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

Are You Famous Enough?

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

If you are Samuel R. Mott, founder of Mott’s LLP, apparently the answer is no.  Mott’s LLP filed applications to register “MOTT’S” for “baby foods” and “packaged combinations consisting of fresh fruit.”  (Serial Nos. 85/374,805 & 85/436,615) The Trademark Trial and Appeal Board (“the Board”) refused to register the marks set forth in these applications… Continue Reading

My Namesake Sues To Protect Its Famous Mark

Posted in Branding, Counterfeits, Dilution, False Advertising, Famous Marks, Infringement, Law Suits, Sight, Trademarks

Coincidentally (or perhaps by design), Tiffany and Company (“Tiffany”) filed suit on Valentine’s Day against Costco Wholesale Corporation (“Costco”) to protect its trademark with respect to engagement rings.  We know from our prior post regarding Tiffany’s amicus brief filed in support of Christian Louboutin that Tiffany actively protects its brand. If you are like me,… Continue Reading

The Louboutin Color Trademark Controversy Continues

Posted in Branding, Copyrights, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Trademarks, USPTO

While watching Lena Dunham stumble in her 6-inch Louboutin red-soled heels during the 70th Annual Golden Globe Awards broadcast, our comments revolved around the fact that her dress was so long, she should have worn slippers instead of stilettos.  We believed that Ms. Dunham should have waited to wear the Louboutin shoes until she was wearing… Continue Reading

Mixed Chicks Scores Big

Posted in Infringement, Law Suits, Product Packaging, Trademark Bullying, Trademarks

It’s not every day that a small company stands up for itself against a multi-billion dollar company in court, and manages to obtain a large verdict in the process, but this is precisely the Cinderella story that played out in a trademark and trade dress infringement case in California recently.  When Mixed Chicks, LLC (“Mixed Chicks”) sued Sally… Continue Reading

P. Diddy Has Something to Sing About

Posted in Trademarks

Sean Combs (also known as P. Diddy or just plain Diddy) is on a roll. His record with Usher entitled DIRTY MONEY was a hit and was nominated for a 2011 MTV Europe Music Award: “Best World Stage.” In connection therewith, P. Diddy sought to register the mark DIDDY-DIRTY MONEY for many categories ranging from… Continue Reading

Shoe Designer Kicks Out Its Counterclaims

Posted in Law Suits, Non-Traditional Trademarks, Trademarks

DuetsBlog has taken an interest in the Louboutin v. Yves Saint Laurent case venued in the Southern District of New York.  I, along with my colleague Steve Baird, have previously written about this important color trademark case, which was remanded from the Second Circuit (here, here, here and here). Last week, Yves Saint Laurent (“YSL”)… Continue Reading

Will the Fashion Industry Be Given Another Gift?

Posted in Copyrights, Non-Traditional Trademarks, Trademarks

The fashion industry has been in the news lately with respect to intellectual property issues.  There was the recent landmark Second Circuit decision reversing the district court’s extreme curtailing of color trademarks in the fashion industry. Louboutin S.A. v. Yves Saint Laurent America Holding, Inc., 11-3303-cv (September 5, 2012).  Specifically, the Second Circuit declined to… Continue Reading

Expanding into Vegetarian Products Lands Starbucks in Hot Water

Posted in Law Suits, Trademarks

Starbucks acquired the organic juice maker Evolution Fresh Inc. (“Evolution Fresh”). After doing so, Starbucks devised a business plan to expand both the type of products offered and expansion into restaurants. Specifically, Evolution Fresh began selling various food products, including vegetarian and vegan foods, along with juices at restaurants. Starbucks also launched a new logo… Continue Reading

Dueling Beauty Queens

Posted in Trademarks

Over the weekend I was shopping for a full-length gown to wear to a charity event in August.  I found a beautiful green Badgley Mischka gown.  It was even on sale, much to my delight.  So I may have been feeling like a beauty pageant contestant when I chose my blog post topic for today. … Continue Reading

Zara Triumphs Over Louboutin

Posted in Mixed Bag of Nuts

French footwear designer Louboutin was recently dealt a blow by a French court. Louboutin sued Spanish clothing manufacturer and retailer Zara in 2008 because Zara sold a red-soled shoe. Although the lower court sided with Louboutin, the French appellate court found that customers would not be confused between the designer’s version of red soled shoes… Continue Reading

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