Tim Sitzmann

Tim Sitzmann

Winthrop & Weinstine, P.A.

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Believe What You Want, But Who Will Win?

In case you were unaware, the (Men’s) World Cup happened over the last two months and is now over (the Women’s World Cup is next year, in Canada). I Believe that if you followed Team USA at all, you probably heard the...more

7/18/2014 - Trademark Litigation Trademarks

Update: IKEA Voids the Warranty on its Demand Letter

A few weeks back, we discussed IKEA’s claim of trademark infringement against the popular website, IKEAhackers.net, and the resulting online backlash....more

7/3/2014 - Demand Letter IKEA Infringement Trademarks

The Most Interesting Trademark Issue In The World

We tend to highlight famous people, famous brands, or cutting edge legal developments here at Duets Blog. Our primary concern is to put rumps in the seats and and then inch said rumps towards their respective seat edge....more

6/27/2014 - Certiorari Hana Bank Hana Financial SCOTUS Standard of Review Tacking Trademarks

IKEA översittare: Bully or Baloney?

I once spent 20 minutes trying to figure out whether I was installing a metal insert for an NYMÖ lamp upside down, or rightside up. I’m still not sure I ever installed it correctly, but it’s still working. So there. But a new...more

6/19/2014 - IKEA Infringement Popular Trademarks

Legal Marijuana: New Branding Opportunities, Same Old Infringement

Whether driven by new laws or technology, companies and individuals always push the limits of the law at the beginning. Obvious examples like Napster come to mind, as well as the more dated example of the VCR. Out in...more

6/6/2014 - Brand Decriminalization of Marijuana Infringement Marijuana Popular Trademarks

Bar Fights: Better to Be Kind or to Have Mojo?

I know what you’re thinking. It’s about time that we Duets Bloggers shared our war stories on our past lives in seedy bars, taking on any unfortunate soul who might say the wrong thing at the wrong time, or just generally...more

5/29/2014 - Trade Dress Trademark Litigation Trademarks

Taylor Swift’s Luck May Have Run Out

Taylor Swift, also known as “Tay Tay” to us hip folk, was hit with a trademark infringement suit this week. Blue Sphere d/b/a as Lucky 13 Clothing has been selling apparel under the LUCKY 13 mark for more than 20 years. Blue...more

5/23/2014 - Fashion Branding Infringement Retailers Taylor Swift Trademarks

Rebranding “Sexy”

On my first day of law school, I received a piece of advice that sticks with me today: if you don’t know, the answer is always “it depends.” In the world of advertising, the most common “easy answer” is “sexy.” If you can’t...more

5/8/2014 - Advertising Brand Charitable Donations Marketing Online Videos

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

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