DuetsBlog Collaborations in Creativity & the Law

Tiffany Blofield

View my professional biography

Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else (though I have traveled across many borders, including the pond, and various state lines).

My calling to the courtroom, led me to earn my law degree from the University of Minnesota, after receiving my undergraduate degree in Economics and Psychology from St. Olaf College. After law school, I quickly realized that I’m more at ease in the courtroom than in my own living room, so I became a litigator. Over the years, I have developed my own style of litigating (I’m trying to trademark it) and aggressively represent my clients whether I am protecting valuable intellectual property or tackling the interests of professional athletes. Although I am not as wacky or as flaky as Ally McBeal, litigation still holds its “entertainment value” after fifteen years in the profession. This year’s Valentine’s Day festivities are evidence (pun intended) of my passion — instead of celebrating the typical Valentine’s Day with dinner and roses, our litigation team celebrated the seventh anniversary of the then largest jury verdict in Minnesota. The verdict came after a nine year battle and, as a result, V-Day has now become known as “Verdict Day.” I’m hoping to rename more holidays soon.

Posts by Tiffany Blofield

Stealing Trademarks Can Land You in Jail

Posted in Law Suits

Trademarks and branding are worth a lot of money to a company.  The Fourth Circuit recently addressed the serious issue of trademark counterfeiting.  This form of trademark infringement occurs when a company manufactures goods (or performs services) that are identical to those of the trademark owner, and then passes them off as the authentic goods… Continue Reading

Face-Off Between Yahoo & Facebook

Posted in Law Suits

The business partnership between Yahoo and Facebook is kaput.  Yahoo sued Facebook in the first major patent lawsuit in the social networking technology field earlier this month.  Yahoo alleged that the growth experienced by Facebook “has been based in large part on Facebook’s use of Yahoo’s patented technology.”  The case involved allegations related to ten… Continue Reading

The Hangover II Has More Legal Woes

Posted in Law Suits

Although it was not up for an Academy Award last weekend, I was thinking about Hangover II while getting ready to attend an Oscar party this past weekend.  Warner Bros. Inc. (“Warner Bros.”) has again been sued over this movie.  You may recall Steve Baird’s informative and entertaining post about the potentially tangled web of… Continue Reading

YSL Has a Friend in Its Battle with Christian Louboutin

Posted in Law Suits

We have previously blogged about the battle over Christian Louboutin’s (“Louboutin’s”) trademark registration for lacquered red soled shoes that is taking place in New York and is now before the Second Circuit. Friends of the Court (the Latin meaning of the phrase amici curiae) that have weighed in on Louboutin’s side include both Tiffany & Co…. Continue Reading

INTA Seeks to Aid in Protection of Color Trademark

Posted in Law Suits, Non-Traditional Trademarks, Trademarks

The International Trademark Association (“INTA”), formerly known as the United States Trademark Association (USTA), has been around since 1878—longer than the color trademark and high-end designer shoes.  It is a not-for-profit organization dedicated to the support and advancement of trademarks and related intellectual property concepts as essential elements of trade and commerce.  This important organization… Continue Reading

Obama Campaign Sues to Protect Trademarks

Posted in Law Suits

President Obama campaigned hard to win his presidency.  Only a trademark attorney would ignore his excellent oratory skills and attribute his success to his campaign trademarks. However, even pundits attribute some of President Obama’s success to his use of social networking and marketing prowess. In connection with his campaign, President Obama for America (“OFA”) registered several trademarks… Continue Reading

The “Situation” is Creating a Situation

Posted in Law Suits, Trademarks

I recently blogged about Trademarks held by and registered to the Kardashians. Another popular reality show is “Jersey Shore” that follows the lives of eight twenty-something roommates initially at the Jersey Shore (hence the name of the show), but also living in Miami and Italy during seasons 2 and 4. They are known for their partying,… Continue Reading

Social Media Giant Sued for Trademark Infringement (Again)

Posted in Infringement, Trademarks

Several months ago, I remarked that the social networking industry is a fertile ground for trademark battles. See “Two Degrees Of Separation From Justin Timberlake.” In my prior post, I discussed the fact that Facebook, Inc. (“Facebook”) had sued Teachbook.com LLC alleging various claims including federal trademark infringement, dilution, false designation of origin and others. Last month, the… Continue Reading

Kardashian/Jenner Trademarks

Posted in Trademarks

As our Minnesota-born Kris Humphries has now married into the Kardashian Klan, I thought I would check out what trademarks his in-laws have registered. Mother-in-law Kris Jenner (formerly Kardashian) has built an empire for her family. She manages the careers of her daughters through the company Jenner Communications that is very active in branding. Attorney Jennifer K Craft… Continue Reading

