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Widerman Malek Law Blog

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 […]

Protecting trademarks on social media

Social media is an excellent way to present your brand to new and existing customers. Much of commerce takes place online, and social media allows you to effectively market goods and services affordably. As others share your posts and products, new customers see your brand. Like much of the Internet, however, it is difficult to […]

Don’t buy that product!

As we enter the holiday season, shoppers will be bombarded with sales, commercials, promotions and even an ever-changing wish list from friends and family.  Last year, the US government seized billions of dollars of counterfeit products before it hit the stores shelves.  But – even those seizures didn’t stop the counterfeit trade, which is estimated […]

.Pharmacy Soon To Be Open

Years ago, there were many news stories related to online pharmacies that sold prescription drugs to consumers either without a valid prescription or by using prescription-mill doctors that never actually saw a patient and may or may not provide legitimate medications.  The FDA has worked hard to shut down these illegal online pharmacies, yet it […]

Where is Ski Town USA?

Most people think of Ski Town USA as Steamboat Springs, Colorado.  The Steamboat Ski and Resort Corporation trademarked the name in 1959.  Earlier this year, in order to entice more skiers to their city, the Visit Salt Lake organization started a campaign urging people to visit Ski City USA.  They advertised that once you visited […]

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 […]

Film Director Terry Gilliam Sued For Alleged Use of Street Mural in His New Film ‘Zero Theorem’

On August 12, 2014, the film director Terry Gilliam was sued over a mural painting in his latest movie, The Zero Theorem. A group of street artists, two from Argentina and one from Canada filed the lawsuit claiming the alleged plagiarizing their mural in Argentina. The lawsuit was filed in federal court in Illinois and […]

Thinking Globally

Trademarks registered in the US not only affect those living and working in the US.  Trademarks registered in other countries can impact those living and working in the US.  If you start to think about the reality of something as seemingly simple as a brand trademark, registered in the US, suddenly being used in products […]

The History of Who Dat???

Who Dat!”- The supporting cry for the New Orleans Saints is actually trademarked by a few San Antonio musicians.  In 1983, Steve and Sal Monistere recorded their own version of “The Saints Go Marching In” with a “who dat” chant in the song and shortly thereafter trademarked both the “Who Dat!” And “Who Dat?” phrases.  […]

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