Martha Engel

Martha Engel

Winthrop & Weinstine, P.A.

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For Game of Thrones Beer, Quoth the RAVEN “Nevermore”

The HBO show “Game of Thrones” is a popular show for nerds and non-nerds alike. And if you also happen to be a beer nerd, Brewery Ommegang has been making a series of Game of Thrones-inspired beers in a collaboration with...more

5/28/2015 - Beer Breweries Trademark Infringement Trademark Litigation Trademarks Wine & Alcohol

Trademarks Can Be a Bitch

And I mean that literally. We’ve laid down a lot of digital ink in the past about pejorative marks – lately in reference to the Redskins and The Slants, both of which have been deemed disparaging enough to deny them a...more

5/13/2015 - Disparagement Offensive Language Popular Trademarks Young Lawyers

Trolling for an Inventive Method for Patent Enforcement

In the wake of Jon Stewart and Stephen Colbert leaving their respective shows on Comedy Central for newer pastures, John Oliver has emerged as a new beacon of political humor and satire. If you haven’t watched his show, and...more

4/22/2015 - Inventors Non-Practicing Entities Patent Assertion Entities Patent Trolls Patents Technology Trademarks

The Keys are in the Design

We often ask kids this question: “what do you want to be when you grow up?”  While my trajectory towards lawyering is true, my answer wasn’t always immediately “lawyer.”  I sought something that satisfied my passion for the...more

4/9/2015 - Auto Manufacturers Automotive Industry Design Patent Patents Trademarks

March Madness For INNOVATION

Following a nice evening out chatting with Kevin O’Keefe, it’s time for my favorite weekend of all – the NCAA tournament. Now this post isn’t necessarily about basketball, but rather rivalries. In particular, rivalries...more

3/19/2015 - Breweries Tag Line Trademarks

Deck Stacked Against HOUSE OF CARDS

No spoilers here, I promise.  Like many Americans since it was released on Friday, I’ve been binge-watching Season 3 of House of Cards.  If you haven’t watched the program, available only on Netflix, it’s a riveting drama of...more

3/4/2015 - Entertainment Industry House of Cards Netflix Television Shows Trademarks USPTO

The NORTH STAR Guides One to Trademark Issues

Minnesota is known as the North Star State – L’Étoile du Nord. The state of hipsters, unique dining experiences, bitter cold winters, gorgeous summer nights, and fantastic craft brewers also has an impressive craft cocktail...more

2/25/2015 - Beer Likelihood of Confusion Trademarks Wine & Alcohol

Web Developer Swipes Left on TINDER

Tinder received an early Valentine’s day note in the form of a lawsuit from a lesser known web developer named WildFireWeb. For those of you coupled folks hopefully unfamiliar with the service, Tinder is a free dating...more

2/12/2015

The Controversial SAWS of “Justice”

What if the Trademark Office took Taylor Swift’s controversial new trademark applications and stalled examination of them, preventing them from getting approved, despite having no legitimate basis to refuse their...more

2/11/2015 - Legislative Agendas Patent Trolls Patents SAWS Trademarks USPTO

Who Needs the Lombardi When There is the Clio

It’s the week before Super Bowl, the week when I can’t look at my Twitter feed. Why? Well because I follow Ad Age, Adweek, the Minneapolis Egotist, and enough of you creative folks that my feed has been inundated with...more

1/29/2015 - Advertising Clio Award Super Bowl

The Odds and Evens of Q’s: Trademarks in the Car Industry

Last week was the North American International Auto Show in Detroit, one of the top trade shows in the automotive industry. The highlight of the show for car buffs was the new Ford GT, which I will try not to drool too much...more

1/20/2015 - Auto Manufacturers Automotive Industry Likelihood of Confusion Trademarks

BLACKHAWK Down: Registration Refused Based on Relatedness of Wine & Beer

While the Minnesota state legislature ponders whether consumers should be able to purchase liquor on Sundays within the state, the U.S. Trademark Trial and Appeal Board (TTAB) has once again concluded that consumers are...more

