Ogden Glazer + Schaefer Interact

Latest from Ogden Glazer + Schaefer Interact

Many of our readers are likely familiar with Eminem’s hit single “Lose Yourself.” I imagine significantly fewer are familiar with “Mom’s Spaghetti,” the underrated and amusing parody to “Lose Yourself.” In recent weeks, “Mom’s Spaghetti” made national headlines for a different reason.  A “Mom’s Spaghetti” restaurant took its “chance to blow” by opening in downtown Detroit, Eminem appeared on the restaurant’s opening day to make his “arms heavy” serving customers, local marching band performed a rendition of “Lose
Continue Reading “Would You Capture It or Just Let It Slip?” (Eminem-Lose Yourself)

I am a self-professed #TrademarkNerd.  I think they are interesting beasts.  They combine business, law, social science, and, of course, shopping.  When a lot of people think about trademarks, they think about what the company owns and does with it.  That’s fair.  Companies spend a lot of time, money, and effort on their trademarks.  But what I find the most interesting is the amount of influence and control customers have on a trademark. After all, it is all about
Continue Reading Control Level: Blue

It’s finally here everyone. After numerous Emergency Rules and a stepped transition, Wisconsin is ready to jump into the deep end and fully transition to a hemp program administered by the United States Department of Agriculture (USDA) under the 2018 Farm Bill. As of the 2022 crop year, the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) will no longer have the regulatory authority to oversee hemp growing (and processing) in our State, and responsibility will transfer to
Continue Reading A Turning Point: Wisconsin Transitions to USDA Hemp Program Under 2018 Farm Bill

At the beginning of the year, I gave myself a personal challenge of wearing the same dress for 100 days.  Yup, one single dress.  I pared down my closet and found reasons to wear cute tights and leggings even if I was just sitting at my desk at home.  During that time, I explored ideas about decision fatigue, slow money, fast fashion, and more. Much of that has also trickled into my blog posts and social media. 
Continue Reading #100DaysToGo

I remember sitting in my Property Law class as a first year law student and learning about the “bundle of sticks,” a metaphor law school professors use to describe property law. In short, each property right is a “stick” taken together as a “bundle.” For example, the property management company that owns my apartment owns most of the “sticks” in the bundle, but it has agreed to let me have the “stick” of the right to occupy the apartment
Continue Reading Copyright and Creative Commons: What to Do with My Bundle of Sticks?

Copyright ownership is often referred to as a “bundle of rights.” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it. Hence, the “bundle.”

“Derivative Works” are exactly what they sound like – new copyrightable works of art based on
Continue Reading Welcome to the Multiverse: Derivative Works

We are so pleased to congratulate our Attorney, Sam and his wife, Meredith on welcoming the newest member of the OG + S Family. Welcome to the world Lillian Mae! Lily was born on August 9 at 3:19 AM weighing in at 7 lb 6 oz and measuring at 20 inches long. We couldn’t ask for a cuter member to be added to our work family. Mom, Dad, and baby are all doing well and adjusting to newborn sleeping
Continue Reading Welcome to the World, Lily!

Late last month, a little clock-app and a handful of online creators made moves that are likely to permanently alter the existing copyright landscape. That’s right, Tiktok, an app with over 689 million active monthly users, and creators like Keara Wilson (the dancer who choreographed the insanely viral Savage Challenge dance to the Megan Thee Stallion song entitled Savage) have turned to the U.S. Copyright Office to ensure that the original creators of the app’s signature dance moves are
Continue Reading Tiktok Creators Making Major Moves In the Copyright World

I called the customer service line for my utility provider the other day and had a moment of confusion when I was addressed as “Samuel J. Kavalier.” The name I heard was not “Sam,” the name by which friends and family have known me for as long as I can remember, and the name I use when I introduce myself. I recognized after the moment passed that the name I heard was my legal name, and customer service was
Continue Reading Legal Names vs. Trade Names or “Samuel J. Kavalier DBA Sam”

Cyberpunk 2077 is the 20202021 equivalent of Duke Nukem Forever: Protracted development timeline, multiple delays, and upon eventual release – mixed reviews. Although Cyberpunk certainly faired much better than Nukem did from a gameplay and critical reception standpoint – the legal fallout experienced by CD Projekt (developer of Cyberpunk) has been decidedly much worse. Not only do they have to contend with a class-action lawsuit surrounding the release of the game – the Copyright Office denied their application for
Continue Reading Cyberpunk 2077 – A Good Lesson in Copyright vs. Trademark

I wrote this post last year, but the US Supreme Court has been busy since then addressing the Telephone Consumer Protection Act (TCPA).  In April of 2021, they unanimously overturned the Ninth Circuit’s broad interpretation of an autodialer in Facebook v. Duguin.  The opinion states that a notification system that neither stores nor produces numbers “using a random or sequential number generator” is not an autodialer.  “In sum, Congress’ definition of an autodialer requires that in all cases,
Continue Reading Narrow Auto-Dialing Definition Broadens Text

On July 1st, the threshold requirements ramped up for Illinois schools and the software vendors that provide them services under the Illinois Student Online Personal Privacy Act (SOPPA). Most of the new requirements fall within the purview of the schools, such as maintaining a publicly available list of all software vendors providing software to the school, providing an explanation of all kinds of personal data the school collects, and publishing a description of how parents can exercise their rights
Continue Reading Education Software Beware: Updates to Illinois SOPPA Law

Royalties, the Net v. Gross Profit Distinction, and Dolly Parton.

Part 1

One of my guiding life principles is as follows: if it can include Dolly Parton, it should include Dolly Parton. Dolly Parton makes things better, and she is relevant in almost any discussion. Creating a children’s library? Reference Dolly Parton. Citing vaccination statistics? Reference Dolly Parton. Opening an amusement park? Reference Dolly Parton. Writing an article about the importance of a solid royalty agreement? Reference Dolly Parton.
Continue Reading A Cut of What?

Time flies when you’re having fun. In November & December 2018, I wrote a series of posts about ownership dilution in the context of startup fundraising – it seems like it was yesterday – but apparently it was more than two years ago! If you’re interested in checking out those posts, they’re available here and here.

In the intervening time, dilution has continued to regularly come up as a point of confusion among new founders and entrepreneurs. In
Continue Reading Revisiting Dilution

Unsurprisingly, I find myself often being asked to describe what “intellectual property” is.  I, all too often, find myself giving a description that is not all that helpful.  If you are asking what “intellectual property” is, then saying “intangible business assets” isn’t going to get us much closer to understanding.  One way that I have heard it described is a company’s “special sauce.” But that can sound kind of creepy. “Hey, baby, what’s your special sauce?” Yeah, no.  Let’s
Continue Reading Will You Go Out With Me?