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

Ethically Challenged?

Posted in Advertising

As some of you might have noticed last week, a billboard advertisement in North Carolina appeared to show a scorned woman calling out her spouse for infidelity: This billboard was followed sometime later by a different message: Despite what should have been relatively clear evidence that this was intended to be a publicity stunt for… Continue Reading

Kardashians Caught Without Makeup, But Not The Way You’d Expect

Posted in Advertising, Law Suits, Trademarks

For those of you that came looking for pictures of Kim without face paste, this isn’t your post.  (Try this one.  Yikes.)  But if you’re interested in trademarks and the cult of personality, read on. Some of you might recall my Keeping Up With The Kardashian’s post from mid-January where I summarized a brouhaha developing over… Continue Reading

No Escape

Posted in Copyrights, Fair Use, Famous Marks, Infringement

This post is probably a bit dated for the readers that are on the cutting edge of developments in the film industry.  But since that may only be a small subset of our readers, I thought this information was worth sharing. Apparently, a brazen independent film director managed to surreptitiously shoot nearly an entire film on-site… Continue Reading

Baby I Got Your Money…

Posted in Law Suits

Much of the mainstream media (not us here at Duetsblog) has recently been reporting that, based on a ruling by United States District Court Judge Claudia Wilken from the Northern District of California, ”NCAA athletes can pursue TV money.”  I clicked on and read this ESPN article with great anticipation as it would have been a watershed… Continue Reading

Keeping Up With The Kardashians

Posted in Advertising, Infringement, Law Suits, Trademarks

Those of you with an interest in cosmetics or trainwrecks have perhaps noticed the trademark dispute that has boiled over regarding Kim, Khloe, and Kourtney Kardashian’s use of “Khroma” in their cosmetic line.   Apparently, the sisters have run into double, double, toil and trouble because there were preexisting marks of “Chroma” and “Kroma” used in… Continue Reading

I Didn’t Realize William Faulkner Used To Live Under A Bridge

Posted in Copyrights, First Amendment, Law Suits, Mixed Bag of Nuts

Those of us that work in the field of intellectual property law have gotten really familiar with a species known as trolls.   I’m not talking about mythical Norse creatures.  I’m talking about patent trolls, trademark trolls, and copyright trolls.  To the uninitiated, these various species of trolls are essentially people and companies that attempt to… Continue Reading

I Like My Waffles With Syrup And A Little Splash of Pretentiousness

Posted in Dilution, Fair Use, Famous Marks

If you were a Louis Vuitton waffle, would you eat yourself?  (Admittedly, this opening line was shamelessly intended to provide an opportunity for including that hyperlink.) Apparently, this is now a possibility thanks to the efforts of Los Angeles based artist Andrew Lewicki.  For reasons that will likely always remain unknown to me (perhaps because of my modest Minnesota upbringing), Mr. Lewicki… Continue Reading

Will Livestrong Dieweak?

Posted in Branding

Anyone that has taken an interest in the expanding field of “personal branding” must have taken notice of the now epic fall of Lance Armstrong.  For the uninitiated, Armstrong was a seven time Tour de France winner.  He had been plagued by doping allegations for many years as the public and sports world were generally skeptical of any individual that… Continue Reading

Corporate Peeping Toms?

Posted in Advertising

I recently came across an article on the New York Times website which provided documentation of a woman’s “data trail” during an ordinary day.  The scope of surveillance that each individual is under everytime they step out the door is truly astonishing when you take time to think about. One particular entry grabbed my attention a… Continue Reading

It’s Good To Be King…Or Not

Posted in Advertising

This past week, I was perusing the internet for articles of interest and came across one that made me chuckle–probably because of my profane and childish sense of humor.   Apparently, some clever entrepeneur had been taking advantage of the dated and immature Sofa King joke in connection with a sofa and furniture store.  Recently (okay, almost 6 months… Continue Reading

Clowning Around With Catch Phrase Trademarks

Posted in Trademarks

As some of you may have noticed, one my esteemed colleagues, Jonathan Applebaum, recently wrote an entertaining and informative post regarding Major League Baseball Player Bryce Harper’s efforts to trademark the phrase, “That’s a clown question, bro.”  This was just the most recent example of so called catch phrase trademarks where people have tried to… Continue Reading

Does Adidas Need Remedial Math?

Posted in Law Suits

Adidas recently sued Wolverine for infringement of Adidas’s three-stripe trademark.  Wolverine, as many of you will know, is not merely a kick-ass comic book character, but also a purveyor of footwear under various brands including Merrell, Cat, Footwear, and Hush Puppies.  According to Adidas, Wolverine’s four-stripe design is infringing Adidas’s three strip trademark.  Examples of shoes identified in the Complaint… Continue Reading

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