Winthrop & Weinstine, P.A.

Help! Someone Copied My Stuff!

At some point in this digital age, almost every individual or business in the creative space will discover that somebody has copied them. You may see it yourself, or you may get the stomach-dropping “Doesn’t this look an awful…more
| Commercial Law & Contracts, Intellectual Property

USPTO Pulling Up the Ladder on Picture-Word Equivalency in Assessing Trademark Rights?

A recent stroll through the Minneapolis skyway and the above construction billboard reminded me that we haven’t discussed the picture-word equivalency doctrine in trademark law for some time…more
| Intellectual Property

Don’t Get TRUMPed By a First-Filer

Reading over this story on Donald Trump’s decades of headaches (and conveniently-timed successes) with the TRUMP trademark and the Chinese Trademark Office, I was reminded, as I always am, of the importance of filing federal…more
| Intellectual Property, International Law & Trade

Pass the…Creative Work

I laughed when I saw yesterday’s Adweek article about Heinz adopting Don Draper’s “Pass the Heinz” pitch from the hit show “Mad Men.” Given the lackluster creativity observed from the Super Bowl ads, have we actually reached a…more
| Communications & Media Law, Intellectual Property

April Madness, the NCAA’s One Month Buffer?

We write a lot here about the scope and strength of trademark rights and how that determination is often intertwined to making intelligent likelihood of confusion determinations…more
| Art, Entertainment, & Sports Law, Intellectual Property

My USPQ 1 Round Up: “Confusion in Letters”

The United States Patents Quarterly has been a resource used by intellectual property lawyers for a very long time. Most of the decisions published in USPQ are patent decisions, but there are a large number of trademark…more
| Intellectual Property

Celebrity Trademark Battle: “The Kitchen”

World-famous chef Wolfgang Puck recently became embroiled in a trademark battle with Elon Musk’s brother, Kimbal Musk, a venture capitalist and entrepreneur who owns The Kitchen Cafe, a family of restaurants in Boulder, Fort…more
| Civil Procedure, Intellectual Property

Stripe Three, Adidas Called a Trademark Bully

Trademark bullying allegations are in the news again. Not only is Forever 21 calling Adidas a trademark bully for asserting rights in the three stripe design mark, it is asking a federal court to say it has not done…more
| Intellectual Property

The Worst Top Ten List of Traits Ever

Do you wish you could have been a fly on the wall of the meeting that produced this top ten list, or more likely bottom ten list? Even for five minutes? I’m thinking it must have gotten old fast. …more
| Commercial Law & Contracts

Another Shot Across The Virtual Bow

This post is a follow-up to my post a couple weeks ago regarding the Zenimax v. Oculus case. As expected, Zenimax filed its motion for an injunction on February 23. The motion itself pulls no punches. It directly and angrily…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Hasbro thinks the Smell of Play-Doh Is a Trademark, will the USPTO Agree?

As we have discussed previously, trademark protection isn’t an exclusive club for words and pictures. Shapes, sounds, and even the tactile feel of a product can all qualify for trademark protection. And as a recent application…more
| Intellectual Property

Likelihood of Confusion at Its Most Blatant

Imagine my surprise and amusement to find a recent shipment of wine included a very interesting red blend. The bottle featured a name that would make any trademark lawyer do a double-take..…more
| Intellectual Property

Adidas v. Puma: Another three-stripe lawsuit

We’ve written on several occasions about the aggressive policing by Adidas of its well-known “three-stripe” mark for shoes, including attempts to enforce its mark against other two-stripe or four-stripe designs (with some…more
| Civil Procedure, Intellectual Property

The Big Ten and the NCAA Tip Off for MARCH Marks

You don’t have to be a sports fan to be aware of MARCH MADNESS, the name associated with the annual tournament to determine the college basketball national champion. The tournament is organized by the National Collegiate…more
| Art, Entertainment, & Sports Law, Intellectual Property

McCarthy Institute Trademark Seminar 2017

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed…more
| Civil Procedure, Constitutional Law, Intellectual Property
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Capella Tower, Suite 3500
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