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

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

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