Intellectual Property

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I’ve been thinking about a question raised by Dario Amodei, CEO of Anthropic, in his recent piece, “The Urgency of Interpretability.” He writes about the increasing power of artificial intelligence systems and our unsettling lack of insight into how they actually work. The models are getting stronger. Our ability to understand them is not.

This isn’t just a technical concern. Increasingly, these systems are showing up in places that carry legal, ethical, and practical significance. Mortgage determinations, hiring tools,…
Continue Reading How Can We Trust What We Don’t Understand?

You may believe that your company has an unfettered right to do what it wants with a computer program created by its workers—but that may not be the case.

Consider the two similar scenarios below:

Suppose that your company is fortunate enough, or substantial enough, to have one or more software developer employees. Suppose also that one of your software developers writes the code for a new computer program that you would like to market.

Now, suppose your company…
Continue Reading I Paid for That Software to Be Developed, So Why Don’t I Own It?

Trademark registrations are a great tool for business owners to protect their brand identity. Unlike some other forms of intellectual property protection, trademarks can last forever provided that they are actively used and enforced within the marketplace. In other words, a business owner must “use it” or “lose it.”

Registration of a trademark with the United States Patent and Trademark Office (USPTO) grants the trademark owner the exclusive right to use the trademark in commerce for the goods and/or…
Continue Reading How Businesses Can Enforce Trademark Registrations

You can tell by the rise of generative AI that it has generated a lot of interesting operational and legal questions. To piggyback off my colleague, Fatimeh (see her posts here and here), I wanted to look in on a specific legal dispute involving AI and copyright.

Back in 2023, The New York Times (NYT) sued Microsoft and OpenAI over allegations of copyright infringement, digital millennium copyright act (DMCA) violations, unfair competition, and trademark dilution. In short, NYT…
Continue Reading We Can Try to Understand The New York Times’ Effect on AI

I’ve been thinking about the clash between generative AI and copyright law, particularly in light of OpenAI’s claim that restricting access to copyrighted material could end the AI race altogether.

It’s a provocative statement. But it’s also a false binary. Because we’ve been here before – at the edge of a new medium, a new method of creation. And time and again, copyright has stretched to meet the moment.

At its heart, this isn’t just a legal dilemma.
Continue Reading Choosing Between Artists and the Algorithm

We are seeing more and more scams related to trademarks. They are getting increasingly sophisticated. Please, please, please do not pay for anything over the phone. The USPTO never asks for money over the phone. The website is www.uspto.gov. It is the United States Patent and Trademark Office (“USPTO”). Some of the scams say things like the United States Patent and Trademark Center.  Please be careful. We post about this often, and yet it isn’t often enough. The scams…
Continue Reading If In Doubt, Ask 

You are strong, strong is you!

Good form allows movement to be powerful and efficient. But form is just a shape, and the shape we take depends on what we need to do.

I think about this when I train. A lifter grips the bar with rigid structure to generate force. A dancer extends through the fingertips, creating length and fluidity. Both are precise. Both serve their function. They don’t move the same way because they don’t need to.

I think about this at my…
Continue Reading The Shape of Our Work

If only you could get ethics credit for reading this post.

For years, the estate of Leonard Cohen has been embroiled in litigation involving Cohen’s former attorney-turned-manager, and the law firm that allegedly forged trust documents in order to bestow power upon that individual. The saga continues, with a new lawsuit accusing the firm of malpractice. Read the details at your leisure and, misconduct aside, contemplate the inherent conflict of an artist’s attorney also serving as the artist’s manager.
Continue Reading Arts and Entertainment Law: Attorney as Manager?

trademark
trademark

In today’s digital era, the world of intellectual property is evolving rapidly. With technology making the technical aspects of filing trademark applications more accessible than ever, it might seem like the process is becoming straightforward. And to a certain extent, it is. With user-friendly USPTO interfaces, AI-driven tools, and abundant resources, the barriers to entry are indeed lowering.

However, while the “how” of trademarking is becoming more accessible, the “why” and “what next” are where the true value of…
Continue Reading The Human Touch in Trademarking: Why Soft Skills Matter in a Digital Age

If you’re in a rush, that title is all you need to know.

If you crave explanation, here it is.

One does not “copyright” (verb) one’s work. Copyright rights attach automatically, when sufficiently original works of authorship are fixed in tangible media of expression. That is, for example, when the poem is written on paper; the paint is applied to canvas; the recording or photograph is fixed in a digital file; the training materials are typed into Word or…
Continue Reading Copyright Is Not A Verb

Fatimeh Pahlavan’s legal practice is dedicated to building thoughtful infrastructure that supports meaningful work and human-centered workplaces. She believes that the right systems—whether legal, operational, or cultural—can foster both individual growth and collective impact.

At Ogden Glazer + Schaefer, Fatimeh draws from her background in cooperative governance, intellectual property, and nonprofit leadership to help clients build organizations that reflect their values. She approaches her work with a focus on clarity and collaboration, offering strategies that reflect each client’s unique…
Continue Reading We welcome a new attorney in 2025!

We’re thrilled to welcome Jennifer Glass to OG+S! Jenn brings over 15 years of experience in intellectual property, specializing in patent prosecution, as well as patent and trademark docketing. She holds a Bachelor of Science degree in Business Management from Cornerstone University.

Jenn’s career spans a variety of industries within the legal field, including automotive and pharmaceutical, and she has worked in environments ranging from small firms to in-house positions with large corporations. Her expertise in organizing complex projects,…
Continue Reading We have a new IP Paralegal!

Copyright law can be a bit convoluted, but occasionally, the legislature does things that actually simplify life. One thing they did was to make all the copyrights expire on December 31 rather than throughout the year. The 1998 Copyright Term Extension Act gave works published or registered before 1978 a 95-year term, expiring on January 1 after the conclusion of the 95th year.

That means that on January 1, 2025, copyrighted works from 1929 will enter the US public…
Continue Reading It’s Almost Here! Public Domain Day!

As we close out another remarkable year, all of us at Ogden Glazer + Schaefer want to take a moment to express our heartfelt gratitude. To our clients, partners, staff, and friends, your trust and collaboration have been the cornerstone of our success.

We’re proud of what we’ve achieved together in 2024 and excited about the opportunities the new year holds. Here’s to continued growth, shared successes, and a bright 2025 ahead.

Wishing you a joyful holiday season and…
Continue Reading Happy End of 2024 from Ogden Glazer + Schaefer

The anticipated Emergency Rule further outlining the Department of Revenue’s policies, procedures, and interpretations of Wis. Stat. Sec. 125 was just released! If you are a brewery, winery, distillery, or wholesale permittee in the State of Wisconsin this emergency rule applies to you and will impact your business. We will have more information about the Emergency Rule and its impacts in the coming days. However, for now, you may read the rule in its entirety at the link below:…
Continue Reading Emergency Rule 2419 Released by Wisconsin Department of Revenue

At OG+S, gratitude isn’t just a buzzword; it’s a cornerstone of our culture. As a staff member in this unicorn law firm—where innovation meets unwavering commitment to our clients—I find myself constantly thankful to be part of a workplace that truly values team collaboration and individual contributions.

Every day, I experience the synergy that comes from blending diverse skills and perspectives. Whether the attorneys are tackling a complex legal challenge or our full team brainstorming new ways to enhance…
Continue Reading Gratitude in Action: A Staff Perspective on Working at OG+S