December 2015

-Wes Anderson, Attorney

Just as the Minnesota Vikings exceed expectations this year and push into the NFL playoffs, the Vikings’ still-unfinished new stadium is producing some interesting (if not expected) branding-related litigation.
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A major topic of conversation here in the Twin Cities is the 2016 opening of U.S. Bank Stadium, the Vikings’ new home built

-Martha Engel, Attorney

One of the hottest toys during the 2015 holiday season was the hoverboard, and doesn’t that seem about right for this year.   I saw my first hoverboard earlier this summer — a guy was walking and holding hands with his girlfriend, as she glided alongside him on the hoverboard.  If I were

–  James E. Lukaszewski, ABC, Fellow IABC, APR, Fellow PRSA, PRSA BEPS Emeritus

If you are an attorney, work with or have attorneys in litigation, here’s an interesting, relevant, recent story you can relate to. This is also a story about leadership.

A couple months ago, I was asked by a local religious organization

Let’s hope not, for a variety of reasons.

In other words, let’s hope the Supreme Court straightens out the unfortunate ruling last week that the federal government is powerless to deny requests to federally register marks on grounds that they consist of or comprise racial slurs or other matter that may disparage persons.

The CAFC

— Jessica Gutierrez Alm, Attorney

One principal requirement for obtaining a utility patent is that the invention be useful.  “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor.” 35 U.S.C. 101.  The usefulness requirement has roots in

Jelly Belly_Template.inddLast week Jelly Belly Candy Company filed a non-traditional trademark application with the USPTO to federally register the shape of its Jelly Belly candies. The claimed mark is drawn like this:

JellyBellyDrawingAnd, described like this: “The mark consists of a candy having a rounded squat kidney-like shape, with one longer side being a continuous arc

sidebysideoxytmobile

Techdirt is crying foul (again) and this time, wrapping the “trademark bully” mantle around the magenta-colored neck of the T-Mobile brand for enforcing its color trademark against OXY.

While I certainly don’t have the details of the dispute (and it appears Techdirt doesn’t either), and OXY hasn’t produced the actual

This isn’t necessarily new news, but I thought it deserved a post regardless.  Back in late November, Google announced a new policy of pushing back against copyright holders issuing DMCA takedown notices regarding videos which Google believes make “fair use” of copyrighted material.  In Google’s words:

We are offering legal support to a handful of