–Catlan McCurdy, Attorney Well, Duets, I have some bad news. I’m hitting the road. It wasn’t anything you did, seriously. It really is me, not you. I’m relocating to Washington DC, and while I may pop up as a guest blogger, this may be the last time we see each other officially. It’s been almost… Continue Reading
Tag Archives: Catlan McCurdy
Apple Store Design Now a Registered Trademark
Posted in Sight, Trademarks–Catlan McCurdy, Attorney Duets readers everywhere may recall my shock back in June 2011 when I encountered the first Microsoft brick-and-mortar store at the Mall of America. Now, about two years later, the store is still there, located right across the aisle from Apple . The crowd levels in the stores seemed close to the crowd… Continue Reading
Update on Tory Burch Lawsuit
Posted in Branding, Law Suits–Catlan McCurdy, Attorney The Tory Burch C. Wonder saga has drawn to a close, and sadly for this captive audience member, due to a settlement agreement. On the evening of December 26, 2012, Tory Burch announced that she and her ex-husband, Chris Burch, had come to an agreement to settle all pending legal claims between… Continue Reading
Antigua and Barbuda: Haven from Minnesota Winters and Copyright Infringement
Posted in Copyrights, International–Catlan McCurdy, Attorney When you’re attempting to seek financial retribution from the United States, you have to get a little creative. And it sounds like Antigua and Barbuda employ some creative people. The Carribean nation, known for its beaches, weather, and gambling, once thrived on a gambling industry that employed 5 percent of its people. The… Continue Reading
C. Wonder – Not So Wonderful According to Tory Burch
Posted in Branding, Law Suits–Catlan McCurdy, Attorney Tory Burch, a designer known for her colorful, yet accessible preppy styles and signature double-T medallion, has a new contender to deal with in the fashion world, and unfortunately it’s her ex-husband and former business partner, Chris Burch. Chris opened up his own store in 2011, under the unfortunate name C. Wonder, which,… Continue Reading
Copyright Protection for Clothing Designs Unlikely to Pass in 2013
Posted in Copyrights, SoapBox–Catlan McCurdy, Attorney Copycat dress from Harry Potter and the Deathly Hallows (left) and Alexander McQueen dress (right) Warner Brothers certainly could have afforded to buy an authentic Alexander McQueen rather than copying. As the year draws to an end and newly elected members of Congress celebrate over mimosas this morning, I thought we’d check… Continue Reading
Louboutin Keeps Its Trademark Registration
Posted in Famous Marks, Infringement, Trademarks–Catlan McCurdy, Attorney The most publicized trademark lawsuit in 2012 has now come to a close, and while Louboutin was denied its motion for a preliminary injunction, the company should be happy it didn’t lose everything. As you might recall, the District Court initially denied Louboutin’s motion in August 2011 and then went one step too… Continue Reading
How Well Do You Know Your Logos?
Posted in Branding, Trademarks–Catlan McCurdy, Attorney Bored one evening in college and watching re-runs of Seinfeld, a friend and I devised what we thought to be a pretty ingenious game. Be the first to correctly guess the brand behind the commercial and ye shall be declared the winner. Loser drinks. Before you start judging, just remember that as freshman we… Continue Reading
New Cheerios Billboards: Keeping it Simple
Posted in Advertising, Branding, Famous Marks, Trademarks–Catlan McCurdy, Attorney Driving down the highway the other day, I spotted a new billboard. There were no brand names associated with the ad, and the entire sign consisted of only a single word: Love. And yet, I instantly understood the connection: Cheerios. With its bright yellow background and black characteristic font, the billboard looks… Continue Reading
DIY Louboutin: A Can of Red Paint and $30 Pumps
Posted in Sight, Trademarks–Catlan McCurdy, Attorney Over at DuetsBlog, we have been anxiously awaiting the Second Circuit’s decision in Christian Louboutin v. Yves Saint Laurent. It was predicted that a decision would be made by early Spring 2012. Meanwhile, the French have already made their decision and moved on, covered by our own Tiffany Blofield here. The British,… Continue Reading
Update on Pinterest and Copyright Infringement: Still Pinning
