Tim Sitzmann

Tim Sitzmann

Winthrop & Weinstine, P.A.

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Honey Badger Don’t Care, but the Owner of the Trademark Rights Do Care

We truly live in an amazing time, where nearly any person with access to a computer can obtain a nearly infinite amount of knowledge, create and distribute ideas and works of art to the entire world. Also, there are lots of...more

9/18/2014 - Popular Trademark Litigation Trademarks

A Powerful New Trademark for Apple?

All eyes were on Apple on Tuesday, September 9th as Apple unveiled a new line of products. The new line includes the iPhone 6 as well as the long awaited, expected, and rumored Apple watch (which, after years of speculation,...more

9/10/2014 - Apple Popular Trade Dress Trademarks USPTO

Put it on Ice: ALSA Abandons ICE BUCKET CHALLENGE Trademark Applications

So there is a thing called the ice bucket challenge. In case you haven’t heard of it, you can read about it here (while you’re at it, you may want to read up on the internet, color television, and greek yogurt). In fact, Matt...more

9/3/2014 - ALS Association Trademarks

Blue 42. Set. Trademark! I mean, Hike!

Can you feel it? All around the country, fields are being groomed, stenciled, and painted. Tonight, the college football season begins with Georgia State taking on Abilene Christian in what could be a preview of one of...more

8/27/2014 - Coaches Colleges Football Sports Trade Dress Trademarks

Role Reversal: David Bullying Goliath?

When claims of trademark infringement make the news, it is often because a billion dollar corporation is suing old man Donaldson’s tavern for trademark infringement (Although, McDonaldson’s might have been a bad choice…). ...more

8/21/2014 - Trademark Litigation Trademarks Wine & Alcohol

Colors, Words, and Colours: Pink with Envy

It has been nearly a year since we posed the age-old question: Does this Pink Clash with My Pink? Okay, so it’s not that old of a question. In fact, most of you (readers) may not have ever considered the inquiry....more

8/15/2014 - Color Marks Trademarks

A Window into the Future for Apple’s Trade Dress?

A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below...more

7/31/2014 - Android Apple iPhone Microsoft Popular Trade Dress Trademarks USPTO

This Little Piggy Went to the Trademark Office…

When was the last time you thought about pigs? What do you think when you hear the word “pigs?” Or an OINK OINK noise? Or what about the angelic and oh-so-American, “SOOOOOOOOOEEEEEEEEYY!”?...more

7/24/2014 - Service Marks Trademark Office Trademarks

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

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