Intellectual Property

College athletics has been in a state of constant regulatory change since the NCAA’s decision to permit athletes to monetize their name, image, and likeness (NIL) nearly three years ago. In addition to several rounds of NCAA NIL guidance, there have been legislative changes at the state level, introduced federal legislation, and multiple lawsuits that continue to impact intercollegiate athletics. While the NCAA and its autonomy conferences have agreed to a settlement in the House case, all involved parties
Continue Reading NIL Litigation Heats Up with Two Major Cases

Working here at Ogden Glazer + Schaefer, you get to hear about all the interesting legal battles that happen around the world. Here is one that I am surprised did not get shared with you. [Note from Erin: This post was written by Carter, our high school assistant. He is not a lawyer. He is not well-versed in EU law. He doesn’t provide legal analysis, and you should not take it as legal advice. He does, however, have good
Continue Reading Big Mac Trademark in the EU…They’re Not Loving It 

Many bar and restaurant owners are aware of the need to enter into licensing agreements for the music they play over the speakers in their establishments. But with shrinking profit margins due in part to rising food and labor costs, music licenses often get put on the back burner, which could create problems down the road. If an establishment inadvertently lets a license lapse, the establishment could end up facing a lawsuit—the last thing any bar or restaurant owner
Continue Reading When It’s Time to Pay the Piper: Music Licenses and Copyright Infringement

Of course the news cycle wouldn’t allow me wrap up on Minnesota’s Adult Use Cannabis Law series at four posts (see the links for Parts 1, 2, 3, and 4)! It needed a fifth part, where I discuss the bill that was signed into law a few weeks ago.

On May 24th, Governor Tim Walz signed HF 4757 into law. The text of the bill is over 180 pages long, so to provide a summary
Continue Reading Minnesota Adult Use Cannabis Law: The May 2024 Bill

This post is the third part in a multi-part series on Minnesota’s Adult Use Cannabis Law. Feel free to check out Part 1 and Part 2. The last post talked about adult use cannabis businesses and what various licenses will be available. This next post will focus on adjacent products and industries impacted by the adult use cannabis law: medical cannabis and hemp.

Let’s start with medical cannabis. Medical cannabis has been legal in Minnesota since 2014.
Continue Reading Minnesota Adult Use Cannabis Law: What about Medical Cannabis and Hemp?

What is a Trademark?

A trademark can be any mark representing words, phrases, symbols, designs, or a combination of these that identifies your goods or services. In practice, the most common trademarks are business names and logos. Trademarks accomplish several objectives. They (1) identify the source of your goods or services; (2) provide additional legal protection for your brand; and (3) help to guard against counterfeiting and fraud. Creative and unique trademarks are the most effective in accomplishing these
Continue Reading A Beginner’s Guide to Trademarks: Part One — Trademark Basics

Lots of provisions are looked at prior to a contract being signed, some at signing, and others not until afterwards when there is a problem. Representations and warranties are ones that can be important at each of these stages. Each of these are used to properly place risk and expense. They do so by showing who is “holding the bag” whenever bad things are discovered. Representations and warranties let you know what facts the other side is willing to
Continue Reading Holding the Bag

It is beyond dispute that artificial intelligence (“AI”) is prompting technological innovation in many areas of commerce and life in ways that, until recently, could only be considered unimaginable. AI has rapidly advanced from traditional AI systems that rely on explicit human-created programming rules–for example, binary statements that guide a system’s decisions (e.g., does a blood test indicate anemia)–to what has become known as “generative AI,” which involves the development of computer-based systems capable of generating original and creative
Continue Reading Artificial Intelligence — Developing Intellectual Property Implications

Intellectual property (IP) is commonly thought to confront technical matters that require a certain amount of scientific or engineering background in order to wrap one’s head around them. In actuality, IP is a diverse ecosystem of intangible property rights that offer extreme value.

Virtually all businesses have some type of IP at play, but they may fail to recognize it if they have a misunderstanding of what IP exactly is. Furthermore, they may fail to take the steps necessary
Continue Reading The Business Practitioner’s Quick Guide to Intellectual Property

We help people with contracts that buy and sell their products and their businesses, license their products and their intellectual property, and lots of other things that lead to the question of “What do I charge?” Our first answer tends to be “That’s more of a business question than a legal question.” But that answer doesn’t fit our goal of “Be the reason it works.” And to completely bail on the question doesn’t accurately reflect that it is partially
Continue Reading A Question of Price

Every college and university in the world owns intellectual property. One of the most important aspects of a university’s intellectual property is its trademarks. Consider any “big-time” college athletics universities, such as the University of Alabama, Michigan, or Wisconsin. Each has iconic team colors, mascots, uniforms, fight songs, and logos. These universities carefully cultivate their reputation and branding to distinguish themselves from the competition and create recognition among not only fans, but casual observers. Universities maintain exclusive intellectual property
Continue Reading University Intellectual Property Implications in Name, Image, and Likeness Deals

As a firm of trademark and alcohol attorneys, it’s always a thrill when those two topics collide, especially on a major stage. We had one of those great moments of serendipity last week.

The story begins with Diageo, the company that owns Bulleit Frontier Whiskey, a brand of whiskey that might be familiar to our whiskey-drinking readers. In 2017, Diageo sued W.J. Deutsch & Sons, the owner of the Redemption Whiskey brand. The suit centered around allegations of trademark
Continue Reading Bottles Up

We thank you all for reading our (hopefully insightful) blog posts. We plan to continue the mission this next year and we appreciate all the feedback, comments and engagements that we’ve received.

We also want to thank our clients, business partners, staff, attorneys and ancillary work teams – we couldn’t do what we do without the support and teamwork!

With gratitude: Erin Ogden, Jeff Glazer, Collin Schaefer, Sam Kavalier, Sherri Schaaf, Richard Mullings, Laura Kaiser, Carter Rickard and of
Continue Reading As we wrap 2023 and look towards 2024