1/14/2015 - Beer Likelihood of Confusion Mendocino Brewing Sonoma Estate Vintners Trademark Trial and Appeal Board Trademarks USPTO Wine & Alcohol

A Charlie Brown Red-Nosed Reindeer

If you celebrate Christmas, and even if you don’t, you probably have a favorite Christmas-themed movie. Elf? A Christmas Story? Miracle on 34th Street? National Lampoon’s Christmas Vacation?...more

12/12/2014

Oh What A Tangled WEB We Weave When First We…Try To Show Use

In order to get a trademark registered or maintain a registration, an example of use of the trademark (referred to by trademark nerds as a “specimen”) must be submitted to the US Trademark Office. Often trademark attorneys...more

12/11/2014 - Registration Trademarks Use in Commerce USPTO Websites

Giving Thanks

As “Black Friday” store openings creep earlier and earlier into Thursday, I’m growing concerned that my favorite holiday Thanksgiving is losing its luster. ...more

12/1/2014 - Holidays

Sweating Out a COREPOWER Coexistence

Aside from my propensity for laughter, there are few things that can instantly improve my mood quite like an impromptu dance party or hot yoga sculpt. Yes, hot yoga sculpt – yoga with weights and cardio in a very hot room...more

11/21/2014 - Color Marks Logos Trademarks

Trending Topic: The Branding Influence of the Ad World on the Legal World

We’re fans here of saying that we aren’t Dr. Nos; we try to create a symbiotic relationship between creatives and their lawyer counterparts. But more often then we realize, the advertising world affects the legal one. I may...more

11/13/2014 - Big Law Brand Popular Young Lawyers

I’m a Patent Attorney – Isn’t that Scary Enough?

A Hoppy Halloween from all of us ghoulish folks here at DuetsBlog! Spending for Halloween this year is likely to hit $11 billion dollars, possibly more than is spent decorating for Christmas. This fact is easily...more

10/31/2014 - Holidays Patents

Targeting an Old Liquor Store

When I moved from Minnesota to Wisconsin to go to college, among the local customs that I had to get acclimated to were the revulsion against the word “pop” for carbonated beverages named “soda;” hearing classmates say “I...more

10/16/2014 - Target Trademarks USPTO

HOW To Support a Lawsuit in 140 Characters or Less

It’s not too often that we see a trademark dispute that affects the marketing and advertising community directly (rather than just their clients), but the facts on this one read like answers to the Five W’s...more

10/9/2014 - Advertising Marketing Trademarks

The House That Solitude Built

Ever tried to search for directions on your so-called “smart” phone by the name of your intended destination? What if it directed you to the museum you searched, but unwittingly not the museum you intended to visit…in the...more

9/22/2014 - Trademarks

Silicon Valley x Fashion District = Blurred Lines

Growing up in the 80s, it’s amazing how both fashion and technology have evolved since Scrunchies and Commodore 64s – although a quite separate evolution. I can’t recall a fashionable pager (really, go try to find one), or a...more

9/17/2014 - Apple Design Patent Fashion Industry Fitbit Patents Personal Brands Tech Industry Wearable Technology

Is Deadmau5 a Dead Mouse?

With the NFL season in full swing and my fantasy football league thus far undefeated, as well as some really interesting tech stuff on fashion week, I really wanted to focus on something fascinating and fun on this...more

9/5/2014 - Deadmau5 Disney Trademarks

Hey Commish, Can You Trademark The (Fantasy Football) League?

All around America, men will soon gather in front of their computers feverishly conducting research, generally wasting time, and participating in one of the manliest things they likely will do for quite some time: their...more

8/20/2014 - Fantasy Sports Football Popular Trademarks

The C-word and IP Rights

No, not that c-word. The protection and enforcement of intellectual property rights involves a plethora of c-words: copying, counterfeit, copyright, cease-and-desist, CIPO (the Canadian IP Office). But the one I am...more

8/13/2014 - Cease and Desist Copyright Copyright Infringement Counterfeiting

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