Intellectual Property

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Most of the public conversation about AI still focuses on the technology itself. Is it safe? Is it biased? Which company is building the most powerful model?

Those questions matter. But when the government uses AI to help make decisions that shape people’s lives, a different question comes into view. This strikes me as more a governance question than a technical one. Who gets to decide what is permissible, what is prohibited, and what kind of oversight is required…
Continue Reading When the State Buys AI, Who Decides the Limits?

There is a common assumption in the business world: If you paid for it, you own it. As laid out in one of Erin’s earlier posts, that is not always a case with IP. To quickly summarize, the default under copyright law is that whoever creates the thing owns the copyright, even if someone else paid to have it created. The exception to this is a “work made for hire,” where the person paying is the one who…
Continue Reading Setting Yourself Up to Own What You Think You Own

AI copyright and law concept with magnifying glass and wooden blocks
Magnifying glass and wooden blocks with AI chip copyright and justice scale icons representing artificial intelligence copyright ethics and legal regulation concept

Artificial intelligence (AI) is rapidly becoming a part of the tools we use every day. AI can be found on our computers, our phones, our cars, and beyond. As AI systems grow more advanced, it becomes increasingly appealing to rely on them to generate content, ideas, and even finished works with little to no human input. But as AI takes on more of the creative process, a critical question emerges: what happens to the role of human authorship? When…
Continue Reading AI Made It. Now Who Owns It?

Among a company’s most valuable assets is its intellectual property (IP). Though often intangible, IP—innovations, concepts, designs, processes, and more—offers companies a competitive edge in the marketplace. Protecting these assets is essential for safeguarding revenue, accelerating growth, and preventing competitors from gaining an unfair advantage—and your employees can be an inside threat.

During our recent webcast, we examined how employment practices intersect with IP protection and what employers need to keep in mind. Key insights from this presentation include:…
Continue Reading Managing IP Risks Through the Employment Lifecycle

The Delaware Franchise Tax and Annual Report deadline was March 1st! If you didn’t know that, your report is late!

For a lot of clients with Delaware corporations, franchise tax season seems straightforward: file the annual report, pay the tax, and move on.

But, the Delaware Secretary of State does sometimes follow up requesting more information.

That usually happens when a corporation uses the Assumed Par Value Method to lower what would otherwise be a steep franchise tax bill,…
Continue Reading Delaware Franchise Tax: Keep an Eye on Registered Agent Mail Following Your Initial Filing

trademark
trademark

A trademark (or service mark) is something (really, anything) that helps your customers find you for what you sell. It helps them refer you to their friends so they find you, too. That means it has be able to be remembered and identified later as that. The fancy term is that it is “an indicator of source.” I know that that thing bearing that trademark came from the same people who made the last thing that I saw bearing…
Continue Reading What is a Trademark?

A drag queen environmentalist builds a public identity that echoes one of the most recognized outdoor brands in the world. The names rhyme, the values overlap, the audiences intersect. Now both parties have to figure out what to do about it.

To me, this feels less like an infringement story and more like a relationship story. Specifically, what happens when two very different energies (a brand’s need for consistency and a creator’s need for creative freedom) occupy overlapping space,…
Continue Reading Patagonia x Pattie Gonia: Compliance, Consent, and the Relationship Underneath

trademark
trademark

Font isn’t something people always think about when it comes to trademark. For many businesses, the words of their trademark are the words, and the form of the text is chosen because it “looks nice,” matches a vibe, or pairs well with the products or services. In actuality, stylized words are a form of logo mark in trademark, and they can be a big deal. Think of a particular stylized white cursive script against a red background, and a …
Continue Reading When a Font Becomes a Fight 

Sit spin. Man figure skating in action on dark background. Sports banne
Sit spin. Man figure skating in action on dark background. Sports banner. Horizontal copy space background

When most of us think about figure skating at the Winter Olympic Games, we picture elite athletes, dramatic performances, and unforgettable routines. However, in recent years, an important issue has emerged: complex copyright disputes.

For decades, copyright music licensing was rarely an issue in competitive skating. This is because the International Skating Union (ISU) prohibited music with lyrics, and most classical compositions used by skaters were in the public domain. This changed in 2014 when the ISU relaxed…
Continue Reading Skating on Thin Ice: Copyright Challenges at the Winter Olympics

The Copyright Office has implemented a new registration option called Group Registration of Two-Dimensional Artwork (GR2D). It may be used to register between two and twenty works of two-dimensional art.
There are requirements:
1. The works must all have been published within the same calendar year  (make sure you get advice about what “publication” means under US copyright law)
2. The works must be eligible types of artwork. Check that list carefully; many types of visual art cannot…
Continue Reading Copyright: New Group Registration Option for 2D Artwork

If your practice includes residential real estate transactions where the buyer is an entity or a trust and the deal is not financed through a traditional lender, an important new federal reporting requirement starts March 1, 2026. Read on for more information.

What is changing, in plain English

Beginning March 1, 2026, certain people (including lawyers, in some cases!) involved in real estate closings and settlements will have to file a report with the Financial Crimes Enforcement Network (…
Continue Reading New FinCEN Reporting for Certain Residential Real Estate Transactions Begins March 1, 2026

Meet Twinkle!

She is a registered patent attorney with a background in pre-medical sciences. Her practice focuses on intellectual property and business law, and she brings a thoughtful, approachable style to everything she does. She loves helping clients protect their ideas and turn them into thriving businesses. Twinkle believes the best legal work starts with listening, so she takes the time to understand each client’s vision and offers clear, practical guidance to help them grow with confidence.

Twinkle earned…
Continue Reading Welcome to the OG+S team, Twinkle!

Vendors are going to use AI. In software work, it now sits inside everyday delivery: summarizing requirements, turning meeting notes into action items, accelerating early code scaffolding, generating test cases, even helping troubleshoot bugs. A services agreement works best when it assumes that reality and then asks a more practical question: where does the client’s information go, what rights attach to what comes back, and what stays true about ownership and confidentiality as tools evolve.

AI matters for IP…
Continue Reading AI in Vendor Workflows: Protecting IP Through Contract Design

Securing a federal trademark with the United States Patent and Trademark Office (USPTO) is one of the most exciting and valuable steps a new business can take to protect its brand identity. The USPTO trademark application process is not always intuitive, especially when it comes to evaluating whether another business is already using a similar mark in commerce. It is important for prospective applicants to understand how the trademark application process works in order to prevent costly surprises down…
Continue Reading Navigating the USPTO Trademark Application Process: Is It Worth the Risk?

BASE jumping references aside, if you produce or sell intoxicating THC beverages, now is the time to plan your off ramp.

Congress enacted changes that narrow what qualifies as federally lawful hemp starting November 12, 2026, including a 0.4 mg per container cap for final hemp-derived cannabinoid products.

Let’s tear the band-aid off now: 0.4 mg is not a meaningful replacement for the 20 mg to 50 mg cans the market sells today. So for most producers, the real…
Continue Reading The THC Beverage Cliff is Coming: You Are Jumping – Plan Now to Avoid a Cliff Strike

As we wrap up 2025, we’re taking a moment to appreciate the little things that make our days brighter—supportive teammates, meaningful collaboration and yes, a few furry coworkers who keep us company and bring extra smiles along the way.

Most of all, we appreciate our fantastic clients and wonderful partners. Thank you for trusting us, working alongside us, and making 2025 such a rewarding year.

Wishing you a joyful, restful end to the holiday season and all the best…
Continue Reading … And to all a good night.