Winthrop & Weinstine, P.A.

Top 5 Things to Know About the Caucuses in Minnesota

1. What is a caucus and how does it differ from a primary? - The caucus system is a political process put on by the major political parties in Minnesota. At the caucus, party activists endorse candidates and discuss issues…more
| Elections & Politics

A Fine Mess: YouTube’s Reaction to REACT

In the world of YouTube, subscriber count is king. With over 14 million subscribers, the Fine Brothers seemed at the forefront of new media. But earlier this month, the Internet’s collective scorn for a trademark portfolio sent…more
| Communications & Media Law, Intellectual Property

Carlos Santana is Everywhere

Seeing Carlos Santana this weekend while watching the Super Bowl with friends reminded me about the recently filed copyright infringement suit against BuzzFeed. You might be thinking, “that was Chris Martin of Coldplay, not…more
| Art, Entertainment, & Sports Law, Intellectual Property

A Meaningful Shift in Super Bowl Ads

The Super Bowl ads this year were much like the game itself – maybe one remarkable catch, a few fumbles, and heavy on defense. Some even deserved a penalty flag – like the one for toe fungus and the revolting puppy-monkey-baby…more
| Communications & Media Law

Super Bowl Ads, and More Super Bowl Ads?

What is a Super Bowl ad? Typically a Super Bowl ad refers to the ad of a brand that has paid lots of money to air its ad on network television during the Super Bowl, a/k/a The Big Game…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Nominative Fair Use, as Illustrated by Colorful Balls

If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials…more
| Intellectual Property

EU and U.S. Reach Deal on Safe Harbor for Trans-Atlantic Data Transfers

On February 2, 2016, the European Commission announced that the U.S. and European Union have reached a deal on a new Safe Harbor to replace the old Safe Harbor program that was struck down by the European Court of Justice on…more
| Civil Procedure, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

How do you like your rum?

I don’t know what the record is for the longest time it has taken for a trademark application to clear the Trademark Office, but I’m pretty sure that Havana Club would medal. The application for the Havana Club mark for rum was…more
| Elections & Politics, Intellectual Property, International Law & Trade

2016 Minnesota Election Preview

The variables keep changing for the 2016 elections. This is a quick, overall look at the 2016 elections as they stand today…more
| Elections & Politics

Negative Look-For Advertising Statements

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as opposed…more
| Communications & Media Law, Intellectual Property

Insert Coin

Those of you who occasionally read my posts may have noticed that video games are a hobby and interest of mine. I have posted on issues involving video games several times. See Executing Noriega, Flash in the Panama, Calling…more
| Art, Entertainment, & Sports Law, Intellectual Property, Science, Computers, & Technology

Does Louis Vuitton’s Loss to a Parody Defense Justify an Award of Attorney Fees?

Earlier this month the Southern District of New York granted the defendant’s Motion for Summary in Louis Vuitton Malletier, S.A. v. My Other Bag , Inc. The fashion giant had brought suit against a California company over its…more
| Civil Remedies, Intellectual Property

MMB to Announce February Forecast on February 26

Minnesota Management and Budget (MMB) announced today that the February Budget and Economic Forecast will be released on Friday, February 26, 2016 at 11:15 am. Minnesota is required by law to issue a Budget and Economic…more
| Elections & Politics

iPhone 6, Can You Say Nominative Fair Use?

We cover a lot of topics related to nominative fair use of trademarks. Does the example below on product packaging from J. Crew qualify for fair use of the iPhone 6 mark?…more
| Intellectual Property

State and Federal Campaign Finance Reports Due

All federally registered PACs and Super PACs are required to file a year-end report of receipts and expenditures no later than Sunday, January 31, 2016. The period covered by the reports is January 1 through December 31, 2015…more
| Elections & Politics
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Capella Tower, Suite 3500 225 South Sixth Street
Minneapolis, MN 55402, United States

Contact: Gretchen Milbrath, Director of Business Development and Marketing

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