Dua Lipa sued Samsung for using a photograph of her on boxes of TVs sold by Samsung. She accused Samsung of copyright and trademark infringement and of violating her “right of publicity”. The photograph is one of Dua Lipa, but more importantly for the copyright claim, she owns the copyright to the photo. Without her permission to use it, they have to show why they can use it. Given they were using the photograph on the packages of the TV’s
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Legal Gets Lighter When It Becomes Infrastructure
At some point in every organization, legal feedback arrives at the wrong moment. The team is close to launch, a deal is almost across the line, and then counsel comes back with redlines, qualifiers, replacement language, and things that cannot be said the way they were written.
It lands as interruption. The work was moving, a decision had been made, and suddenly that decision is open again. The concerns may be completely valid, but they can still feel like…
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Minnesota Hemp Roundup
For the past year, Minnesota’s lower-potency hemp edible (LPHE) market has operated in a state of regulatory grace. As of April 1, 2026, that period has officially ended. The Minnesota Office of Cannabis Management (OCM) has fully assumed the reins, and the rules of the game have shifted from “registration” to “strict licensure.” If you are a manufacturer, retailer, or wholesaler in the hemp space, here are some updates you need to know to stay on the right side…
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Not All Secrets Are Created Equal: Trade Secrets versus Confidential Business Information
Not all business information is created equal, especially when it comes to legal protection. Companies often use the terms “trade secrets” and “confidential information” interchangeably, but under Wisconsin law, the distinction is meaningful and can significantly impact both risk exposure as well as available remedies. Understanding how these categories of information differ is essential for businesses to protect valuable business assets and navigate any potential disputes.
1. What Is a Trade Secret?
A trade secret is a specific category…
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Happy 4/20. November Is Going To Be Weird
If you visited your local dispensary or brewery yesterday to celebrate 4/20, things probably did not look much different than they did back in January, when we first wrote about the looming federal THC ban set to take effect in November 2026. THC beverages and vapor products remain widely available and, at least in my area, that availability appears to be growing. But the current status quo could change dramatically in just a few months.
Many industry members…
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Infringers Infringe – Not Internet Service Providers
Under the Copyright Act, anyone who violates any of the exclusive rights of the copyright owner is an infringer of the copyright. On top of that, the Supreme Court has also recognized two categories of secondary liability. Secondary liability happens when a party is liable for the copyright infringement of another. Those two categories are “contributory” liability and “vicarious” liability.
Contributory liability has been in the news lately as the Supreme Court provided its decision on Cox Communications, …
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When the State Buys AI, Who Decides the Limits?
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…
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Setting Yourself Up to Own What You Think You Own
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…
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AI Made It. Now Who Owns It?
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…
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Delaware Franchise Tax: Keep an Eye on Registered Agent Mail Following Your Initial Filing
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,…
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What is a 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…
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Patagonia x Pattie Gonia: Compliance, Consent, and the Relationship Underneath
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,…
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When a Font Becomes a Fight
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 …
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Skating on Thin Ice: Copyright Challenges at the Winter Olympics
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…
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New FinCEN Reporting for Certain Residential Real Estate Transactions Begins March 1, 2026
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 (…
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The Culture Cycle
We at OG+S spent quite a bit of time and energy building our Points of Culture. Because a group of people are always going to have a culture so we wanted ours to be intentional. Then to keep our intentional culture top of mind, we have an interview question about them, we talk about them intentionally each week. You will hear references to our Points of Culture sprinkled in conversations throughout the week, too. It helps us keep our…
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