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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
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...

Top-Level Domain Names as Trademarks
Posted on Dec 09, 2011 by Dan Kelly
The Trademark Trial and Appeal Board recently issued a precedential decision upholding the Trademark Office’s refusal to register five applications for the mark .MUSIC&...

High Fructose Corn Syrup, Thy Name is Not Corn Sugar
Posted on Nov 18, 2011 by Dan Kelly
More than a year ago, I blogged about high fructose corn syrup getting a makeover.  The Corn Refiners Association has undertaken a campaign to rename high fructose corn ...

First in Time on the Internet
Posted on Nov 11, 2011 by Dan Kelly
Yesterday, Laura provided some good marketing reasons for grabbing your company’s brand name(s) and/or trademark(s) on various social media sites while the marks and br...

Adult Domain Space Opt-Out Ends in a Week
Posted on Oct 21, 2011 by Dan Kelly
Time is running out to take defensive action for opting registered trademarks out of the forthcoming ".xxx" domain space.  Depending upon the registrar that you ...

Bank Branding Revisited
Posted on Oct 14, 2011 by Dan Kelly
A couple of years ago, I posted about the use of FIRST in bank names, and titled my post "First First!  A Diluted Banking Brand?"  Well, life imitates art: ...

Onesie of a Kind?
Posted on Sep 09, 2011 by Dan Kelly
I have been a parent for a little less than a year now, and I made a shocking discovery this week:  ONESIES is a registered trademark.  I found this out from a news...

“. . . and what else floats in water?”
Posted on Aug 12, 2011 by Dan Kelly
The Boston Beer Company advertises quite a bit on a radio station that I listen to.  The ads are usually voiced by the company’s founder, Jim Koch (pronounced "...

A Monkey, a Blogger, and a News Agency Walk into a Bar . . .
Posted on Jul 18, 2011 by Dan Kelly
TechDirt published a post a couple of weeks ago about a monkey that took some photos.  TechDirt explored whether the monkey could own or assign the copyright in the phot...

 
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