When a fantastic trademark dispute arises, especially one involving superheroes, this trademark attorney cannot help but blog about it. The nature of this particular trademark dispute is epic, perhaps rising to the level worthy of a superhero blockbuster (or maybe that’s just this attorney’s trademark geekdom talking). In either event, like many legal disputes, this trademark dispute has several moving parts and has thus far spanned several proceedings. In short, it is complicated. With that in mind, it makes
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Intellectual Property
It’s finally fall!
With the 🍂 Midwest weather looking like it should in mid-October, we offer you a poem along with a photo of Lola this week.
Fall, Leaves, Fall by Emily Brontë
Fall, leaves, fall; die, flowers, away;Lengthen night and shorten day;Every leaf speaks bliss to meFluttering from the autumn tree.I shall smile when wreaths of snowBlossom where the rose should grow;I shall sing when night’s decayUshers in a drearier day.
See you next week for more legal information. 📌 Remember…
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From Copyright Catalog to Campus Icon: The History of Bucky Badger’s Birthday
An item in today’s Flamingle caught my eye: Why is Bucky Badger’s birthday October 2nd?
Turns out that the big day dates back to the registration of Bucky’s likeness in the Library of Congress Catalog of Copyright Entries on October 2, 1940.
Being a law librarian, I couldn’t help but dig a little further to find that entry. There are actually two entries: “Wisconsin and seal together with comic collegiate badger mascots” and “Wisconsin football player together with Wisconsin…
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The High Risk of Intellectual Property Infringement with Use of Generative AI
Use of Generative AI output carries a high risk of intellectual property infringement liability, particularly with respect to infringement of copyright protected works.
In our previous Generative Artificial Intelligence 101 blog post, we highlighted the various ways in which Generative AI is unreliable and still incapable of truly replicating human work. In today’s post, we discuss another unreliable aspect of Generative AI—its rampant intellectual property infringement.
Generative AI is remarkable because of its ability to create original output without…
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Border to Border
Remember back with Carter’s Big Mac post, I said we’d explore more things? Here is one of those posts!
The enforcement of laws depends on who made the law. If a city counsel created the ordinance, then it applies to that city – and no others. Same with counties, states, and countries. Sometimes an organization helps set out some templates so those entities can have some guidance and there can be some uniformity among the multitude of legislatures.
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Labor Day 2024
It sure was a beautiful end to summer with a gorgeous long weekend of weather. We hope you were all able to enjoy the time with family and friends like Lola did. See you next week with a fresh blog post!
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Streamline Your Beneficial Ownership Reporting
As the 2024 deadline approaches, ensuring your business complies with FinCEN’s Beneficial Ownership Reporting requirements is crucial. At Ogden Glazer + Schaefer, we understand the complexities and challenges of navigating these regulations. That’s why we’re excited to offer a new BOI reporting service designed to simplify your reporting process, ensuring accuracy and compliance every step of the way.
What is Beneficial Ownership Reporting and What Are the Deadlines?
Beneficial Ownership Reporting (“BOI”) is a requirement under the Corporate Transparency…
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Bottles Up (Revisited)
As promised in an earlier blog post about Bulleit, bottle shapes, and blurring (“dilution” was the word I mostly used last time, but I was really eager for that alliteration), I am back with an updated blog post.
As a recap to the earlier post, the case involves Diageo, the company that owns Bulleit Frontier Whiskey, and W.J. Deutsch & Sons, the owner of the Redemption Whiskey brand. Diageo claimed that Deutsch’s bottle shape was similar enough to…
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Used Trademark For Sale
Remember when I said that we’d have some follow-up to Carter’s Big Mac post? Well, here is one of those posts! Today, we’ll talk about what it means to “use” a trademark. Trademarks are creatures of the relationship between the source of a product and its customers. They don’t exist without the product or the customer. Both are necessary. You have to have a product (either a good or a service) and customers buying it. Specifically, you need…
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The Curious Case of ‘Healthy Soap®’
As the father of a three year old boy, I spend… more time than I would like in public bathrooms. When you’re three, public bathrooms are a real place of wonder. Questions abound: Is there a “stand-up potty?” Is the paper towel machine automatic? What about the sink and soap dispenser, are they automatic too? And why can’t you touch anything in the stall? (Because people are disgusting, that’s why.)
A Legal Curiosity
On my fifth trip to the…
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We welcome Lethina as our new LPM!
Lethina Stephens is a highly organized and analytical Program Manager with extensive experience in managing global SDLC Waterfall and AGILE projects. Certified as a Project Management Professional (PMP) and a SCRUM Master, she excels in fast-paced and evolving environments, particularly in software and hardware SaaS, fintech, and mobile applications. Lethina has a proven track record of delivering projects on time, effectively managing cross-functional teams, and building strong stakeholder relationships.
Throughout her career, Lethina has held key roles where she…
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Using Your Noodle
I like trademark law because it often just makes sense. For example, let’s talk about the requirement that a mark must be in use in order to obtain protection.
For a trademark to be registered in the United States, it has to actually be used in a way that a customer sees the mark when they are making a decision about purchasing something. To start, a trademark is meant for marks used on goods. A service mark is attached…
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NIL Litigation Heats Up with Two Major Cases
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…
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Big Mac Trademark in the EU…They’re Not Loving It
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…
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When It’s Time to Pay the Piper: Music Licenses and Copyright Infringement
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…
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Minnesota Adult Use Cannabis Law: The May 2024 Bill
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…
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