Intellectual Property

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

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 

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.

More and more, I hear some version of the same question from business owners: “We made something valuable with the help of AI. Can we protect it?”

Sometimes the “something” is obvious, like marketing copy, a logo, a photo, a product description, a training guide, or software code. Sometimes it is less obvious but more important, like a pricing model, a customer segmentation strategy, an internal workflow, or a set of prompts that reliably produces good results for the
Continue Reading Protecting AI-Influenced Work: Why Copyright and Patents Can Fall Short, and Why Trade Secrets Often Matter More

Happy early Thanksgiving week from all of us at OG+S.

As we head into the season of gathering and gratitude, we want to take a moment to thank the clients, colleagues, and community partners who make our work meaningful. Your trust, collaboration, and commitment to doing great work together is something we never take for granted.

This year, we’re especially grateful for the relationships that allow us to solve complex challenges, support growth, and show up as true partners.
Continue Reading A Thanksgiving Note of Gratitude

Joanna comes to OG+S with over a decade of experience in intellectual property. Working in both boutique and Legal 500 law firms, she brings a strong background in managing complex matters, coordinating with attorneys, foreign associates, and clients, and ensuring precision and efficiency throughout every stage of the legal process.

 Born and raised in the Washington, D.C. area, Joanna’s path to the legal field was shaped by an appreciation for both structure and creativity. Before transitioning to her legal career,
Continue Reading Introducing Joanna Sanchez!

Please join us in welcoming Nick Hierlmeier to the team!

He will be working on administrative support to the attorneys and staff part time while also pursuing his degree.

“I’m a student a UW-Madison studying Political Science and I love it. When I’m not studying, working at OG+S, or spending time helping with the various organizations I’m a part of, I enjoy lifting weights, watching football (Go Pack Go!), and reading fiction novels.

If you’re ever wondering where I
Continue Reading Introducing Nick Heirlmeier…

The federal government is “shut down.” But that shut down does not apply equally across all aspects of the federal government. For those of us who work with intellectual property, that is on full display.

For example, the United States Patent and Trademark Office (USPTO), remains “open and fully operational” because it has operating reserves from the prior year’s fee collections. It will keep rolling until those reserves are depleted. Last time, in 2019, it stayed open
Continue Reading The Shut Down Shuffle