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Widerman Malek Law Blog

Is There Legal Protection for Software?

Although the protection strategy has changed, the answer is yes. Until recently, software patents accounted for about half of all utility patents issued by the USPTO. Application of a 2014 U.S. Supreme Court case, Alice v. CLS Bank, effectively slammed the door on this practice. Likewise, software patents issued prior to this decision have been […]

Lee Resigns; Matal Appointed Acting Director of USPTO

In the day following Michelle Lee’s resignation as Director of the USPTO, Joseph Matal was announced as Acting Director.

Former Bank Manager Convicted in Connection With Trademark Fraud

Over the years, several of our clients have received trademark solicitations from what appeared to be legitimate entities, but which are in fact complete scams. I recently posted an article on LinkedIn regarding this issue. A typical example of one type of scam letter can be found in our previous article on this topic. A […]

Light Saber Choreography and Fight Companies Infringe on LucasFim

Star Wars has been popular for over three decades now, and with the latest movies coming out in the past few years, it’s no wonder that people are trying to cash in on them as much as possible. There’s still a strong following for the Star Wars movies, and there are a bunch of companies […]

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 […]

Basic Definitions of Terms in a Licensing Agreement

Many people believe that they understand certain words when in legal documents they could be used in another manner. Understanding legal definitions has been the downfall of several documents as many parties will sign them and believe that they understand entirely. With a licensing agreement, that could be a very costly mistake. Many who create […]

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 […]

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 […]

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