Food, Drug & Agriculture

Are you thinking about registering a trademark with the United States Patent and Trademark Office (the “USPTO”)? Registering a trademark can be a very smart and effective decision for your business, but it isn’t quite as simple as you might think it is. To register a trademark you need to provide a considerable amount of information about the mark itself, the goods or services provided under it, how the mark is used, etc. One of the most important things that you will be asked to provide is a specimen of use. If you’re currently thinking, “What in the world is…
Creating your Corporation or LLC is the first step towards the success of your new enterprise. But, as every entrepreneur already knows, creating the corporation (i.e. “mailing it in”), is only the first step. Here are a few additional items you should think about after your Articles of Incorporation have been filed with the WDFI. Get Good on Governance Right Away. The law may not require that you have a written document governing how your new company will operate – but you still need one. A written Operating AgreementBylaws will lay out, in detail, how the company will run, who…
A few years back I went through a blogging phase. Around the same time I had fallen deeply in love with thesauruses and chose to fill my blog with an abundance of overdramatic and ill-fitting words like “hullabaloo.” One thing was certain, my blog was never the cause of any kind of hullabaloo. I’m fairly certain my parents were the only ones to ever lay eyes on it, and I’m not even sure of that. I write to you today not to bore you with the mortifying details of my short-lived blogging hobby, but rather to inform other, far better…
Since I’ve gotten calls on this twice in the past two weeks, maybe it is good public information. No, your Wisconsin Liquor Store/Tavern/Restaurant/Bar cannot direct ship to consumers. It is certainly not legal to direct ship to consumers in Wisconsin. Wisconsin Statutes Chapter 125 requires “face-to-face” sales and prohibits delivery direct to consumers from any retailer (or wholesaler or manufacturer for that matter). [ed note: There is one exception to this in Wisconsin: Wineries with a Direct Wine Shippers Permit are permitted to ship directly to consumers in Wisconsin.] As for shipping from a Wisconsin retailer to an out-of-state consumer,…
You may already know a bit about notaries. That’s when you have to show your driver’s license and sign a piece of paper so the person who pretended they were a bouncer while looking at your ID can put a stamp on the paper confirming that you are you. Or as the Wisconsin Department of Financial Institutions (“DFI”) puts it: A notary public is an individual issued an appointment by the Secretary of the Department of Financial Institutions to serve the public as an impartial witness, performing notarial acts as are allowed or required by law. Usually, this is done…
Don’t forget our upcoming seminars: Jan. 14 – Trademarks: https://www.eventbrite.com/e/134033920063 Jan. 21 – Copyrights: https://www.eventbrite.com/e/134073799343 Jan. 28 – Patents: https://www.eventbrite.com/e/134077022985 Feb. 4 – Trade Secrets: https://www.eventbrite.com/e/134077117267 Feb. 11 – IP Contracts: https://www.eventbrite.com/e/134077197507 These are at 9:00 am Central Time via Zoom. You are welcome to come to one, a few or all. Proceeds will go to the Doyenne Group. P.S. that awesome graphic was created by our very own Hannah Best!…
We want you to start your 2021 armed with knowledge! Strong Foundations is a presentation series to help owners of companies build their knowledge of key legal concepts and then use this knowledge to grow their companies on those strong foundations.  This first series will discuss intellectual property including trademarks, copyrights, patents, trade secrets and contracts relating to these concepts. You can get more information and sign up at the links below. Jan. 14 – Trademarks: https://www.eventbrite.com/e/134033920063 Jan. 21 – Copyrights: https://www.eventbrite.com/e/134073799343 Jan. 28 – Patents: https://www.eventbrite.com/e/134077022985 Feb. 4 – Trade Secrets: https://www.eventbrite.com/e/134077117267 Feb. 11 – IP Contracts: https://www.eventbrite.com/e/134077197507 These are at 9:00…
Ah, the Panama Papers – remember that? What about “Essential Consultants, LLC” – does that ring a bell? Without going down the rabbit hole that either of those links could send you down (c’mon – click one!) suffice it to say that both were made possible by federalism and the fact that corporations and LLC’s are a creation of state statute – not federal law. This translates into a patchwork of laws and regulations that govern the creation of business entities in our country, and by extension, the amount of information the owners have to disclose to the…
It is December, which means we’re busy wrapping up client work that needs to be done by the year’s end.  But it also means that we are planning for 2021.  We have big plans.  I hope some of them can involve seeing you in person, but even if not, we still need to figure out a way to meet our goals.  Some of our goals are making our internal processes more efficient.  If you know me, you know I love me some processes.  Some of our goals are how we can better serve our existing clients.  How can we listen…
With the news that COVID-19 vaccines will soon be available in Wisconsin, employers are beginning to question whether they can—or should—require employees to be vaccinated against COVID-19. Although employers can mandate the COVID-19 vaccination as a condition of employment, as discussed below, this may not be the best choice for most employers. When determining whether to implement a mandatory vaccination, employers should assess the exposure risk inherent in the workplace. For example, is it a high risk workplace, such as a hospital or nursing home? Second, employers should consider the effect of a mandatory vaccination program on workplace morale. Recent…
My last blog post covered the ins and outs of obtaining proper licensing for live-streamed audio-visual events. However, that was merely talking about individual songs – not entire theatrical performances, like musicals or plays. My not-so-secret secret is that I adore musicals. Even the deeply tragic ones bring me so much joy. Fortunately, the concept of live streaming musicals is catching on. And thank goodness, because I would feel utterly deprived without them! Not shockingly, I want to use this blog entry to talk about copyright and licensing as they pertain to live-streamed musicals. I want to note that this…
It’s my favorite time of year. I do love celebrating the harvest as much as the next guy – but I really love November because the SEC Enforcement Report is published. If you work in securities, or have an affinity for all things Ponzi scheme (like me) – it’s a wonderful season. This post is about the SEC’s annual enforcement report and one of my favorite topics in white collar crime: the Ponzi scheme. Read on for more information. The Enforcement Report For the uninitiated – the Securities and Exchange Commission is the government agency tasked with regulating the offering…
During a time where almost everything is being done virtually, it is more important than ever that we inform ourselves on copyright law and the licenses and permissions needed to lawfully conduct our desired activities in a virtual environment. I don’t know about you, but I really miss going to live musical performances. Fortunately, I can still get my fill of musical delight through a variety of live streamed virtual events and performances. So, in hopes that it will encourage you to host your own events and further satisfy my craving, I am going to walk you through what’s needed…
I have been a fan of the library for a long time. If you don’t have a library card, I suggest getting one right away. The library, even in a small town like mine, is a source of amazing resources – books, music, online courses, software, and more (not to mention, free book delivery from numerous surrounding libraries). However, I’d be lying if I said I read as much for fun, as I’d like to. We read a ton for work, and over the past few years, I’ve found myself filling my free time (especially in the colder months) with…
The FifteenthNineteenth, and Twenty-sixth state that voting rights of U.S. citizens cannot be abridged on account of race, color, previous condition of servitude, sex, or age for those above 18. Therefore, we hope that you have been able to exercise your right to vote. Unlike Lewis the Cat, who has no such right.…
Brexit has been, well, let’s say bumpy. One thing that has seen a bit less turbulence than other areas of contention is trademarks. So let’s keep our fingers crossed that what I write below remains true as it has all year. For those not regularly pursuing international trademarks, a very quick primer: When registering a trademark in much of Europe, you have a choice. You can either register it in a singular country, or if that country is part of the EU, you can register it with the European Union Intellectual Property Office (“EUIPO”). That covers all of the countries…