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Widerman Malek Law Blog

The US Patent and Trademark Office Remains Open During Government Shutdown

At 12:01 AM on January 20, 2018, the United States Government went into shutdown based on impasse in congress over budgeting.  Of course, the United States Patent and Trademark Office (USPTO) is an agency of the United States Government.  The government shutdown applies to all “non-essential” government agencies.  For example, agencies that are considered as […]

Why Intellectual Property Insurance Makes Sense

If you own a major company that relies on intellectual property as one of the most important elements to success, and this is often a part of most major companies, then you should consider getting intellectual property insurance. This is an insurance property that protects the intellectual property of your company, and helps cover your […]

How Intellectual Property Laws Help Make Athletes More Effective

While it might sound a bit out there, intellectual property laws are part of what helps athletes improve. Athletes rely on technology and tools just as much as the next person, and some of the created technologies available make them better than they were before. For this reason, most athletes have been improved thanks to […]

Why Intellectual Property Laws Were Created

Intellectual property laws are as old as the Middle Ages and they probably go back even farther than that, that’s just the oldest proof that we have that they existed at all. Anyway, back in the Middle Ages Guilds were given control of a specific profession or skillset. The guilds were given full control over […]

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 […]

Monetary Damages in Intellectual Property Cases

In most intellectual property lawsuits (relating to copyrights or trademarks, for example), it is often very difficult for a plaintiff to calculate the exact measure of infringement. Therefore, any damages are normally calculated as a multiple of the price for the use of the property.   Other statutes can set a determined amount for every day […]

Intellectual Property and Conflict of Interest

Intellectual property might be a mystery to many.  What is it?  Intellectual property is something created by a person, like a type of document that is created by using an individual’s intellect and creativity. Any person, who creates music, writes, makes a movie or takes photographs, can use the definition of intellectual property to describe […]

How to Buy Intellectual Property?

Intellectual property can be either owned by individuals or companies.  While many companies and individuals keep their creations, many companies own such intellectual property with the general idea of selling it under legal terms.  And there are times when an individual may prefer to sell the intellectual property rather than retain it for themselves. There […]

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 […]

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