Two Degrees Separation from Justin Timberlake

Posted in Law Suits

Justin Timberlake was featured in recent movies about Facebook (i.e., Oscar nominated The Social Network) and a movie about teachers who may use Teachbook (i.e., Bad Teacher with former girlfriend Cameron Diaz). Ironically, he is therefore somewhat connected to both parties in a lawsuit filed in federal court in Illinois (closer than the six degrees… Continue Reading

Cat Fight Over Smelly Cat Litter Continues

Posted in Law Suits

Church & Dwight Co., Inc. (“C&D”) the maker of Arm & Hammer® Super Scoop®has sued the Clorox Company (“Clorox”), the other leading seller of cat litter in the United States, for false advertising under the Lanham Act and various state law claims.  This cat fight initially involved Clorox advertisements that depicted multiple cats shunning and… Continue Reading

English Company Loses to Magic Kingdom

Posted in Infringement, Law Suits, Trademarks

English Company THOIP asserted its rights to a family of unregistered trademarks in a children’s book series involving cartoon characters called “Mr. Men” and “Little Miss” by suing the king of the cartoon characters—Walt Disney Company (and related companies). The products at the center of the dispute are t-shirts. You may have seen Britney Spears… Continue Reading

The Designer of Everyone’s Favorite Red Heeled Shoes Sues to Protect His Empire

Posted in Famous Marks, Law Suits, Trademarks

French designer Christian Louboutin is one of the most exciting high fashion shoe designers in the world. Initially, he developed his now famous trademarked Red Sole Mark shoes. by merely using red nail polish on the bottom of a shoe nineteen years ago. In August 2006, he registered the mark described as “The color(s) red is/are claimed… Continue Reading

Smartphone Mania Has Resulted in IP Activity

Posted in Branding, Law Suits, Trademarks

The smartphone market is very litigious. Taiwanese company HTC Corporation (“HTC”) filed a declaratory judgment action against Samsung in Washington last week. The lawsuit came on the heels of receiving a cease and desist letter from Samsung regarding HTC’s “Inspire” line 4G android cell phones. In its lawsuit, HTC seeks a judgment that it can use the “Inspire”… Continue Reading

The Value of Intellectual Property Survives Death

Posted in Branding, Copyrights, Law Suits, Trademarks

The “King of Pop,” Michael Jackson, is earning big money even after his death. To protect this income and value of his brand, a week ago, Michael Jackson’s estate brought suit in California against his mother’s business partner, alleging infringement of the valuable rights to Michael Jackson’s likeness, image, copyrights, trademarks (See Dan Kelly’s post on… Continue Reading

eBay is Embroiled in More Intellectual Property Disputes

Posted in Infringement, Law Suits, Trademarks

Many people will access eBay this month to purchase that special gift for the holidays. In doing so, there are many products listed on eBay that are associated with valuable trademarks.    In a previous blog post, “New York Provides No Assistance to ‘The Little Blue Box’ Company,” we informed you that a district court had found that… Continue Reading

Perfumers Need Trademarks

Posted in Famous Marks, Trademarks

As I was reading US magazine last weekend, I saw that Jennifer Aniston (my favorite “Friend”) launched her first perfume last month. She describes it as a combination of the ocean, sea air, blooming jasmine and tropical oils. I might have to try it. Our guest blogger Mark Prus recently discussed the perfume in his… Continue Reading

Rocker and Reality Star Settles Suit Regarding Trademark

Posted in Trademarks

Band names are big merchandising business, including t-shirts, hats, posters and other paraphernalia.  When checking the United States Patent and Trademark Office (“USPTO”) website for other band trademarks, I was not surprised that the lead singer and savvy businessperson Jon Bon Jovi (a.k.a. John Bongiovi) owns the Bon Jovi® trademark himself. Eighties band REO Speedwagon set… Continue Reading

Burlington Coat Factory’s Claim of Naked Licensing Is Not A Ploy To Increase Coat Sales

Posted in Law Suits

When accused of trademark infringement by popular designer Fendi, Burlington Coat Factory attempted to defend the lawsuit by raising the affirmative defense of “naked licensing.” Do not let the thought provoking name fool you. The doctrine has nothing to do with disrobing. Instead, the doctrine is designed to prevent confusion by consumers as to the source of the… Continue Reading

Shaq is Attacking to Protect His Likeness

Posted in Trademarks

You may have heard the phrase “Shaq Attaq” referring to the famous NBA player and gold medal winner Shaquille O’Neal’s basketball skills.  While he played basketball in Arizona for the Phoenix Suns, the Arizonians nicknamed him “The Big Cactus” and “The Big Shaqtus” in reference to the combination of Mr. O’Neal and an Arizona cactus…. Continue Reading

Shopping for a Trademark

Posted in Advertising, Branding, Trademarks

Are you shopping for a trademark? Stores spend lots of money branding their names. Accordingly, many register their store names as trademarks.   Over Thanksgiving while shopping in Turkey,  I saw the store front sign Inci®. I thought it was unique because you do not often see the ® on a store front sign. For example, you do… Continue Reading