Posted in Almost Advice, Copyrights, Fair Use, Infringement–Catlan McCurdy, Attorney Earlier this spring, I discussed copyright liability for Pinterest users, anticipating that the debate would continue into the summer. But concerns over pinning copyrighted material has petered out faster than the public’s interest in Tom Cruise, and after attending a fantastic Social Media and Law panel discussion on Tuesday, I’m wondering if… Continue Reading
Record Labels Losing Sight of the Purpose Behind Copyright Termination Rights
Posted in Copyrights–Catlan McCurdy, Attorney As we approach the mid point of 2012, I can’t help but look forward to 2013 and the copyright issues yet to surface. Of course, I speak of the right-that-shall-not-be-named: termination. Briefly, termination (also called reversion) rights were built into the Copyright Act in Section 304(c) to protect authors of older works… Continue Reading
Pinterest, Thy Name is Fair Use
Posted in Almost Advice, Copyrights, Fair Use, First Amendment, Infringement–Catlan McCurdy, Attorney First, there was copyright. Then, there was Pinterest. And now, there is drama. The words “copyright infringement” and “Pinterest” have been thrown around a lot recently, mainly due to the blog post of one photographer/lawyer, Kirsten Kowalski. Kirsten recently blogged about her decision to break up with Pinterest aka delete her inspiration boards, and… Continue Reading
LMFAO: Scandalous and We Know It
Posted in Trademarks, USPTO–Catlan McCurdy, Attorney The band LMFAO is coming to Minneapolis this May. The band’s name, a mouthful of letters sadly capable of no shorter nickname, is derived from Internet slang that evolved from LOL to LMAO to LMFAO. If you don’t know the meaning behind each acronym, I’ll leave your capable fingers to the Internet… Continue Reading
ABRACADABRA! Pay me $17,000 for stealing my copyrighted magic tricks.
Posted in Trademarks–Catlan McCurdy, Attorney A magician by the name of Hans Klok, former Las Vegas performer and Pamela Anderson aficionado, was fined the equivalent of $16,725 earlier this month by a Dutch court in a copyright infringement case over magic tricks. Klok was sued by his former sidekick, Rafael van Herck, for copying a routine where… Continue Reading
Tiffany and Co. Joins Louboutin in the Fashion Color War
Posted in Sight, Trademarks–Catlan McCurdy, Attorney Another fashion icon has joined the ongoing trademark dispute between Yves Saint Laurent and Louboutin, and despite the fact that many of its goods are very small, the company is actually quite a giant. Tiffany and Company. Yes, Tiffany. We’ve all been waiting for the company’s two amicus cents to be thrown… Continue Reading
The Fashion Bill Slowly Creeps Towards Becoming a Law
Posted in Copyrights–Catlan McCurdy, Attorney Above, my favorite latest designer ripoff – the Kate Middleton wedding dress. A cheaper version of the Alexander McQueen designer’s, Sara Burton, vision, so now every bride can feel like a princess… (photo credit to Mirror.co.uk) With New York Fashion Week nearing its end, and the whirl of Forever 21’s sewing machines beginning… Continue Reading
Ralph Lauren’s New Fall Focus: Mexican Drug Traffickers?
Posted in Branding–Catlan McCurdy, Attorney If the thousands of ads I have seen over the years have taught me anything, it is that the words “Ralph Lauren” and “drug traffickers” don’t belong in the same sentence. According to ad campaigns, upon hearing “Ralph Lauren” we are instead supposed to imagine clean-shaven, chiseled young men with their equally… Continue Reading
Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Brent Lorentz
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. More...
Tiffany Blofield
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. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Martha Engel
Although my interest in gadgetry and my aptitude for math eventually led me to become an engineer, my ad executive father and artistically gifted mother fostered an appreciation for the creative from a young age. More...
Anjali Shankar
When I was in elementary and middle school, I loved writing short stories. Creativity and imagination seem to come naturally to people when they are young. More...
Timothy Sitzmann
I have always considered myself to be a creative person. Full disclosure: I'm not claiming that I've created anything good, merely that I have created things that exist.More...
Cathleen Dahl
Trademarks and I met through a small job advertisement in the back of a local newspaper, and little did I know that I would spend the next 18 years (and counting) deriving a living from their existence and importance. More...