Food, Drug & Agriculture

On January 1, 2022, copyrighted works from 1926 will enter the US public domain.  That means that anyone can copy, share, and build upon that work, but it doesn’t mean the public can do the same for things that are already derived from the original.  What do I mean by that?  Well, the first Winnie-the-Pooh book from A. A. Milne will enter the public domain, but that doesn’t mean all of the cartoons are.  Or maybe more
Continue Reading Our Favorite Holiday: Public Domain Day!

Andrew joins OG+S fresh out of law school with a background in working with clients in the entrepreneurial business and intellectual property spaces. He hopes to focus his work on IP matters, as well as being a passionate advocate for business clients with an entrepreneurial spirit and a passion for their community. 

Prior to law school, Andrew worked in entertainment and finance, with a particular interest in advancing the literary interests of diverse voices. He is a “Double Buckeye”
Continue Reading Introducing Andrew Factor

It’s a Wonderful Life is by far my favorite Christmas movie. It might just be the overall sentimentality of the film that does it for me, or it might have something to do with me playing Ernie in my high school’s production of it (I promise I looked a little less grainy all those years ago). My high regard for the film left me surprised that it was actually a disappointment at the box office when it premiered in
Continue Reading It’s a Wonderful Copyright

Once upon a time (did I really start an article that way?) pumpkin farms were few and far between. The farmers usually just placed a few rows of pumpkins of increasing size near the farm’s driveway, modestly priced their product, and sold the pumpkins for cash only.

The farms certainly weren’t the commercial extravaganzas they are today, with everything from pumpkins and caramel apples, to food markets that include fanciful soaps and pick-your-own floral bouquets. Add a petting zoo
Continue Reading A Corn Maze of Insurance: Agritourism, Immunity, and Liability

We’ve all asked when on a food blogger’s site, “Why can’t you just give me the recipe and not your life story?”  Many have listened to this complaint and added a much (to me) valued “Jump to Recipe” button on the top.  But I am here to defend all those stories that I often skip.  Why? Because that is the blogger’s intellectual property.  The photos and the story – not the recipe.  A mere listing of ingredients is not
Continue Reading Why We Need Their Life Story

Talkin’ about trade secrets! While other forms of protection such as patents, copyrights, and trademarks require upfront costs and disclosure of some sort, trade secrets do not. In this article we will examine a few of the benefits that trade secret protection offers.

Benefit One – Trade Secrets Protect Information That Other Forms of IP Protection Do Not

Example: The (secret) recipe for KFC Fried Chicken

Arguably, the secret recipe is the most valuable piece of information KCF has…but
Continue Reading Please Keep My (Trade) Secret

Farm bankruptcies are down according to an excellent article appearing in Market Intel. Farm Bureau Senior Economist Veronica Nigh analyzes Chapter 12 filings around the country and points out that such filings for the year ending June 30, 2021, are the lowest since 2015.

While that would normally be considered good news, we believe it is somewhat misleading.

In fact, we believe farm bankruptcies are not down at all. Instead, we conclude that more farmers are filing under
Continue Reading Are Farm Bankruptcies Down in 2021?

It’s finally here everyone. After numerous Emergency Rules and a stepped transition, Wisconsin is ready to jump into the deep end and fully transition to a hemp program administered by the United States Department of Agriculture (USDA) under the 2018 Farm Bill. As of the 2022 crop year, the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) will no longer have the regulatory authority to oversee hemp growing (and processing) in our State, and responsibility will transfer to
Continue Reading A Turning Point: Wisconsin Transitions to USDA Hemp Program Under 2018 Farm Bill

At the beginning of the year, I gave myself a personal challenge of wearing the same dress for 100 days.  Yup, one single dress.  I pared down my closet and found reasons to wear cute tights and leggings even if I was just sitting at my desk at home.  During that time, I explored ideas about decision fatigue, slow money, fast fashion, and more. Much of that has also trickled into my blog posts and social media. 
Continue Reading #100DaysToGo

I remember sitting in my Property Law class as a first year law student and learning about the “bundle of sticks,” a metaphor law school professors use to describe property law. In short, each property right is a “stick” taken together as a “bundle.” For example, the property management company that owns my apartment owns most of the “sticks” in the bundle, but it has agreed to let me have the “stick” of the right to occupy the apartment
Continue Reading Copyright and Creative Commons: What to Do with My Bundle of Sticks?

Copyright ownership is often referred to as a “bundle of rights.” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it. Hence, the “bundle.”

“Derivative Works” are exactly what they sound like – new copyrightable works of art based on
Continue Reading Welcome to the Multiverse: Derivative Works

We are so pleased to congratulate our Attorney, Sam and his wife, Meredith on welcoming the newest member of the OG + S Family. Welcome to the world Lillian Mae! Lily was born on August 9 at 3:19 AM weighing in at 7 lb 6 oz and measuring at 20 inches long. We couldn’t ask for a cuter member to be added to our work family. Mom, Dad, and baby are all doing well and adjusting to newborn sleeping
Continue Reading Welcome to the World, Lily!