Tim Sitzmann

Tim Sitzmann

Winthrop & Weinstine, P.A.

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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

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

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

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

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

Rock, paper, horns.

Here is a fun exercise. Hold your hand up and make a closed fist. Raise your index finger, and now your pinky. Now look at your hand, what does this symbol mean to you? If you said “Hook ‘em Horns,” the University of Texas...more

2/21/2013 - Brand Gestures Infringement Source-Identification Function Trademarks Wordmarks

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