Tiffany Blofield

Tiffany Blofield

Winthrop & Weinstine, P.A.

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What is all the Frap About?

Even in a small town in Germany or Mumbai, India, you will find a Starbucks Coffee Company (“Starbucks”) on the corner. Starbucks sells a billion dollars of my favorite Frappuccino drink a year throughout the world. To...more

11/21/2014 - Dilution Starbucks Trademarks

Gangster Or Not

As a huge fan of gangster movies, I was intrigued by a recently filed lawsuit in California. Although I am familiar with actor Frank Sivero’s work in “The Godfather: Part II” and in “Goodfellas”, I am not familiar with the...more

10/30/2014 - Fox Television Stations Infringement Misappropriation Right of Publicity Television Shows The Simpsons Unjust Enrichment

Claims of Copying a Girl’s Best Friend

If you thought this would be about diamonds you are wrong. It is about chocolate! My favorite candy REESE’S Peanut Butter Cup is at the heart of Hershey Co.’s (“Hershey”) recently filed suit against LBB Imports LLC...more

9/12/2014 - Trademark Litigation Trademarks

Absinthe Makers Are Not Toasting In Switzerland

Although once illegal in the United States, absinthe can now be consumed in your local bars. It was a favorite drink of writers and artists such as Ernest Hemmingway, Vincent van Gogh, Oscar Wilde and Pablo Picasso. ...more

8/22/2014 - Trademarks Wine & Alcohol

Adam Sandler Is Not Laughing

A beloved childhood game is at the heart of an intellectual property dispute. Landmark Entertainment Group, LLC (“Landmark”) sued Hasbro Studios (“Hasbro”) over the contractual and intellectual property rights in original...more

7/28/2014 - Candy Land Hasbro Landmark Entertainment Licenses Movies Popular

The Saga Ends

In the last few lines of To Kill A Mockingbird, Scout tells Atticus that “he was real nice.” Atticus responds, “most people are, Scout, when you finally see them.” I wonder if Harper Lee can now say that about the people...more

6/13/2014 - Books Copyright Copyright Infringement

“Lucky 13” Is Not So Lucky For Swift

Born on December 13, 1999, Taylor Swift touts the number 13 as her lucky number. The second sentence on her Website is “I love the number 13.” This love is often memorialized by a henna tattoo on her hand (see below). ...more

5/29/2014 - Infringement Taylor Swift Trademark Litigation Trademarks

UPDATE: Trademark Dispute Over TO KILL A MOCKINGBIRD Continues to Fly

The lawsuit that we told you about regarding a dispute over the trademark rights to the use of TO KILL A MOCKINGBIRD continues. See link below. The defendant Monroe County Heritage Museum brought a motion to dismiss. The...more

3/26/2014 - Trademark Litigation Trademarks

Heirs’ Right of Publicity

When I read about one of the recent “right of publicity” cases, I thought back to the Eighties and “Who Shot JR?” This is because Mary Crosby, as the character Kristin Shepard, was the one who shot JR in 1980 on the widely...more

2/7/2014 - Heirs Right of Publicity

Is Tiffany Generic?

Genericide kills trademark rights. It has been alleged that “Tiffany setting,” encompassing the famous TIFFANY mark owned by Tiffany and Company (“Tiffany”), is merely a generic term for a type of engagement ring....more

1/24/2014 - Costco Genericide Tiffany and Company Trade Dress Trademark Litigation Trademarks

What Impact Can Social Media Have on a Trademark Dispute?

Social media weighs in on the dispute over use of the mark ROUBAIX in connection with bicycles. A lawsuit was brought by Specialized Bicycle Components, Inc. (“Specialized”) who owned the registration for the mark in Canada...more

12/19/2013 - Bicycles Social Media Trademarks Twitter

What Does it Take to Be Famous?

