Tim Sitzmann

Tim Sitzmann

Winthrop & Weinstine, P.A.

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The World Is Not Enough, We Want the Whole Genre

The James Bond franchise is one of the most well-known and successful movie franchises in history. There are few characters who reappear in 23 full length movies, let alone have the 23rd movie reach the top of the box office...more

4/24/2014 - Copyright Entertainment Industry Motion Picture Industry

Hours of Energy, But No Trademark Registration

The energy drink businesses is big, big business. From Red Bull and Monster to that strange 35 ounce purple can that you saw in a gas station once, consumers love energy drinks. Along with Red Bull and Monster, 5-Hour Energy...more

4/14/2014 - 5-Hour Energy Registration Trademarks

Oz The Saying Goes…

There’s no place like home. Just be careful where and how you say it. It is common knowledge among lawyers that copyright protection does not normally extend to titles, words, or short phrases. After all, movies,...more

3/12/2014 - Trademark Trial and Appeal Board Trademarks

Angels in the Outfield and in the Bloodmobile

Most people likely know that the Los Angeles Angels are a baseball team. But did you know they are also a blood bank? Me neither! But according to a filing with the U.S. Patent and Trademark Office (USPTO), it appears that...more

2/13/2014 - Patents Trademark Litigation Trademarks USPTO

Battles Over Demand Letters: Lessons From 'The F Word'

When life gives you lemons, make lemonade. When a big corporation sends you a cease-and-desist letter, make … ale? This is what Jeff Britton, owner of Exit 6 Pub and Brewery in Cottleville, Mo., chose to do after he...more

1/30/2014 - Breweries Cease and Desist Copyright Demand Letter Offensive Language Starbucks

And the Grammy for Most Likely to Receive a DMCA Notice Goes to…

Last Sunday was “Music’s Biggest Night,” at least according to the National Academy of Recording Arts and Sciences (NARAS). I haven’t watched many Grammy Award shows, but the possibility of seeing Paul McCartney and Ringo...more

1/29/2014 - DMCA Music Music Industry

Selling Ice to Eskimos

It’s easy to make a sports car look good. Or a vacation on a white sand beach. But what about things that the average person hates to buy? Watch the commercial below and let’s reconvene in 90 seconds...more

1/10/2014 - Advertising Income Taxes Marketing TurboTax

Coffee is for Closers, Not for Brewers

When life gives you a cease and desist letter, make lemonade. Or, depending on your profession, maybe some beer. That’s what Jeff Britton, owner of the Exit 6 Pub and Brewery in Cottleville, Missouri chose to do after...more

1/3/2014 - Cease and Desist Starbucks

The True Meaning of C [hristmas]

Yes, it has finally arrived: the end of December. Whether you’re someone who views the day as bitter sweet, dreading the day when the dirty looks from your neighbors force you to finally take down your decorations in...more

12/24/2013 - Holidays Infringement Logos Registration Trademarks

A Black (Friday) Hole of Creativity

Maybe my memory is worsening with each year, but I have to admit that I do not recall “Black Friday” existing as a child. I know that I didn’t have school and I know that a lot of adults had the day off. I’m certain that...more

12/11/2013 - Advertising Amazon Black Friday Marketing

Likelihood of Illusion

Over Thanksgiving weekend, I had the pleasure of visiting my grandmother’s farmhouse in northwest Iowa. I don’t think I had been there in probably five years, as she had been living in California for most of that time....more

12/4/2013 - DC Comics Logos Trademarks

The Champagne of Trademark Disputes

Wine connoisseurs have been pairing food with their wines for centuries (okay, I’m guessing here, but it is probably a long time), paying close attention to all of the subtleties of the flavor, hints of oak, acidity, and...more

11/15/2013 - Infringement Trademarks

I’m Concerned About The Meaning.

In Michigan last week, the billboard below popped up off of an interstate highway near Flint... It certainly isn’t the first time that an advertisement has left out, or at least obscured, the sponsor or the products....more

10/23/2013 - Advertising

Breaking Bad News for Breaking Bad Fans

When I was eight I had a perfect plan to create a multi-million dollar business: a company that sold pet turtle kits that came with miniature nunchucks, swords, and ninja costumes. Back then though it was more difficult to...more

10/21/2013 - Copyright Television Programming

The MPAA and the Midwives, and Other Cautionary Tales

As we all know, The Motion Picture Association of America (MPAA) has long taken an active role in the debate regarding the advantages and disadvantages of traditional midwifery and modern medical views regarding childbirth....more

10/3/2013 - Blogs DMCA Fair Use Takedown Notices Trademark Bullying Trademarks

If You Want to Go Fast, You Don’t Have Time for Trademark Law.

If you’re not first, you’re last. Rick’s Cabaret was the first to open a restaurant with the name Ricky Bobby – but will Sony Pictures have the last laugh?...more

9/5/2013 - Infringement Movies Trademark Holders Trademarks

Does this Pink clash with my Pink?

Since May of 2013, a legal battle has been brewing between two fashion industry giants: Victoria’s Secret and Thomas Pink (owned by Louis Vuitton). Below are pictures of storefronts for the two companies...more

8/9/2013 - Color Marks Infringement Trademark Litigation Trademarks Victoria Secret Wordmarks

One Man’s Trash Is Another Transit Authority’s Trademark

A while back, I discussed the New York State Department of Development’s enforcement efforts to prevent others from using the I?NY logo. It looks like the West Coast may have learned something from the East Coast, as San...more

8/2/2013 - Brand Cease and Desist Trademarks Transit Authority

This Ain’t Your Dad’s Hamburger Helper…

Brace yourselves everybody, I have some bad news: Hamburger Helper is no more. But wait! Don’t jump yet, friend. Thanks to a the General Mills marketing department, and fueled by loss of market share to new competition from...more

7/12/2013 - Brand Marketing Trademarks

These Colors Don’t Run, They Identify Sources.

Like most holidays, the Fourth of July is inextricably linked with childhood memories, the smell of amazing food, time with family, and yes, even brands and trademarks. While logos and brand names for marshmallows and hot...more

7/5/2013 - Brand Infringement Oscar Meyer Product Packaging Trade Dress Trademarks

There’s always money in the banana-based intellectual property rights…

In its list of 500 Greatest Albums of All Time, the Rolling Stone ranked the 1967 album The Velvet Underground & Nico at number 13 – not bad for the band’s very first album. The album had a simple cover, some would say...more

6/14/2013

NY ? TM

Last week I stopped at a local wine and beer store to pick up a bottle of wine to bring to a friend’s dinner party (but also couldn’t resist purchasing a 4-pack of Surly’s Bitter Brewer. I had never seen it before, but highly...more

6/5/2013 - Infringement Trademark Bullying Trademarks

Oreo: interactive food, interactive brands

Oreo consistently receives media attention and accolades for their use of non-traditional media. They have created numerous memorable advertising moments through their twitter account. The stand out is of course their Super...more

5/17/2013 - Marketing Twitter

Prince, the DMCA, and Copyright Bullying

Minneapolis’ own hometown hero Prince Rogers Nelson, formerly and currently known simply as “Prince,” has been in the news quite often in 2013. It began with his surprise, limited ticket performances in January, which he...more

4/10/2013 - Bullying Cease and Desist Copyright DMCA Fair Use Safe Harbors Takedown Notices Trademark Bullying

He really does clean everything!

According to this classic 1958 commercial, Mr. Clean does everything: floors, doors, halls, and walls! (I don’t think I’d take Mr. Clean to my diamond jewelry though as the commercial suggests). It turns out that Mr. Clean...more

3/20/2013 - Brand Marketing Proctor & Gamble

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