DuetsBlog Collaborations in Creativity & the Law

Brent Lorentz

View my professional biography

Sitting here, composing a profile for a blog on creativity and the law, I can’t help but recognize the irony of my overwhelming writer’s block. But, here we go…Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. My gravitation towards intellectual property law, specifically, was probably less accidental, given the immeasurable impact of being a college student during the Napster® era. I’m the product of a modest, small-town Minnesota upbringing combined with some polish from a diverse educational background. I received my engineering degree from the University of North Dakota and then, on a whim, moved to North Carolina to attend law school at Duke University. The drastic temperature swing was certainly not the only difference between the two locales, and come to think about it, the only real similarity is probably the word “North.”

An engineer by training, I appreciate both quantitative and qualitative valuation. These two concepts collide head-on in IP law, creating what is, in my humble opinion, the most entertaining and exciting area of law. As we move towards an information-based economy, the laws which govern the incentivization, protection and distribution of information will only become more important.  I see IP law as the front line.

When I’m not focusing on the law, I can typically be found (WARNING: stereotype coming) on the golf course. I also enjoy skiing (downhill and water). Unfortunately, as is the case with most hobbies, my skill level has not yet caught up to my enthusiasm. Perhaps when I retire...

Posts by Brent Lorentz

I’ve Got a Beef with Kobe (Beef).

Posted in False Advertising

How many of you have experienced the purportedly divine dining experience of Kobe beef?  According to a recent article, the number is probably substantially lower than believed.  According to Forbes, the vast majority of Kobe beef is not, in fact, Kobe beef.  That’s because it is apparenlty unlawful for real Kobe beef to be imported… Continue Reading

A Tarnished Lego-cy?

Posted in Mixed Bag of Nuts

It appears that Lego is at it again.  As some of you might recall, I previously authored a post reporting on a Smart Blocks Inc’s efforts to get its product released from customs after they had been seized during importation.  It appears that Lego has now enraged another ostensible competitor who has decided to get… Continue Reading

It’s the Most Wonderful Time Of The Year

Posted in Law Suits

For all you sports fans out there, March is pretty much the greatest month of the year.  The spring thaw is underway, spring training has kicked off in Florida and Arizona, the first PGA major of the year – the Masters – right on the horizon.  And, that’s right, March is the time for “March… Continue Reading

I’m Dye-ing to Know

Posted in Advertising, Non-Traditional Trademarks, Sight

For those of you who frequent DuetsBlog, you’ll know that color trademarks are a common topic of discussion. Steve Baird posted an excellent and thought provoking post just recently discussing Louboutin’s efforts to litigate the boundaries of its rights in the color red. It is generally accepted that color trademarks can receive protection upon obtaining ”secondary meaning” (i.e…. Continue Reading

Tebow Rising? Still?

Posted in Branding

Some of you may remember that I recently authored a post calling Tim Tebow a Garbage Pail Kid.  The thesis of my post was that in the world of personal branding, Tim Tebow was significantly closer to a fad than an enduring symbol likely to yield dividends from significant endorsement investments. After Tebow’s miraculous (lucky) playoff win… Continue Reading

Up On The Rooftop, Reindeer Pause, Out Jumps Good Old Counterfeit Clause.

Posted in Counterfeits

People obviously purchase substantial volumes of products over the holiday season. As much as this is a boon for legitimate retailers and manufacturers, it is also a boon for those unsavory Scrooges that choose to operate on the wrong side of trademark tenets. Let’s call them Counterfeit Clauses.  As a New York Times article recently reported, counterfeit merchandise is… Continue Reading

Tim Tebow Is A Garbage Pail Kid

Posted in Branding

For the two or three of you that have made a habit of reading more than the headlines of my blog posts, you may recall that I have occasionally authored posts about "personal branding" as it relates to athletes and celebrities.  Given my general interest in the topic, I couldn’t help but pile on to the information… Continue Reading

Viva Trademark Protection!

Posted in International, Trademarks

My wife and I were in Puerto Rico this past week for our one year wedding anniversary.   Please hold your applause. For those of you who’ve never been, the above photo is actually of Fort San Felipe del Morro taken from the adjacent Fort San Cristobal in Old San Juan. Because I’m an attorney (and therefore naturally… Continue Reading

Chevy Still Runs Deep For Now

Posted in Advertising

While I was watching my tragic Vikings lose yet another game this season, my wife and I started talking about the general quality of advertisements that have been filling the channels lately. Although there were some disagreements (as usual) we both could agree on one thing. The following Chevy commercial is pretty much one of the greatest… Continue Reading

Lessons From Basketball Wives

Posted in Branding

As I was perusing the recent intellectual property newsfeed, I came across a notice the Gilbert Arenas (NBA Player) had recently filed an appeal with the 9th Circuit attempting to prevent the airing of Basketball Wives L.A. Turns out Mr. Arenas is concerned that this series will unfairly capitalize on his fame and celebrity (translation: he… Continue Reading

When You’re A Jet You’re A Jet All The Way … Unless You Eventually Become A Coyote Or Start Out As A Thrasher

Posted in Branding

For those of you following professional sports generally, and hockey in particular, you now know that Winnipeg has a new NHL team called the Winnipeg Jets. The “new” Jets recently unveiled their updated logo which you can see compared to the old logo above. Now, the “new” Jets are not to be confused with the former NHL… Continue Reading

Stoners Are Not To Be Trusted

Posted in Counterfeits

It’s not every day that a fine news publication like The Onion dips its toes into trademark pool. Given this, I was pleasantly surprised to see this parody about troubling competition to Yellowstone National Park.   Granted, this article came out a couple months ago, but I still think its poignant. Although plainly presented for comedic purposes,… Continue Reading

Scandalous Trademarks: Wanted Dead or Alive?

