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Winthrop & Weinstine, P.A.

Attorney

Latest Publications

David M. Aafedt

Minnesota Department of Commerce - Assistant Commissioner of Enforcement Named

After leaving the position vacant for almost two years, Minnesota Department of Commerce Commissioner Michael J. Rothman announced that Nancy Leppink will start tomorrow with the Minnesota Commerce Department as the Assistant…more

Minnesota Department of Commerce

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Derek Allen

Memes Attack

A recent lawsuit combines a number of things that are surely ruining today’s youth: internet memes, the Nintendo DS, and side-scrolling video games (actually, that last one ruined my generation. Thanks Super Mario Bros., Contra…more

Internet Memes

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Steve Baird

Distinguishing the Fictional From the Real: Names and Brands in Television and Movies

We have an interesting question to answer, leading us into the holiday weekend, during which I suspect a few movies will be watched by more than a few marketing types and trademark types..…more

Infringement, Movies, Television Shows, Trademarks

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Daniel Beck

Bank Held in Contempt for Failing to Return Collateral Repossessed Before Bankruptcy

Most lenders know that a bank cannot repossess collateral after a borrower files bankruptcy unless the bank first obtains relief from the automatic stay. But can a bank retain collateral that it repossessed before the…more

Automatic Stay, Collateral, Contempt, Repossess

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Tiffany Blofield

Branding and Advertising Creating Relationships with the Audience

Steve Baird and I attended the FUSE Design & Culture // Brand Strategy & Packaging Conference in Chicago last week. We learned from many enlightening speakers and met an impressive collection of design and marketing…more

Brand, Business Development, Marketing

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Christopher Camardello

Bank Held in Contempt for Failing to Return Collateral Repossessed Before Bankruptcy

Most lenders know that a bank cannot repossess collateral after a borrower files bankruptcy unless the bank first obtains relief from the automatic stay. But can a bank retain collateral that it repossessed before the…more

Automatic Stay, Collateral, Contempt, Repossess

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Tammera R. Diehm

The Cost of Convenience: charging for online contributions

On May 7, 2013, the Minnesota Campaign Finance and Public Disclosure Board (“Board”) will consider an advisory opinion request submitted on behalf of Democracy Ventures, Inc., d/b/a Democracy.com. The organization is seeking…more

Online Platforms, Political Contributions

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Martha Engel

Nutty News: Dear Biggest Fan, Here’s a Cease-and-Desist Letter

You have to be one big fan of a company or product to establish a World {What-You-Cannot-Live-Without} Day. Well, a sticky situation with the well-known hazelnut spread Nutella may have you rethinking your public affection…more

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Thomas J. Hanson

Tax Bills Taking Shape at the Capitol

Both the House and Senate Tax bills have begun to take shape at the Capitol this week. The House Omnibus Tax Bill passed out of the Tax Committee on Wednesday, April 17 and Ways and Means on Friday, April 19. The reform…more

Proposed Legislation

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John Knapp

Tax Bills Take Center Stage

On Thursday of this week, the Senate Tax Reform Division adopted its recommendations for the Senate Omnibus Tax Bill. Much of the attention on that bill focused on the proposed reduction in the State sales tax from 6.875% to 6%…more

Corporate Taxes, Proposed Legislation, Sales & Use Tax, Tax Reform

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Gail Kulick

Perennial Legislative Bloomers

Certain issues come up year after year in the Legislature in the form of unsuccessful proposed bills, with the consistency and reliability of perennial blooms. Some come remarkably close to becoming law. Former State…more

Liquor Control Acts, Medical Marijuana, Speed Limits

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Kristopher (Tip) Lee

Bank Held in Contempt for Failing to Return Collateral Repossessed Before Bankruptcy

Most lenders know that a bank cannot repossess collateral after a borrower files bankruptcy unless the bank first obtains relief from the automatic stay. But can a bank retain collateral that it repossessed before the…more

Automatic Stay, Collateral, Contempt, Repossess

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Brent Lorentz

You’ve gotta be shipping me!!

Kmart recently unveiled a brand new advertisement that’s about as subtle as a shovel to the face. While some have described it as juvenile or immature, I can’t help but chuckle everytime I see or hear it. Maybe that says…more

Advertising, Kmart, Trademarks, USPTO

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Catlan McCurdy

Apple Store Design Now a Registered Trademark

Duets readers everywhere may recall my shock back in June 2011 when I encountered the first Microsoft brick-and-mortar store at the Mall of America. Now, about two years later, the store is still there, located right across the…more

Apple, Microsoft, Trademarks

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Susan Perera

The Best DuetsBlog Post Ever

You see it quite often, phrases like “The Best Car in America” or “America’s Favorite Restaurant” used in advertising. The Trademark Office does not consider the truth of these statements when considering an application for such…more

Trademarks, USPTO

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Laura Pfeiffer

Updated Form I-9

Beginning May 7, 2013, all employers must begin using the new Employment Eligibility Verification Form I-9, with a revision date of March 8, 2013. Employers who fail to use this new form beginning on May 7, 2013, may be subject…more

Eligibility, Forms, Hiring & Firing, I-9, Verification Requirements

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Mark Pihart

Updated Form I-9

Beginning May 7, 2013, all employers must begin using the new Employment Eligibility Verification Form I-9, with a revision date of March 8, 2013. Employers who fail to use this new form beginning on May 7, 2013, may be subject…more

Eligibility, Forms, Hiring & Firing, I-9, Verification Requirements

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Michael Rosow

Bank Held in Contempt for Failing to Return Collateral Repossessed Before Bankruptcy

Most lenders know that a bank cannot repossess collateral after a borrower files bankruptcy unless the bank first obtains relief from the automatic stay. But can a bank retain collateral that it repossessed before the…more

Automatic Stay, Collateral, Contempt, Repossess

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Jacob Sellers

Bank Held in Contempt for Failing to Return Collateral Repossessed Before Bankruptcy

Most lenders know that a bank cannot repossess collateral after a borrower files bankruptcy unless the bank first obtains relief from the automatic stay. But can a bank retain collateral that it repossessed before the…more

Automatic Stay, Collateral, Contempt, Repossess

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Anjali Shankar

Louboutin International Trademark Dispute

Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels…more

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Tim Sitzmann

Oreo: interactive food, interactive brands

Oreo consistently receives media attention and accolades for their use of non-traditional media. They have created numerous memorable advertising moments through their twitter account. The stand out is of course their Super Bowl…more

Marketing, Twitter

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Jeffrey R. Stone

Protecting Non-Functional Product Design Features Through The Entire Life Cycle: From Conception to Grave

IP protection for product designs is typically found in a combination of one or more of the following protective mechanisms..…more

Design Patent, Patents, Trade Dress, Trade Secrets, USPTO

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Eric Swanson

Miles To Go Before They Sleep

With the 2013 Minnesota legislative session moving into the home stretch, virtually all of the “heavy lifting” of the session remains. While the calendar indicates the session is two-thirds complete, the numbers tell a different…more

Economic Development, Energy Policy, Health Insurance Exchanges, HHS, Legislative Agendas

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Brad Walz

Budgeting for Litigation

Now, more than ever, businesses are confined by their budgets. Long gone are the days of the blank check for many business expenses, and that includes litigation. If businesses need to live by budgets, so to should the law firms…more

Cost-Containment, Infringement, Litigation Strategies, Trademarks

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Christine M. Zimmer

Floor Calendar Prediction for the Week

The 2013 Minnesota Legislative Session is all about lengthy floor sessions this week. It is risky to predict legislative schedules but this is only a tentative guide for the week. Keep in mind schedules change quickly at the…more

Proposed Legislation

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