Tim Sitzmann

Tim Sitzmann

Winthrop & Weinstine, P.A.

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First dinosaurs, then wooly mammoths. Are trademark attorneys next to go extinct?

A world without trademark attorneys… frightening, isn’t it? (maybe more for me than for someone who isn’t a trademark attorney). It seems unlikely, but we may be inching closer to this apocalyptic scenario....more

4/16/2015 - Enterprise Software Software Trademark Infringement Trademarks

An Empirical Lesson on Bluffing in Trademark Disputes

While it’s a great song, Kenny Rogers’ classic The Gambler doesn’t provide much guidance on winning a game of poker....more

4/1/2015 - Entertainment Industry Fox Television Stations Music Industry Popular Trademark Infringement Trademark Litigation Trademarks

A Disclaimer for Disclaimers at the USPTO

You know that feeling when you’ve nearly crossed the finish line? You have done the work, put in the time, and the only step left is to run through the tape. There can be similar moments with trademark applications,...more

3/27/2015 - Disclaimers Trademarks USPTO

What Do Gripe Sites Have to Do with SCOTUS’s B&B Hardware Decision?

In December, the Supreme Court heard oral arguments in B&B Hardware v. Hargis Industries. The case addresses the level of deference to be given to decisions from the Trademark Trial and Appeal Board, if any. We’ve discussed...more

3/11/2015 - B&B Hardware v Hargis Industries Likelihood of Confusion SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks Websites

All-Star Tips To Avoid Infringement Litigation

Shoes are always in the news. From a fashion standpoint, Nike has made headlines this week, with a re-release of the Classic Cortez running shoe (aka, the Forrest Gump shoe) along with the second edition of the LeBronald...more

2/27/2015 - Brand Converse Fashion Industry H&M Infringement International Trademark Protection Ralph Lauren Trademark Infringement Trademark Litigation Trademarks

Crafting an Effective Fair Use Defense

The beer industry is rife with trademark legal issues. We’ve discussed quite a fe here, including disputes over brewery names, attempts to register as a trademark the design of a beer glass, or the longstanding issue of...more

2/18/2015 - Beer Breweries Fair Use Likelihood of Confusion Parody Trademarks Wine & Alcohol

Red Bull Strikes Again, but Is Old Ox Brewery a Matador in Disguise?

It’s no secret that Red Bull has a strong trademark enforcement strategy. Too strong, according to some. In its defense, IP counsel for Red Bull has stated that: With a brand as famous as Red Bull you can certainly imagine...more

2/6/2015

Tacking: It’s Not Just for Judges Anymore

The U.S. Supreme Court doesn’t frequently take on trademark cases, so yesterday’s release of its decision in Hana Financial, Inc. v. Hana Bank should have been pretty exciting. We discussed the case back in June when the...more

1/22/2015 - Certiorari Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademarks

Unicorns and Beer: A Match Made in Portland

Hipsters and Portland go together like…. hipsters and Pabst Blue Ribbon (PBR). So naturally, when PBR decided to host a music festival, they chose Portland, Oregon. Unfortunately for PBR, some of their choices along the way...more

1/7/2015 - Beer IP License IP Litigation Licenses Municipalities Pabst Blue Ribbon Trademarks

Lessons from Santa on Trademark Protection

Christmas may be over, but somewhere Santa is already back to work: making his list, and checking it twice. But don’t let Santa hog all of the good ideas, making a list is good advice for companies and their trademarks, too....more

12/29/2014 - Cease and Desist Infringement J Crew Popular Trademarks USPTO

The College Football Playoff™ college football playoff

This past Sunday, the College Football Playoff Committee unveiled the four college football teams that will be participating the very first playoff in college football. The festivities begin Jan. 1, 2015, with Oregon battling...more

12/10/2014 - College Athletes Football Office Actions School Sports Sports Trademarks USPTO

Angry Monkey See, Angry Monkey Sue

Video games have come a long way since I was a kid. I grew up with a pixelated plumber jumping on on turtles with frozen facial expression. Sometimes it is hard to believe how far video games have developed, with games like...more

12/3/2014 - Copyright Copyright Infringement First Amendment Infringement Trademarks Video Games

Pass the Trademarks Please

Now that Thanksgiving is over, Americans across the country are taking some time to relax, reflect, and digest. I know I will be doing all three, after enjoying a wonderful Thanksgiving Day surrounded by family, friends,...more

12/1/2014 - Brand Trademarks

Microsoft’s New Battle: Toads

It isn’t often that Forbes and Arcade Sushi are reporting on the same story. But some news is so big, so ground breaking, and so important that all media outlets cannot, in good moral consciousness, fail to comply with their...more

11/12/2014 - Copyright Lanham Act Microsoft Popular Trademarks Video Games

Photoshopping: One Lingerie Company is Bucking the Trend while Making a Buck

It is no secret that advertisements, especially for clothing, accessories, and even cheeseburgers. About a year ago, Brent (Lorentz, of the fellow Duets Blogger fame) discussed the prevalence of unrealistic expectations in...more

11/5/2014 - Advertising American Eagle Outfitters Ethics Fashion Industry Fast-Food Industry Photographs Photoshop

Aggie-ravating Trademark Issues with College Mascots

Colleges serve an important role in American society, providing education, experience and leadership to each new generation. Also, sports. And did I mention SPORTS? Regardless of the reason (cable?), college sports have...more

10/24/2014 - Colleges Logos Royalties Sports Team Mascots Trademarks Universities

Converse: Stomping Out Counterfeits through Int’l Trade Commission Proceedings

Earlier this week, Converse launched an all-out offensive to combat what it considers counterfeit and knock-off versions of its Chuck Taylor All-Star line of sneakers. Reports peg the number as at least 22 separate lawsuits...more

10/16/2014 - Converse Copyright Corporate Counsel Counterfeiting Ed Hardy Fashion Industry Fila H&M Infringement ITC Misappropriation Patents Ralph Lauren Retailers Trade Secrets Trademarks Wal-Mart

Star Wars: Redefining Trademark and Copyright Law Since A Long Time Ago

The Star Wars series is truly an exceptional franchise, having broken box office records, creating legions of fans, and bringing the idea of collateral merchandise licensing to an unprecedented level. Also, how many other...more

10/10/2014 - Copyright Disney Entertainment Industry License Agreements Lucasfilm Movies Star Wars Trademarks

iOS 8: Bigger, Faster, But Still Not A Valid Trademark (Yet)

Although the iPhone 6 was the headliner, Apple’s release of iOS 8 was a respectable supporting act. Unfortunately though, the negative headlines keep coming in as poor performance reviews have kept more than half of Apple...more

10/8/2014 - Apple iOS 8 iPhone Trademarks

You Can McDo It, But You Might Get McSued

Shares in McDonald’s jumped surprisingly high earlier this week, causing some to wonder whether any notable investors might be involved, possibly with inside information. Or maybe it was somebody hoping to get an inside track...more

10/2/2014 - McDonalds Trademark Litigation Trademarks

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

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