Trademark law provides additional protection for famous trademarks. We have all heard of the famous trademarks COCA-COLA, KODAK, and WIMBLEDON. Although many trademark owners try, it is very difficult to achieve famous...more

11/14/2013 - Botox Registration Trademarks

Battle Between Harper Lee and her Hometown Museum over Use of “To Kill A Mockingbird”

There has been a lot of legal activity in connection with Ms. Lee, her book title and trademark applications filed for “TO KILL A MOCKINGBIRD.” For instance, Ms. Lee filed a trademark application for use of “TO KILL A...more

10/25/2013 - Books Copyright Museums Trademarks

Walking into a Trademark Dispute

The latest shoe dispute involves AirWair International Ltd. (“AirWair”), who manufactures the Dr. Martens shoe brand, and an alleged knock-off being sold by Cels Enterprises, Inc., d/b/a Chinese Laundry (“Chinese Laundry”)...more

9/27/2013 - Christian Louboutin Trademark Litigation Trademarks

Could Having a Tattoo Result in a Lawsuit?

As football season approaches, it is not surprising that star quarterbacks such as San Francisco 49er Colin Kaepernick are making the news. I read an article in Forbes magazine about “Questions Concerning Copyright of Athlete...more

8/22/2013 - Athletes Copyright Fair Use Tattoos

Subliminal Messages

As I was enjoying a Wendy’s chocolate frosty, I began thinking about the new Wendy’s logo I had seen in several articles on Yahoo! In the midst of the hoopla about the “hidden” or subliminal message in the new logo, I got to...more

7/25/2013 - Brand Logos Marketing Suggestive Marks Trademarks

Cheese Wars

Trademarks covering cheese are at the heart of two lawsuits involving Kraft Foods Group, Inc. (“Kraft”). Kraft is the largest packaged-food company in the United States. It is second only to Nestlé in terms of world sales. ...more

6/20/2013 - Competition Cracker Barrel False Advertising Infringement Kraft License Agreements Trademarks Unfair Trade Practices Act

Are You Famous Enough?

If you are Samuel R. Mott, founder of Mott’s LLP, apparently the answer is no. Mott’s LLP filed applications to register “MOTT’S” for “baby foods” and “packaged combinations consisting of fresh fruit.” (Serial Nos....more

6/6/2013 - Blogs Celebrities Trademarks

Branding and Advertising Creating Relationships with the Audience

Steve Baird and I attended the FUSE Design & Culture // Brand Strategy & Packaging Conference in Chicago last week. We learned from many enlightening speakers and met an impressive collection of design and marketing...more

4/23/2013 - Brand Business Development Marketing

My Namesake Sues To Protect Its Famous Mark

Coincidentally (or perhaps by design), Tiffany and Company (“Tiffany”) filed suit on Valentine’s Day against Costco Wholesale Corporation (“Costco”) to protect its trademark with respect to engagement rings. We know from our...more

3/8/2013 - Brand Costco Tiffany and Company Trademarks

Need A Last Minute Valentine’s Day Gift? Be Careful!

Do you need to buy a last minute Valentine’s Day gift? You may be thinking of picking up the best-selling book Fifty Shades of Grey. Be careful – you need to read this post so that you are not confused and buy something else....more

2/15/2013 - Copyright Dilution Fair Use Fifty Shades of Grey Infringement Parody Pornography Trademarks

The Louboutin Color Trademark Controversy Continues

While watching Lena Dunham stumble in her 6-inch Louboutin red-soled heels during the 70th Annual Golden Globe Awards broadcast, our comments revolved around the fact that her dress was so long, she should have worn slippers...more

1/24/2013 - Christian Louboutin Trademarks USPTO Yves St. Laurent

Mixed Chicks Scores Big

It’s not every day that a small company stands up for itself against a multi-billion dollar company in court, and manages to obtain a large verdict in the process, but this is precisely the Cinderella story that played out in...more

12/14/2012 - Infringement Trade Dress Trademarks

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