Winthrop & Weinstine, P.A.

Chartreuse Color Trademark on the Loose

We’ve written a lot about single color trademarks here over the years. Weems, the owner of the Flexilla brand has unleashed its federally-registered chartreuse-colored non-traditional trademark for “compressed air hoses” against…more
| Intellectual Property

Santa Goes to the Trademark Office

This is Fashion Santa. Or at least it was until recently. Fashion Santa is a role that originated with model, Paul Mason and Toronto’s Yorkdale Mall in 2014. He promoted the mall and a successful charitable giving…more
| Intellectual Property

The Unfortunate Renaming of U.S. Cellular Field

I grew up with the White Sox playing in Comiskey Park, then after they tore that down, New Comiskey Park. In 2003 that changed to U.S. Cellular Field. Now, it’s undergoing another name change – Guaranteed Rate Field. Now I don’t…more
| Art, Entertainment, & Sports Law, Intellectual Property

Trademark Scam Results in More than $600,000 in Refunds in New Zealand

The records of applications and registrations at the U.S. Patent and Trademark Office are publicly available, allowing individuals and companies to evaluate the registered trademark rights of third-parties. Unfortunately, these…more
| Intellectual Property

Just Wait Until the USPTO Lays Its Hands on These Single and Dual Color TM Applications

Back in 2009, we wrote about what was then Kimberly Clark’s pair of single color purple trademark registrations in connection with “gloves for medical and surgical uses” and “disposable nitrile gloves for general use,” now owned…more
| Intellectual Property, Science, Computers, & Technology

It Is Not “Easy Like Sunday Morning” To Use Commodore As A Trademark

The band’s song “Easy” does not reflect Commodores’ founder Thomas McClary’s court battle to use the trademark “COMMODORES founder Thomas McClary” for his solo career. As I dug further into the meaning of the song, it is…more
| Art, Entertainment, & Sports Law, Intellectual Property

Federal Judge Suspends FLSA Overtime Rule

On November 22, 2016, just 10 days before the Department of Labor’s final rule on overtime exemptions was to become effective, a federal judge in Texas issued a preliminary injunction halting its implementation…more
| Civil Remedies, Labor & Employment Law

Who’s the PATRÓN Anyway?

PATRÓN (meaning “boss” or “landlord” in Spanish) is a pretty famous brand name of tequila (federally-registered since 1993), and don’t forget this gem from the archives..…more
| Communications & Media Law, Intellectual Property

Had you heard of Dropbox in 2009?

The popular cloud storage system Dropbox recently won summary judgment against Thru, Inc.’s claim of trademark infringement…more
| Intellectual Property, Science, Computers, & Technology

“Just Say No” to Rejection of Marijuana Trademarks

Overshadowed by that yuuuge, shocking, {insert adjective for your feelings here} win was the legalization of recreational marijuana in three more states – California, Massachusetts and Nevada – in conflict with federal law. …more
| Intellectual Property

ADD A ZERO v. ADIZERO

The long running trademark dispute between Adidas and a church in Illinois just had a decision handed down by a federal appeals court. Adidas thought it could outrun a church in Zion Illinois, but it appears that they…more
| Civil Procedure, Constitutional Law, Intellectual Property

The v. Any

When it is clear that you need to take responsibility for an obvious inconvenience, it is far better to own “the” inconvenience than apologize for “any” inconvenience, bravo RBC Plaza..…more
| Intellectual Property

Does (Real) Life Imitate (Video Game) Art?

The cause and effect relationship between art and culture has been a long-debated topic. Does art depict what actually exists in our culture, or does the art dictate what exists. It’s a classic chicken/egg debate. And this…more
| Art, Entertainment, & Sports Law, Elections & Politics, Science, Computers, & Technology

Minnesota 2016 Election Summary

The Donald Trump wave that swept the Midwest certainly had an impact in Minnesota. As of Wednesday morning, Hillary Clinton led Donald Trump in Minnesota by 46.4% to 45%, a margin of only 43,000 votes in what had been…more
| Elections & Politics

Is Your Intent-to-Use Trademark Application Vulnerable?

A common misunderstanding about trademark law involves what is actually necessary in order to “own” a trademark. There are a number of requirements that many companies miss if the company doesn’t do its research or hire an…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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