Winthrop & Weinstine, P.A.

Still Smashing Trademark Rights?

Why does Smashburger continue down this road of smashing its trademark rights? Especially, despite our previous cautions..…more
| Intellectual Property

Octane Fitness Changed the Standard for Attorney’s Fee Award, but Has Anything Changed?

It’s no secret, lawsuits can be expensive. That’s why parties frequently consider the availability of recovering attorney’s fees when deciding whether to pursue (or defend) a lawsuit. While attorney’s fees have been available in…more
| Civil Procedure, Civil Remedies, Intellectual Property

Beme, or BeHBO / BeShowtime / BePayPerView?

It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Effective Enforcement Strategies – Letters of Protest

A letter of protest is an informal procedure that allows third parties to bring to the attention of the USPTO evidence bearing on the registrability of a mark. The letter is filed with the Director of Trademarks and if the…more
| Intellectual Property

Federal PAC Reports Due July 31, 2015

All Federal PACs are required to submit a campaign finance report to the Federal Election Commission (FEC) on or before Friday, July 31, 2015. Unless the PAC has elected a monthly filing schedule, the semi-annual report must…more
| Elections & Politics, Finance & Banking

Federal Campaign Finance PAC Reports – Due July 31, 2015

All Federal Political Action Committees (PACs) are required to submit a campaign finance report to the Federal Election Commission (FEC) on or before Friday, July 31, 2015. Unless the PAC has elected a monthly filing schedule,…more
| Elections & Politics

“Symmetrically Arranged” Buttons: A Patent Win for Nintendo

Nintendo has been making headlines recently. The gaming industry is in mounrning over the unfortunate passing of Nintendo CEO Satoru Iwata last week. Iwata was instrumental in the success of the Nintendo Wii, among other…more
| Intellectual Property, Science, Computers, & Technology

Tory Burch Protects Her Brand

The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million judgment and…more
| Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Will Starbucks Be a Closer at the USPTO?

We’ll soon see whether coffee truly goes hand in hand with closers, at least in one famous brand owner’s quest for registration of a non-verbal, non-traditional color trademark at the USPTO. I’ve been noticing Starbucks focus on…more
| Intellectual Property

At The Corner of Trademarks and Confusion

Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic…more
| Communications & Media Law, Intellectual Property

Trademarks on the Internet: Are Consumers Really this Clueless?

Are you unaware of the difference between search engine searches and the search results? Do you believe that a search engine can read your mind and return exactly (and only) the results you expect to receive? Is this your first…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Trademark Grammar, Concerns, and Cliches?

The Minneapolis-St. Paul International Airport is currently running this advertisement from a local law firm highlighting its “Total Partnership” program (BTW, love the website video, linked here):Although the use of the term…more
| Intellectual Property, Law Practice Products & Services

Washington’s NFL Team and U.S. Customs

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its re-branding…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Indigenous Peoples, Intellectual Property

Pay Attention! Symbols Matter!

A couple different events occurred this past week which ought to serve as reminders of the importance of symbols and the need to protect brand perception when dealing with symbols…more
| Communications & Media Law, Intellectual Property

A Smörgåsbord of Standard Characters

Strolling around the Mall of America last weekend, I was surprised not only by the rather low weekend crowds (everyone must have retreated to their respective lake cabin) but also the brand-new store for Swedish outdoor brand…more
| Intellectual Property
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Contact

Capella Tower, Suite 3500 225 South Sixth Street
Minneapolis, MN 55402, United States

Contact: Gretchen Milbrath, Director of Business Development and Marketing

  • 612-604-6640
  • 612-604-6940

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