Trademarks are the building blocks for the success of a new company. There are numerous reasons why a company or an individual needs to secure a trademark, including: 1. Brand Protection The public identifies a trademark and then separates the products and services from the other products and services in that field, creating brand recognition […]
Widerman Malek Law Blog
How To Obtain A Software Patent
Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. In fact, since the initial […]
Protecting Software Using Patent And Trade Secret Law
Protecting Software Using Patent And Trade Secret Law Traditional legal strategies have pitted trade secret law and patent law against one another. This is because patents are made public while trade secrets must be kept confidential. However, there is a way to utilize the best of what both have to offer.
Overcoming Patent Application Rejections by the USPTO
35 USC §101 Rejections Since the U.S. Supreme Court decided Alice v. CLS Bank in 2014 there has been a drastic increase in 35 USC §101 rejections. The decision emphasized that inventions “directed to an abstract idea” are not patentable. The U.S. Patent Office has used this decision to reject a majority of software utility […]
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 […]
Even Celebrities Can Get in Trouble with Infringement Cases
Most celebrities are highly protective of their own brands and they will work hard to maintain their image. They aren’t always so protective of other people’s brands though, and even celebrities have been found guilty of infringement before. It’s pretty common for celebrities, particularly musicians, to get in trouble for copyright problems. Blurred lines by […]
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 […]
Intellectual Property Insurance
In the midst of Florida winter, it’s easy to forget about the dangers lurking from June to November. It’s been ten years since a major tropical system has made landfall in Florida. When was the last time your building caught on fire or a lightning strike completely fried your electronics? It’s probably been awhile. Yet, […]