Posted in Law Suits

On June 15, 2011, the United States District Court for the Southern District of Indiana put a bullet in Dillinger, LLC’s efforts to hold Electronic Arts liable for trademark infringement and unfair competition based on EA’s use of the word “Dillinger” in one of its video games. EA is the developer and publisher of Godfather video… Continue Reading

The Merger Of The CenturyLink.

Posted in Advertising

Recently, through repeated viewing of some commercials and a little independent research, I learned that Qwest has merged with CenturyLink.  In the interest of full disclosure, I know very little about this merger aside from the commercials and internet snippets, but the commercials I’ve seen from Xfinity/Comcast (talk about a muddy rebranding) have piqued my interest…. Continue Reading

What’s In A Name? Sometimes Good, Sometimes Bad, Sometimes Ugly

Posted in Branding

A local controversy has recently appeared over the name of one of Minneapolis’s local lakes – Lake Calhoun.  Apparently, this lake was named after John C. Calhoun who, as secretary of war, established Fort Snelling in Minnesota. According to John Winters, a “local civil war history buff,” Mr. Calhoun held pro-slavery views during the early 1800’s. As… Continue Reading

Would the Real Slim Shady Please Stand Up

Posted in Fair Use

Before I launch into this post, I must provide the disclaimer that I am not a Tweeter and I do not regularly use Twitter.  That being said, here we go. If imitation is the greatest form of flattery, then Twitter is quickly becoming sycophancy central. “Fake” Twitter accounts abound throughout the Twitter-verse and, frankly, I find… Continue Reading

iPhone-y Baloney

Posted in Law Suits

On April 15, Apple launched a massive suit against Samsung alleging various counts of patent and trademark infringement arising from Samsung’s Galaxy line of products. (The Complaint is here.) While the lawsuit involved claims of trade dress infringement and patent infringement, I was most interested in the trade dress aspects of the case.  Of particular interest to… Continue Reading

See You In The Parking Lot After School

Posted in Law Suits

It appears the topic of “trademark bullies” has been trending up recently. (For example, Steve Baird posted about an interesting Webinar that he moderated about dealing with “trademark bullies.”) Since I’m a shameless bandwagon jumper and fad follower (just ask my Pet Rock), I figured I’d write my own trademark bullying post in an effort to capitalize… Continue Reading

NCAA-holes

Posted in Fair Use, Law Suits

There has been a recent (over the last two years) rash of lawsuits by former NCAA athletes alleging a right to recover money arising from the exploitation of their likenesses in video games. Recently, the Ninth Circuit heard arguments in the case Keller v. Electronic Arts, Inc. (complaint here). For a summary of the case and arguments,… Continue Reading

Do You Smell That?

Posted in Law Suits

Clorox and Church & Dwight recently settled a lawsuit relating to cat litter. (News release here.) The basis for the lawsuit was Church & Dwight’s allegation that Clorox was airing an advertisement which misleadingly implied that cats preferred Clorox’s Fresh Step cat litter to Church & Dwight’s Arm and Hammer Super Scoop cat litter: "The Clorox Advertisements… Continue Reading

Master Blaster!

Posted in Branding

  It was recently announced that Augusta National (home to golf’s famous Masters tournament) would be featured in the latest installment of the Tiger Woods video game. For those of you unfamiliar with the franchise, it has sold millions of games over the past dozen years. Some of the keys to success, in my opinion, are that… Continue Reading

Unintended Consequences

Posted in Branding

As I was perusing ESPN.com, I came across an interesting installment on their Page 2 Power Rankings. For the uninitiated, Page 2 Power Rankings is a light-hearted ranking of the top sports-related stories grabbing headlines over the previous week (or two, or three, I’m not sure of the frequency).  As a Minnesotan and an NFL fan, my… Continue Reading

myBrand

Posted in Branding

  Monday, November 9, 2010 marked the release of yet another title in the often controversial “Call of Duty” video game franchise and, with that, the release of controversial advertising. Of particular note is the below commercial featuring Kobe Bryant and Jimmy Kimmel in a no-holds-barred shootout meant to illustrate the experience of on-line gameplay. Not… Continue Reading

Lego My Smart Blocks

Posted in Law Suits

On September 23, 2010, Smart Blocks, Inc. filed an action against Lego seeking, among other things, to recover a shipment of Smarck’s Smart Blocks that were being held up at U.S. Customs. For those of us who don’t specialize in U.S. border protection, the Customs Department has the authority to seize goods which are believed to infringe… Continue Reading