Tim Sitzmann

Tim Sitzmann

Winthrop & Weinstine, P.A.

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Latest Posts › Fair Use


It’s Not Delivery, It’s Infringement.

We’re not talking pizza, we’re talking burgers. Not just any burgers, either, we’re talking In-N-Out burgers. As any California transplant will tell you, no other burger from any other restaurant comes close. In-N-Out has...more

11/12/2015 - Fair Use Fast-Food Industry Third-Party Trademark Infringement

The Juice Runs Out for Yankee Parody Trademarks

A good general business practice is to apply to register trademarks early. You’ll find out if there is an issue. You’ll have time to change rather than having to take everything off the shelf under the threat of a lawsuit....more

5/14/2015 - Fair Use Lanham Act Parody Trademark Infringement Trademark Trial and Appeal Board 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

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

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

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