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Daniel J. Kelly

Shareholder
p (612) 604-6582   f (612) 604-6982 
Education
Ave Maria School of Law, J.D., cum laude, 2003
University of Notre Dame, B.S., Aerospace Engineering, 1994
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Experience
Mr. Kelly joined Winthrop & Weinstine, P.A. in 2007 and is part of the firm's Intellectual Property group. As a licensed patent attorney, Mr. Kelly regularly consults on patent litigation matters and has handled complex patent and trademark licensing transactions. Mr. Kelly's practice also consists of extensive work in trademark and domain name enforcement and prosecution of federal trademark applications.

Prior to joining Winthrop & Weinstine, Mr. Kelly practiced for several years with an intellectual property law firm where he maintained a diverse practice in patent, trademark, and copyright law, litigating and prosecuting in all three areas. Mr. Kelly has litigated cases involving complex technologies including state of the art pneumatic clamps for use in automotive manufacturing, polyurethane grips for athletic equipment, and enterprise computer software written in C++.

In addition to his interests in patent, trademark, and copyright law, Mr. Kelly has provided pro bono legal services to Chesterton Academy through his involvement with the American Chesterton Society and has worked as a volunteer tax preparer through his college alumni club.

Mr. Kelly clerked for the Honorable Raymond W. Gruender on the United States Court of Appeals for the Eighth Circuit and was a member of the first graduating class of Ave Maria School of Law, serving as the first Editor-in-Chief of the Ave Maria Law Review.

Prior to entering the legal profession, Mr. Kelly spent several years teaching secondary school, including two years as a volunteer teacher in the Alliance for Catholic Education Program, through which Mr. Kelly obtained a Master of Arts in Teaching from the University of Portland.

Mr. Kelly has a Bachelor of Science degree in Aerospace Engineering from the University of Notre Dame.


Bar Admissions

Minnesota
U.S. District Court for the Eastern District of Michigan
U.S. Court of Appeals for the Eighth Circuit
U.S. District Court for the District of Minnesota


Community Involvement
  • Minnesota State Bar Association

Honors & Awards

  • Editor-in-Chief, Volume 1 of the Ave Maria Law Review

Articles & Presentations
"Would You Rather Register That Trademark?" IP Law360. May 2011.
  • Republished in Appellate Law360 (May 2011)

Qtd. Pribek, Jane. "IP blog makes a splash." Wisconsin Law Journal 25 Nov. 2009.
  • Republished in Minnesota Lawyer, Finance and Commerce
DuetsBlog
A blog dedicated to bridging the gap between creativity and the law.

Dan is a weekly contributor to the firm's IP blog, DuetsBlog. His posts typically deal with issues surrounding domain names, patents, technology, dilution, copyright and false advertising.

Click on the links below to read Dan's posts on DuetsBlog.

Blog Posts Written by Dan Kelly
American Cheese, Indeed
Posted on May 18, 2012 by Dan Kelly
A couple of weeks ago my wife and I were dining out. Neither of us can remember the specifics (life with a newborn will do this to you), but my hazy recollection is that one ...

Specific Non-Commitment
Posted on May 11, 2012 by Dan Kelly
I have generally enjoyed Geico’s commercials over the years, having gone so far at one point as to actually become an auto-insurance customer (but not currently).  Geic...

Generational Naming 8.0
Posted on Apr 20, 2012 by Dan Kelly
I ran across information today that Microsoft is coming out with a new operating system this fall:  Windows 8.  8?  What goes into that branding decision?  I’m intrigue...

Social Media: Lowering the Barriers to Entry?
Posted on Apr 13, 2012 by Dan Kelly
Over the past couple of weeks, I have been watching with interest the development of a company called Dollar Shave Club.  If you’ve never heard of Dollar Shave Club, th...

Can a Domain Name Amplify Trademark Confusion?
Posted on Mar 23, 2012 by Dan Kelly
There has been at least one interesting trademark-related story in the wake of the Rush Limbaugh flap.  Health insurance company Humana Inc. and its subsidiary Concentra Heal...

Some “Inside Baseball” on New gTLDs
Posted on Mar 09, 2012 by Dan Kelly
I have just made the happy discovery that the good folks over at FairWinds Partners, operators of the Domain Name Strategy blog, have another blog called gTLD Strategy. In th...

BIG GINGER Trademark Dispute
Posted on Feb 17, 2012 by Dan Kelly
Twin Cities quasi-celebrity Kieran Folliard grabbed headlines this week by suing the owners of Jameson Irish Whiskey, Pernod Ricard, for trademark infringement.  Folliard is ...

Does the Trademark Office Need a Trademark Attorney?
Posted on Feb 10, 2012 by Dan Kelly
A few times each year, clients will call or write and inquire about some official-looking correspondence they’ve received about a trademark registration or application....

Georgia-Pacific 2, Towel-Stuffing Defendants 2
Posted on Jan 13, 2012 by Dan Kelly
Back in September of 2010, I discussed a couple of then-recent cases about Georgia-Pacific’s trademark lawsuits over the “stuffing” of non-Georgia-Pacific p...

A Capote Christmas
Posted on Dec 23, 2011 by Dan Kelly
Last year, I posted a passage from Dickens’ A Christmas Carol to put us in a right mood for Christmas Day.  This year, I give you some images from Truman Capote...

 
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