Martha Engel

Martha Engel

Winthrop & Weinstine, P.A.

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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

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

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

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

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

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

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

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