Winthrop & Weinstine, P.A.

Tastes Like Chicken, Not a Copyright

A common refrain: “There must be a way to protect this idea, either by trademark or copyright.” Regrettably, in many instances, the answer is “none of the above.” Take, for example, the humble chicken sandwich…more
| Commercial Law & Contracts, Franchise Law, Intellectual Property

Retail Store Branding With a Weak Dollar

It costs dollars to create a brand. It costs dollars to protect a brand. And, it probably costs more dollars to protect an inherently weak brand and mark over a strong one. So, choose wisely…more
| Communications & Media Law, Intellectual Property

Personal Branding with the Right to be Forgotten

Everyone has a brand.  Through every interaction and impression we leave in the minds of others, each of us builds on our own personal brand.  In the Internet age, and particularly with the advent of social media, our personal…more
| Privacy, Science, Computers, & Technology

Louisiana Fish Fry Ltd. Couldn’t Jump Out of Frying Pan

As I was looking at a photo of the fish my nephew caught this weekend, I wondered if my brother and my sister-in-law would be inviting me to a fish fry. Indeed, a fish fry was on my mind after having just read the Federal…more
| Intellectual Property

Targeting Graphic Tees

Up here in the North, we are big fans of the store that has it all – Target. In fact most Minnesotans will often joke that we cannot step foot in a Target store without spending at least $100 and walking out with items we never…more
| Intellectual Property

Will Marketing Pitfall Lead to Sand Pounding?

Preparing to send off to college my two oldest sons, led us to Ling & Louie’s Asian Bar & Grill’s rooftop patio on Minneapolis’ Nicollet Mall last week, and we found an interesting menu item. Under the Sandwiches category:…more
| Intellectual Property

Sony’s “Lens-Style Camera” Trademark: Shuttered by the PTO?

Here’s another fascinating pending application for the file of non-traditional product configuration marks — this time, an application from Sony for the configuration of an all-in-one lens/camera..…more
| Intellectual Property, Science, Computers, & Technology

Beer for Breakfast: Lessons in Co-Branding from General Mills

Yesterday General Mills announced that it had partnered with Fulton Brewery to create HefeWheaties: a limited edition brew. The beer is a Hefeweizen, which is traditionally a wheat-based beer, making it a perfect canvas for the…more
| Commercial Law & Contracts, Communications & Media Law, Intellectual Property

What Does the Trademark Registration Say?

Remember a while back when many were humming to the tune “What Does the Fox Say“? Today, I’m asking, what does the trademark registration say? Not, what does the trademark say — that is a different and more complicated…more
| Civil Rights, Intellectual Property

Justice Delayed or Justice Denied?

Many college sports aficionados are likely aware of the long-raging debate about whether college athletes in high revenue sports, like football and basketball, ought to be paid for their services. After all, college sports have…more
| Art, Entertainment, & Sports Law, Civil Procedure, Education

The Great Presidential (logo) Debate

The day has finally arrived – the beginning of 2016 presidential debate season! The best reality TV showdown around! Democrat or Republican, I don’t discriminate, political debates are probably the only fighting “sport” in a…more
| Elections & Politics, Intellectual Property

Political Notes

Sertich Appointed to the Minnesota Stadium Facilities Authority - After the dust up with Stadium Authority member Duane Benson and Stadium Authority Chair Michele Kelm-Helgen, Governor Dayton appointed former IRRRB…more
| Elections & Politics, Zoning, Planning & Land Use

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
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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

Areas of Practice
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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