About
Laura J. Winston is an attorney practicing in the area of trademarks, copyrights and internet law. Please visit www.winstoniplaw.com or contact laura@winstoniplaw.com with any inquiries.
This blog is provided for informational purposes only and does not constitute legal advice.
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Trademark Musings- This Week in Alcohol TM Infringement Claims July 16, 2014Alcohol trademarks were big in the news this week. While we kicked back cold ones and watched the World Cup finals, John Wayne’s estate, Duke University, a brewery and a DUI law firm were battling it out on the infringement pitch. Duke University’s lengthy alcohol policy, which of course expressly forbids those under 21 from […]Laura Winston
- I Believe That We Will Win (the TM Rights) July 8, 2014A few weeks before World Cup fever gripped us all, my daughter and I attended her college orientation. Although she is not attending the most rah-rah school (they don’t even have a football team), we were still taught some of the school’s college cheers. I confess that this is the first time I ever heard […]Laura Winston
- This blog is back! July 8, 2014Hoping to get my interim posts moved over here at some point!Laura Winston
- This blog has moved! March 31, 2012Please visit the new home of Trademark Musings at http://www.trademarkmusings.com.Laura Winston
- Does Oprah Own the Power to Cause Reverse Confusion? August 3, 2011Oprah gets sued from time to time. Back in the 1998 she was sued by Texas cattlemen for slandering meat. Thankfully for free speech, she won. This time Oprah is being sued in federal court in New Jersey for trademark infringement after she began to use the phrase OWN YOUR POWER as part of a motivational campaign in O Magazine, online and […]Laura Winston
- Float Like a Butterfly, Sting Like a Bee, You Cheapen my Trademark, You’re Cheapening Me! July 22, 2011Many years ago, I was in a diner with friends when Muhammad Ali came in. Naturally lots of people rushed up to see him, and I got crushed up against him for a moment. As I strained my neck to look up and see his face, I thought, this is a big guy! (I never […]Laura Winston
- Restaurants Battle Over HEART ATTACK Marks – Is This Something to be Proud Of? May 12, 2011I remember when the Second Avenue Deli, a New York institution, was actually on 2nd Avenue. Since 2007, though, it has been on 3rd Avenue, and they are planning to open another location on 1st Avenue. (At least that averages to 2nd Avenue.) So the location may not be truth in advertising, but at least the restaurant […]Laura Winston
- Phishers Try to Dazzle Us with Marking April 15, 2011After the Epsilon email security breach, I got emails from five different vendors letting me know that their data was compromised. A few days later, spam containing mysterious links was sent from my email address to everyone in my address book. A few days after that, I got an email that purported to be from […]Laura Winston
- Sole-Searching – Footwear as a Trademark April 11, 2011This is the drawing that appears in Christian Louboutin’s trademark registration for red soles on shoes. Only the red sole is the trademark; the drawing of the rest of the sandal is there to show placement of the trademark. These shoes are a little too pricey for me (ok, a lot too pricey, not to mention […]Laura Winston
- Hashtag Hijinks April 2, 2011I was a little annoyed yesterday by the April Fool’s jokes I was finding over the internet. My LinkedIn homepage suggested J.R.R. Tolkein and Sherlock Holmes as people with whom I may want to connect. And the bar graph on my blog stats page said I got ten times the page views that I really received […]Laura Winston
- This Week in Alcohol TM Infringement Claims July 16, 2014
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