Martha Engel

Martha Engel

Winthrop & Weinstine, P.A.

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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

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

Playing Games Over ANGRY BIRDS

The internet was aflutter yesterday over a lawsuit involving Angry Birds. The artist who created a pet toy line is apparently quite angry that she’s not racking up gold coins from a lucrative license agreement for the mark...more

8/7/2014 - Angry Birds Copyright License Agreements Mobile Apps Trademarks

The World Cup of Counterfeit All-Stars

There’s a sports fever in the air of the homeland of the DuetsBlog team. The World Cup final is Sunday and, from my office window, I have seen an ever-growing number of soccer fans on the rooftop lawn of Brit’s Pub to watch...more

7/11/2014 - Baseball Customs and Border Protection Soccer Spectator Sports Trademarks

It’s ‘MERICA Weekend

July 4th weekend usually makes me think of three things: the cabin, my favorite random historical facts about Presidents (did you know this?), and the Declaration of Independence. In fact, I always encourage people on July...more

7/7/2014 - Trademarks

IP Solicitation Scams on the Rise

In recent months, an increasing number of companies have reported receiving official-looking intellectual property notices and solicitations. These fraudulent solicitations may take the form of invoices, renewal notices, or...more

7/1/2014 - Copyright Fraudulent Inducement Patents Popular Solicitation Trademarks USPTO

Brewing Brewery Brawl: Busch Not Happy with NATTY

You know that beer that you would drink in a basement, but now that you acknowledge that you are actually an adult, you would not be caught dead buying in a liquor store or requesting at a bar or restaurant? We’ve all got...more

6/26/2014 - Anheuser-Busch Dilution Trademarks USPTO

Karl the Infringer: Parody of New Balance Sneaks Up on Lagerfeld

Sometimes there is a news story that neatly weaves a bunch of DuetsBlog posts together like a Bottega Veneta shoe fabric design. Sometimes that story comes from hard-hitting news authority TMZ, founded by attorney and former...more

6/11/2014 - Trademark Litigation Trademarks

Design Patent Wars: The Icon Menace

Much of the success of Apple products can be traced to Apple’s emphasis on design as being equal or greater than the technical advancement of its products. Talking with a product designer the other day, we both remarked on...more

5/22/2014 - Apple Design Patent Trademarks

Skee The People: Bar games, brewskies, and trademark disputes

In addition of course to good beer and good friends, a good bar for me is defined by a good game: photo hunt (the NSFW version) and foosball at Murphy’s, bar olympics at Steny’s (where I dominated at the tricycle races),...more

5/19/2014 - Generic Trademark Litigation Trademark Trial and Appeal Board Trademarks

Burger With a Side of Fashion – Moschino spoofs McDonald’s

You may have previously read my post about apparel companies spoofing luxury fashion brands, but in Milan, one luxury fashion brand spoofed brands perhaps a little more familiar to the average Joe or Jane....more

3/19/2014 - Fashion Branding Infringement Trademarks

There is only one Lord of the (Olympic) Rings…but then there was Sochi

As we have posted about more than a few times on DuetsBlog over the years (like here and here), the OLYMPICS trademark and the Olympic Rings mark are highly enforced marks that uniquely bear special protection granted from...more

2/19/2014 - Logos Olympics Trademarks

PAPER in a Digital Age

On the cusp of its 10 year anniversary, Facebook announced the “Facebook Paper” app – a combination of social networking and content feed that seems strikingly similar to one of my favorite apps Flipboard, with some of the...more

2/7/2014 - Facebook Trademarks

1st & Ten at the Super Bowl: The Brand You Probably Don’t Know You Know

The NFL is known as a trademark monetizing machine, and this year’s “POT BOWL” is not without its share of trademarks stories. It was recently reported that running back Marshawn Lynch of the Seahawks makes six-figures (for...more

1/24/2014 - Brand NFL Super Bowl Trademarks

I <3 Ur Emoticon, But Does It Indicate Source :-/

In a world where communications are shared in a space of less than 140 characters, emoticons are often a part of the lexicon for most texters, tweeters, gamers, and smartphone screen tappers. I have an app, Emoji, that turns...more

1/9/2014 - Gap Inc Trademarks

I’ll Take a BLACK FRIDAY Beer, Please

I went to Best Buy on Monday to pick up a new modem (it probably would sound cooler if I said I was getting the Xbox One, but the truth is it was a modem). It’s been a little chillier than average here in Minnesota this...more

12/2/2013 - Black Friday Trademarks Wine & Alcohol

Ballin’ Spoofers Ain’t Homies of Luxury Brands

As hipsters continue to rule the world, parody shirts, hats and other apparel have become increasingly prevalent, much to the dismay of luxury brand owners. Here are some recent examples...more

11/7/2013 - Brand First Amendment Likelihood of Confusion Parody Trademarks

Building a Smarter Counterfeit Strategy

When I have watched the ad below around some savvy marketing and supply-chain management folks, the reactions have been generally been in the “wow – that’s really cool” vain. IBM seems to really be doing something right...more

9/18/2013 - Counterfeiting Marketing Supply Chain Trademarks

How do you trademark freedom? HARLEY-DAVIDSON

Ten years ago, I went to my first Harley fest in Milwaukee as a student at Marquette. It happened to be Harley’s 100th Anniversary. Not really growing up among Harley riders, it was my first true experience with the Harley...more

9/6/2013 - Harley-Davidson Trademarks

Leaning In on SATURDAY: The Trademark Gender Gap

Tim’s post last week on the dispute between Victoria’s Secret PINK (a women’s lingerie and loungewear line) & Thomas Pink (predominantly known for its menswear line) reminded me of a Women’s Wear Daily article that I read...more

8/15/2013 - Gender Equity Infringement Trademark Litigation Trademarks

Infomercials: So was HAIR BLENDER taken?

One of the best things about television is terrible (or terribly hilarious) infomercials showcasing American ingenuity. Behold, one of the latest …The Air Curler®....more

7/26/2013 - Brand Intent-to-Use Patents Television Commercials Trademark Office Trademarks

Smart ad for Smart car

They happen relatively rarely, but I actually saw a car ad spot recently that, while somewhat risky, I found to be very creative and effective. The spot by BBDO Berlin is called “Offroad,” and it features the Smart Fortwo...more

7/5/2013 - Advertising Marketing Smart Car Trademarks

I Entertain Therefore I AM

There was some news yesterday that Will.I.am of the Black Eyed Peas “sued” Pharrell Williams, one of my favorite producers and member of N.E.R.D. and The Neptunes, over the I AM OTHER brand. If you have never heard of...more

6/28/2013 - Brand Celebrities Copyright Infringement Music Industry Trademarks

Colliding Trademark Particles?: Big Brain Theory and Big Bang Theory

Amidst the ugly so-called “spring” weather we’ve been having here in Minnesota, I was watching The Discovery Channel the other night and saw a promo for this new show....more

4/17/2013 - Television Shows Trademarks

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