Collaborations in Creativity & the Law ®
-Martha Engel, Attorney
On a recent happy hour trip to HopCat, a brewpub chain with an incredible beer list of local and regional craft beers, I expected to find a trademark issue or two among the tap handles. However, instead, I was distracted by a “catsup” bottle (hah) positioned casually next to a bottle of…
-Martha Engel, Attorney
I’m counting down the minutes to leaving my office later today to begin my favorite weekend of the year – the first weekend of the NCAA Tournament! Even though my bubble was bursted on Selection Sunday – my team didn’t make it this year – I am always thrilled by the drama…
-Martha Engel, Attorney
Well, it is the end of February and the Super Bowl hangover in Minneapolis might finally be over. But that doesn’t mean there isn’t still time to analyze trademarks related to the Big Game. Much ado was made about the Eagles’ “Philly Special” trick play. When a catch phrase is born,…
-Martha Engel, Attorney
To me, one of the most exciting aspects of intellectual property law is when patent law and trademark law intersect in product or packaging design. Last week, I had the honor of speaking to a graduate product design class at the University of Minnesota’s School of Design, where I discussed the valuable…
-Martha Engel, Attorney
On December 11, I will be presenting a CLE on Brewery and Distillery Law, discussing trademark issues affecting breweries and distilleries. One of the topics that I’ll spend some time on during that presentation – and one that we’ve covered a lot here – is how the Trademark Office considers beer…
-Martha Engel, Attorney
What happens when a clothing manufacturer starts selling graphic t-shirts and sweatshirts, perhaps without doing a proper trademark search? Sometimes a lawsuit.
A trailblazing brewery when it comes to trademark disputes, Long Trail recently sued snowboard manufacturer and fellow Vermonter Burton for using TAKE A HIKE on shirts and sweatshirts. Here’s…
-Martha Engel, Attorney
Several years ago I wrote a post about Selfridges’ “No Noise” campaign, featuring de-branded items from brands like Heinz, Clinique, and Levi’s. In that post, I asked whether de-branded design would soon become a new trend.
It looks like we might be there at least in theory with Brandless, a startup…
-Martha Engel, Attorney
In Monday’s decision in the newly minted Matal v. Tam case, the Supreme Court affirmed the Federal Circuit decision that the Trademark Office’s refusal to register THE SLANTS mark on disparagement grounds was unconstitutional. Many were not surprised by this decision, foreshadowed in part by the transcript of the January oral argument…
-Martha Engel, Attorney
Today is Flag Day, which commemorates the adoption of the Stars and Stripes as our national flag 240 years ago. Although maybe more obscure than Fourth of July or Memorial Day since it is not a federal holiday, this has always been one of my favorite American holidays. There’s just something…
-Martha Engel, Attorney
I spent much of Saturday morning watching Warren Buffett and Charlie Munger at the annual Berkshire Hathaway shareholder meeting. I have previously made the pilgrimage to Omaha, waiting outside before dawn with a plan for our seats much like these guys. In the last two years, thankfully, they’ve streamed it…