Winthrop & Weinstine, P.A.

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

Contact: Deb DuBois

  • 612-604-6688
  • 612-604-6800

Don’t Litter, Eh?

The Toronto Globe and Mail recently reported on a clever anti-littering campaign that was launched and quickly aborted in Toronto due to trademark concerns. The premise for the campaign was to take wrappers and packaging from…more
| Communications & Media Law, Intellectual Property

Another Real Lulu: Anatomy of an Affidavit

On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint. As you will recall, we expressed…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

Copyright Watch: Suit over the NCIS Bert the Far***g Hippo

I can’t even say the word! Don’t worry, I’ll have to eventually. Let’s just say the folks at CBS are likely pretty steamed up over getting hauled into court on a smelly copyright suit involving a noisy character from its…more
| Civil Remedies, Intellectual Property

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 hundreds…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

A Real Lulu of a Trademark Infringement Case

It’s that time of year again, the Minnesota State Fair is here, and trademark issues abound, again…more
| Communications & Media Law, Intellectual Property

Absinthe Makers Are Not Toasting In Switzerland

Although once illegal in the United States, absinthe can now be consumed in your local bars. It was a favorite drink of writers and artists such as Ernest Hemmingway, Vincent van Gogh, Oscar Wilde and Pablo Picasso. …more
| Communications & Media Law, Intellectual Property

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
| Communications & Media Law, Intellectual Property

Hey Commish, Can You Trademark The (Fantasy Football) League?

All around America, men will soon gather in front of their computers feverishly conducting research, generally wasting time, and participating in one of the manliest things they likely will do for quite some time: their fantasy…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

I’m Gumby Dammit — A Flexible Trademark?

The Minnesota History Center is currently promoting its Toys of the ’50s, ’60s and ’70s exhibit — my favorite promotional billboard is the one captured above, featuring none other than Gumby…more
| Communications & Media Law, Intellectual Property

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
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

Data Breach Notification, Helpful or Harmful?

Some IT professionals are debating whether they would issue a data breach notification in the event of a hack. Their rationale is that such a notification makes them a target for other hackers and that most of the incidents that…more
| Commercial Law & Contracts, Science, Computers, & Technology

Minnesota Primary Election Results

All in all, primary election night was a good one for endorsed candidates and incumbents. That result was no doubt driven in part by the very low voter turnout. Secretary of State Ritchie predicted a 10 to 15 percent voter…more
| Elections & Politics

The C-word and IP Rights

No, not that c-word. The protection and enforcement of intellectual property rights involves a plethora of c-words: copying, counterfeit, copyright, cease-and-desist, CIPO (the Canadian IP Office). But the one I am…more
| Communications & Media Law, Intellectual Property, International Law & Trade

Judge Posner, I Presume

Over the past several months, Judge Posner and the Seventh Circuit has handed a couple of rare, but well-deserved wins to the public domain. On June 16, 2014, the Court issued an opinion holding that the primary characters of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Intellectual Property

Monkey See, Monkey Do Selfie?

Is photography nowadays really so easy even a monkey can do it? What about a caveman? If Wikimedia is right, the caveman would own a copyright in his selfie (or perhaps Geico, under the work for hire doctrine)…more
| Communications & Media Law, Intellectual Property
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