Winthrop & Weinstine, P.A.

A Disclaimer for Disclaimers at the USPTO

You know that feeling when you’ve nearly crossed the finish line? You have done the work, put in the time, and the only step left is to run through the tape. There can be similar moments with trademark applications, too…more
| Intellectual Property

Blurred Rights

You may, like me and hundreds of others, have had the “Blurred Lines” verses: “I know you want it, You’re a good girl, You’re far from plastic, Talk about getting blasted, I hate these blurred lines,” stuck in your head. And,…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Is the TTAB falling?

A commonly used forum to resolve trademark registration issues, which also commonly resulted in negotiated settlements over the use of mark, may no longer be so common. Today, the United States Supreme Court issued its heavily…more
| Civil Procedure, Intellectual Property

Energy Update - March 2015

This week marked the first policy deadline for policy bills. The Senate Energy and Environment Committee spent considerable time this week working through policy measures, including SF 1431 (Marty-D), the Senate Omnibus Energy…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Actually Resisting the Temptation to Tout Function and Hopefully Own a Trademark

Continuing our ramp up toward the launch of our Strategies for Owning Your Product Designs webinar next week, I’ve been thinking a lot about the Morton-Norwich factors — the common analysis for determining whether a product…more
| Communications & Media Law, Intellectual Property

Week in Review - March 2015 #3

Friday marked the first committee deadline and thus a flurry of activity at the Capitol to act favorably on bills in their respective policy committees. MNsure - When Governor Mark Dayton’s supplemental budget is…more
| Commercial Law & Contracts, Elections & Politics, Zoning, Planning & Land Use, Health, Transportation

March Madness For INNOVATION

Following a nice evening out chatting with Kevin O’Keefe, it’s time for my favorite weekend of all – the NCAA tournament. Now this post isn’t necessarily about basketball, but rather rivalries. In particular, rivalries…more
| Commercial Law & Contracts, Intellectual Property

Yea or Neigh: Does “walmart.horse” Dilute the WALMART mark?

For every serious-minded, informative website out there (I submit for your consideration this august blog) there are countless others that lean more towards the absurd. The website “walmart.horse” is squarely in the latter…more
| Communications & Media Law, Intellectual Property

Week in Review - March 2015 #2

Surplus - The state Republican Party has approved a “Give It All Back” ad campaign encouraging Gov. Dayton and the Legislature to return all of the projected $1.9 billion budget surplus to Minnesotans in the form of tax…more
| Education, Elections & Politics, Zoning, Planning & Land Use, Health, Transportation

Minnesota Equity Crowdfunding Legislation Introduced

MNvest, the equity crowdfuding bill drafted by Winthrop & Weinstine attorneys Ryan Schildkraut and Zachary Robins, has passed its first House committee hearing. Schildkraut and Robins work with emerging companies in corporate…more
| Business Organizations, Finance & Banking, Securities Law

Fear the Brow, or Fear the Trademark Specimen?

Celebrity has its advantages. Slogans and taglines are big business in professional sports, which in turn has led to some entertaining trademark applications: JOHNNY FOOTBALL and LINSANITY, to name a couple. As Martha noted in…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Protecting Your Bacon: Patent versus Trade Secret

While, generally speaking, copyright law protects art, and trademark law protects branding, patent and trade secret laws protect information. In deciding how to best protect proprietary information, innovators and businesses…more
| Intellectual Property

What Do Gripe Sites Have to Do with SCOTUS’s B&B Hardware Decision?

In December, the Supreme Court heard oral arguments in B&B Hardware v. Hargis Industries. The case addresses the level of deference to be given to decisions from the Trademark Trial and Appeal Board, if any. We’ve discussed the…more
| Communications & Media Law, Intellectual Property

Easy as 1, 2, 3, 4, 5 — and Functional Too?

Welcome to another edition of newly filed configuration trademark applications at the USPTO, here is the latest; it is quite a specimen: The question for the day though is whether the claimed mark actually functions as a…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Week in Review - March 2015

Minnesota Budget Forecast/Surplus - Management and Budget shows the State’s previously forecast $1.038 billion surplus for the next biennium has grown to $1.87 billion. Governor Mark Dayton said he will propose using…more
| Elections & Politics, Labor & Employment Law, Finance & Banking, Taxation, Transportation
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Contact

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

Contact: Deb DuBois

  • 612-604-6688
  • 612-604-6800

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Minnesota
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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