Anjali Shankar

Anjali Shankar

Winthrop & Weinstine, P.A.

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Latest Publications


Crushing the Competition

The first time I head the phrase “Candy Crush,” I remember thinking it was something edible. In actuality, Candy Crush (also known as “Candy Crush Saga”) is a game developed by the developer, Ltd. (King) for Facebook...more

2/21/2014 - Trademark Bullying Trademarks

The Gold Medal Of Trademarks

It’s the season of great sporting events, with the Super Bowl and Olympics just around the corner, and with that comes a host of new advertising campaigns. Companies should beware of infringing on Super Bowl and Olympic...more

1/17/2014 - NFL Olympics Trademarks

Don’t Let Labels Hold You Back

Pantene Philippines has recently launched a new ad identifying gender stereotypes in the workplace. The ad is part of Pantene’s #WhipIt campaign. The ad has been trending on social media and has been noticed by Sheryl...more

12/13/2013 - Advertising Brand Sheryl Sandberg

Had Your Charbucks This Morning?

Annie Clark and her husband, Jim, own a mom-and-pop shop called Black Bear Micro Roastery in Tuftonboro, New Hampshire. Black Bear introduced its Charbucks blend in 1997, which is a dark roast coffee. In 2001, Black Bear...more

11/22/2013 - Dilution Infringement Starbucks Trademarks Unfair Competition

“The Slants”: Offensive or Cultural Satire?

A band comprised of Asian-Americans from Portland, Oregon has been trying to trademark its name, “The Slants,” for years, but the U.S. Patent and Trademark Office (USPTO) has denied the registration on the grounds that the...more

10/25/2013 - Brand Music USPTO

“Raging Bull” Copyright Case To Be Heard By Supreme Court

In 1980, Robert De Niro starred in an Oscar-winning boxing movie, “Raging Bull.” A suit has been brought by Paula Petrella, whose father, Frank P. Petrella, wrote the book and screenplay for the movie. Frank Petrella and his...more

10/4/2013 - Copyright MGM Movies SCOTUS Trademarks

The Importance of “Employment Branding”

Last week, I had an opportunity to speak on a panel at the annual Work/Life & Flexibility Expo in Minneapolis, Minnesota. The Expo recognizes businesses who have successfully implemented workplace flexibility initiatives. ...more

9/20/2013 - Brand Corporate Culture Flexible Work Arrangements Recruitment Incentives Recruitment Policies

Working Remotely: Legal Implications for Employers

Shifting Paradigm - Recently, there has been an increase in popularity of alternative work schedules, working from home, telecommuting and flexible work hours. The shift centers around employees seeking to work where...more

9/19/2013 - Risk Management Telecommuting

Seagate Technology’s $630 Million Trade Secret Win Reinstated

Protection of a business’s trade secrets may prove more difficult with the rise of social media and the recent debates surrounding the use of non-compete agreements. Social media, while a great tool for expanding networks,...more

8/26/2013 - Jury Verdicts Reinstatement Trade Secrets

Costco In Hot Water Again

Costco is in some hot water after being sued by Michael Kors....more

7/18/2013 - Costco Injunctions Marketing Trademarks

Trademark Win for Bubbles by Brooks

Amy Brooks, from Rochester, Minnesota, has been selling handcrafted soaps that are designed to reduce skin irritation for cancer patients going through therapy. Brooks herself is a cancer survivor and has sold this product...more

6/21/2013 - Brooks Brothers Infringement Small Business Trademarks

Louboutin International Trademark Dispute

Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels...more

5/24/2013 - Christian Louboutin Dilution Fashion Design Fashion Industry Trademarks

Updated Form I-9

Beginning May 7, 2013, all employers must begin using the new Employment Eligibility Verification Form I-9, with a revision date of March 8, 2013. Employers who fail to use this new form beginning on May 7, 2013, may be...more

5/8/2013 - Eligibility Forms Hiring & Firing I-9 Verification Requirements

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more

4/15/2013 - At-Will Employment Copyright Damages Hiring & Firing Infringement Termination

Team Mascots: Balancing Tradition and Cultural Sensitivity

During my years at the University of Illinois – Urbana Champaign as an undergraduate student, the student body became embroiled in a heated debate about the continued viability of our team’s mascot. Our mascot was the...more

3/21/2013 - Native American Issues NCAA Sports Team Mascots

Copyright and Historical Landmarks

I recently heard that Dubai has planned to build a replica of the Taj Mahal, which will be four times the size of the original and is expected to be completed in two years. The Taj Arabia complex featuring the replica of the...more

2/21/2013 - Architectural Copyrights Copyright Historical Landmarks

Product Placement in Movies

As someone fascinated by the movie industry, I am always curious about product placement in movies. I wonder how strategic the placement of a product is. Sometimes product placements can be rather ostentatious, as in “The...more

1/23/2013 - Anheuser-Busch Movies Paramount Pictures Product Placement

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