Tiffany Blofield

Tiffany Blofield

Winthrop & Weinstine, P.A.

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Latest Publications


Is Gatorade Gonna Hate Hate Hate?

It may be because I attended her concert last weekend, but a new trademark lawsuit brought by the owner of the GATORADE mark made me think of Taylor Swift. One of her popular songs, “Shake it Off” has a chorus that says,...more

9/24/2015 - Manufacturers Trademark Infringement Trademark Litigation Trademarks Unfair or Deceptive Trade Practices

Louisiana Fish Fry Ltd. Couldn’t Jump Out of Frying Pan

As I was looking at a photo of the fish my nephew caught this weekend, I wondered if my brother and my sister-in-law would be inviting me to a fish fry. Indeed, a fish fry was on my mind after having just read the...more

8/20/2015 - Brand Inherently Distinctive Merely Descriptive Trademark Trial and Appeal Board Trademarks

Tory Burch Protects Her Brand

The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million judgment and...more

7/23/2015 - Breach of Contract Counterclaims Counterfeiting Fashion Branding Fashion Design Fashion Industry Fiduciary Duty Permanent Injunctions Tortious Interference Trademark Infringement Trademark Litigation Trademarks

Update on Battle Over the Navajo Mark

In a surprising move last week, Urban Outfitters and its subsidiaries (collectively “Urban Outfitters”) moved to withdraw their motion for partial summary judgment on the secondary liability claims being brought against them...more

6/25/2015 - Fair Use Fashion Design Liability Motion for Summary Judgment Native American Issues Navajo Nation Retailers Third-Party Liability Trademark Infringement Trademarks Urban Outfitters

Use of NAVAJO – Is Urban Outfitters Infringing or Not?

Battles continue to wage over use of the “Navajo” and “Navaho” marks in New Mexico federal court. The Navajo Nation (“the Nation”) sued Urban Outfitters and its subsidiaries, including one of my favorite retailers,...more

5/22/2015 - Fashion Design Native American Issues Navajo Nation Retailers Sovereign Immunity Trademark Infringement Trademarks Urban Outfitters

Super Inspire Me!

I had the great fortune to attend the recent FUSE conference held in Chicago for design and branding professionals, and see Oscar-nominated documentary filmmaker Morgan Spurlock speak. ...more

4/23/2015 - Brand Fashion Branding Marketing Trade Conference

Blurred Rights

You may, like me and hundreds of others, have had the “Blurred Lines” verses: “I know you want it, You’re a good girl, You’re far from plastic, Talk about getting blasted, I hate these blurred lines,” stuck in your head. And,...more

3/27/2015 - Copyright Copyright Infringement Marvin Gaye Music Music Industry Pharrell Williams Robin Thicke

Hope You Didn’t Get A Longchamp Bag For Valentine’s Day

Now I do not mean to tell you that you should return an authentic Longchamp bag from the shops in Paris or the famous bags sold in boutiques stateside. But, if your sweetheart bought you a bag from Bed Bath & Beyond...more

2/19/2015 - Bed Bath & Beyond China Fashion Industry Patent Infringement Patents Trademarks

Wonderful End of 2014 for Pom Wonderful

Pom Wonderful received an early New Year’s present from the Ninth Circuit last Tuesday. A lower court had denied Pom Wonderful’s motion to enjoin the company doing business as Pur Beverages from using “pom” on its...more

1/8/2015 - Likelihood of Confusion POM Wonderful Trademark Litigation Trademarks

Henley Is Not Taking It Easy

According to music icon Don Henley, intellectual property rights are not a joking matter....more

12/17/2014 - Advertising Fashion Industry First Amendment Infringement Manufacturers Right of Publicity Trademark Litigation Trademarks

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 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 - 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

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