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Widerman Malek Law Blog

What is Intellectual Property?

If someone asked you about Intellectual Property, would you know what they were talking about? Would you think it was a smartly built house? Maybe one of those smart phones? You would be wrong if those were your guesses. Intellectual property has to do with creations of the mind. A painting by Van Gogh would […]

Four Biggest Trademark Myths

A trademark has to be registered before protection starts. Although registering a trademark is always a great idea, protection of the trademark actually begins when the symbol or name is first used on the product or service (simply using in marketing materials is not enough).  The criteria for protection includes:  the symbol must be in […]

Social Media and Breaking the Law

Many businesses these days use social media to help reach customers. They post status updates on Facebook – they tweet sales and thoughts on Twitter.  It’s working too!  Customers love to keep up to date with what’s on sale, what discounts are being offered and special promotions.  Customers especially love the interactive nature and informal […]

Search Engine Optimization and Trademark Infringement

Search engine optimization is a crucial aspect of a company’s online business success. It is what makes them visible to their potential customers. Before we move forward into the case at hand, let’s further understand the definition of a trademark and what it protects. A trademark is a word, symbol, or phrase, used to identify […]

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 […]

Tips to get the most out of an intellectual property license

Licensing your intellectual property allows you to contribute to innovation in a broader sense by allowing others to access your ideas and innovations, and it helps you earn more money on your own innovation. Navigating the world of an intellectual property license is difficult, as you want to strike a balance between your interests and […]

How to keep your product from being counterfeited

As a business owner, the last thing you want or need is to find out some third-rate company is making knockoffs of your product and selling them to your consumers.  Not only might someone try to take you to court if the knockoff causes harm, it also severely harms your sales and hits you in […]

True or False – Questions About Intellectual Property

T or F? Improvements to old technologies may be patented.  True. You actually can get a patent on an improvement to an old technology as long as the improvement is something new and it’s not just an obvious improvement—that’s the key. In fact, most technologies are just improvements to things that have come before. T […]

The Feds Win!

The Voice of America was created in 1942.  It became famous during World War II when radio emcees would broadcast news, songs, updates and even propaganda to US and Allied citizens, and also to listeners in “enemy territory” who could pick up the broadcast signal.  By the end of World War II, they provided content […]

Hints and tricks to help you register your first trademark

You’ve got a great idea on a new product or service and you know exactly what you want to name it.  Because you’re sure this will be your name, you might think that one of the first things you do is to register the trademark. But in reality, rushing to be first might not always […]

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