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Widerman Malek Law Blog

Do I Need Intellectual Property Protection?

Intellectual property law has been around for well over two hundred years.   It has been added to and rewritten in efforts to keep up with the changing times.  The internet forever changed the way material is published.  To protect your original works, you need intellectual property protection.  The good news is that it may be […]

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 […]

Do the Redskins Have to Change Their Name? NO!

A Federal Judge ordered cancellation of the Washington Redskins federal trademarks. That is not the end of it. This does not mean they have to stop using the name.

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 […]

The Left Shark Phenomenon

Can you trademark a costume containing an uncoordinated dancer? This is a question that has been in the news recently thanks to Katy Perry. The performer attempted to file a registration request to trademark the image of a rather uncoordinated shark. Her legal team went so far as to file claims of copyright violations against […]

Shredded Wheat by Any Other Name…

The argument over intellectual property rights has been around for a long time. There is a quote from Thomas Jefferson where he talks about those who receive ideas from him are receiving a lesson. He says that it doesn’t diminish his idea. He likens it to someone lighting a candle from the light of his […]

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 […]

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