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

It Is Not “Easy Like Sunday Morning” To Use Commodore As A Trademark

Posted in Fair Use, Law Suits, Trademarks

The band’s song “Easy” does not reflect Commodores’ founder Thomas McClary’s court battle to use the trademark “COMMODORES founder Thomas McClary” for his solo career.  As I dug further into the meaning of the song, it is actually about the relief of ending a really difficult relationship.  I guess it fits that the relationship, or… Continue Reading

Trendy Shoemaker Cannot Slay the Fashion King

Posted in Branding, Fashion, Infringement, Law Suits, Trademarks

Plaintiff LVL XIII Brands Inc. (“LVL XIII”) must not have heard of the old saying:  “Never strike a king unless you are sure you shall kill him.”  The New York start-up sneaker company decided to take on fashion king Louis Vuitton over a metal plate attached to high-end men’s sneakers.  LVL XIII’s claims were dismissed… Continue Reading

No Budding in Line Washington Redskins

Posted in Branding, Famous Marks, Marketing, Mixed Bag of Nuts, Trademarks

In a case with special significance to our DuetsBlog crew (our founder Steve Baird started the fight to cancel the THE REDSKINS trademark registrations in 1992 – see more about the Harjo case here) and significant to trademark practitioners and owners alike, the federal government is asking the United States Supreme Court to deny the… Continue Reading

Is It a Clean Fight?

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

It is no wonder that two companies manufacturing detergents would want to use the word “clean” for their products and brand.  The Dial Corporation (“Dial”) owns the federally registered trademark PURECLEAN that it used to market its PUREX detergents.  To protects its mark, Dial sued the Procter & Gamble Company (“P&G”) to enjoin it from… Continue Reading

Social Media and Jurors

Posted in Civil Procedure, Copyrights, Law Suits, Search Engines, Social Media, Social Networking, Technology

Social media impacts every facet of life and is often discussed in DuetsBlog posts. Courts are now having to address social media issues in connection with jurors. A federal judge in California is considering banning the use of social media altogether in a copyright case before him brought by Oracle America, Inc. against Google, Inc…. Continue Reading

Carlos Santana is Everywhere

Posted in Copyrights, Fair Use, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Technology

Seeing Carlos Santana this weekend while watching the Super Bowl with friends reminded me about the recently filed copyright infringement suit against BuzzFeed. You might be thinking, “that was Chris Martin of Coldplay, not Carlos Santana, who played the Half Time show.” However, I am referring to Mr. Santana’s revamping of the theme song for… Continue Reading

Trademark Bully or Not?

Posted in Infringement, Law Suits, Mixed Bag of Nuts, Trademark Bullying, Trademarks

Chrysler and Moab Industries LLC (“Moab”) have been battling over the Moab mark for years. Moab holds the federally registered trademark Moab Industries®. Its business involves customization or uplifting vehicles—primarily JEEP® Wrangler® vehicles manufactured by Chrysler. In 2012, Chrysler sought to register a “Moab” trademark, but the application was denied based on a likelihood of… Continue Reading

The Board Lends a Blow to Celebrities

Posted in Famous Marks, Fashion, Marketing, Mixed Bag of Nuts, Technology, Trademarks, TTAB

The celebrity known as will.i.am from the musical group the Black Eyed Peas sought to register three marks for “I AM” in connection with cosmetics, cell phones, artificial eyelashes, sunglasses, and brass wrist cuff bracelets, among other goods. In three precedential opinions,the Trademark Trial and Appeal Board (“Board”) refused to register these marks based on… Continue Reading

Is Gatorade Gonna Hate Hate Hate?

Posted in Mixed Bag of Nuts

It may be because I attended her concert last weekend, but a new trademark lawsuit brought by the owner of the GATORADE mark made me think of Taylor Swift. One of her popular songs, “Shake it Off” has a chorus that says, “Haters gonna hate hate hate.” (I digress, but Ms. Swift has been involved… Continue Reading

Tory Burch Protects Her Brand

Posted in Counterfeits, Famous Marks, Fashion, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million judgment and permanent injunction against jewelry company Lin & J International, Inc. and its owners (“Lin & J”).   The judge found that… Continue Reading

Update on Battle Over the Navajo Mark

Posted in Dilution, Fair Use, Famous Marks, Fashion, Genericide, Infringement, Law Suits, Trademarks

In a surprising move last week, Urban Outfitters and its subsidiaries (collectively “Urban Outfitters”) moved to withdraw their motion for partial summary judgment on the secondary liability claims being brought against them by the Navajo Nation (“the Nation”). You might recall that I informed you about the lawsuit and a pending summary judgment motion brought… Continue Reading

Use of NAVAJO – Is Urban Outfitters Infringing or Not?

Posted in Dilution, Famous Marks, Fashion, Genericide, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

Battles continue to wage over use of the “Navajo” and “Navaho” marks in New Mexico federal court. The Navajo Nation (“the Nation”) sued Urban Outfitters and its subsidiaries, including one of my favorite retailers, Anthropologie, (collectively “Urban Outfitters”) in 2012. The suit is now heating up with motion practice. The complaint alleges that Urban Outfitters… Continue Reading

Wonderful End of 2014 for Pom Wonderful

Posted in Mixed Bag of Nuts

Pom Wonderful received an early New Year’s present from the Ninth Circuit last Tuesday. A lower court had denied Pom Wonderful’s motion to enjoin the company doing business as Pur Beverages from using “pŏm” on its pomegranate-flavored energy drinks because of a likelihood of confusion with its POM® mark. The Ninth Circuit found that the… Continue Reading

Henley Is Not Taking It Easy

Posted in Advertising, Fashion, First Amendment, Infringement, Law Suits, Trademarks

According to music icon Don Henley, intellectual property rights are not a joking matter. Duluth Trading Company found this out when it adopted the advertising slogan: “Don a henley, take it easy” to promote and sell Henley shirts (examples pictured below). Despite my purported (at least in my mind) fashion expertise, I first learned what… Continue Reading