The Wizard of Oz is one of the most well-known stories around. Dorothy and Toto are known to many generations throughout the world. It’s difficult to imagine, but The Wizard of Oz was once the center of a trademark battle in court. The story “The Wonderful Wizard of OZ” was written by L. Frank Baum […]
Widerman Malek Law Blog
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 […]
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 […]
