Martha Engel

Martha Engel

Winthrop & Weinstine, P.A.

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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

It’s Madness and We’re Dancing

Spring is here! Although it certainly doesn’t look or feel like it up here in Minnesota. And more importantly, March Madness is here!!!! Hope you have enjoyed watching the games thus far....more

3/22/2013 - Basketball March Madness NCAA Sports Trademarks

Hey Brand, Shh!: Is De-Branding the Next Hip Design Trend?

A couple months ago, Selfridges, a high-end department store based in London, launched a “No Noise” campaign. The initiative seems rooted in the company’s history; its original store featured a “Silence Room” to allow...more

3/6/2013 - Brand Marketing Retailers Trademarks

Batmobile: The Copyright Rises

Over the weekend, I saw an article in the Hollywood Reporter (which incidentally likes to quote our very own Catlan McCurdy, like here and here) discussing the copyright dispute over the 1966 Batmobile. Warner Brothers and...more

1/9/2013 - Copyright Infringement Summary Judgment Trademarks

If Only I Could Be A Lego Product Tester…

Santa brought me one of my favorite trademarked and patented products: a LEGO® set! Yes that is Mr. Firefighter dousing the flames on the LEGO® tree while holding a cup of coffee. The hero of my LEGOland!...more

12/26/2012 - Patents Trademarks Utility Patents

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