Down Offensive Trademarks Ban

The U.S. Supreme Court ruled Monday, June 24, 2019 that a federal ban on the registration of “scandalous” trademarks such as “Fuct” violates the First Amendment.  This comes less than two years after striking down a similar rule against marks deemed “offensive”. In a 6-3 vote, justices said the provision was an unconstitutional form of […]

Supreme Court to Tackle Issue of Who Pays Trademark Litigation Fees

The US Supreme Court agreed to decide whether the US Patent and Trademark Office’s policy of requiring its attorneys’ fees be paid regardless of the outcome of the case is legal. The district court circuit split arises from language in both the Patent Act and the Lanham Act that requires applicants, who file de novo […]

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 […]

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