Ogden Glazer + Schaefer Interact

Latest from Ogden Glazer + Schaefer Interact

With Halloween approaching there are more scary things than usual sending chills down my spine. Some of these things are fun-scary, like playing spooky pranks on friends, covering my eyes for most of a horror flick, or taking witching hour strolls through poorly lit cemeteries. Then there are things like the current economic crisis sending a whole different type of chill down my spine. You know what really doesn’t help life amidst an economic crisis? A threat to your cherished and reputable brand or to the trademark you thought was safe merely because it is registered with the United States Patent and…
Words matter; but what you actually do matters more. When the words and actions don’t line up – trouble is brewing. This post is about Privacy Policies and why, just like other contracts, copying and pasting one from the Internet may not be the best idea. Read on for more information. Privacy Policies are notoriously copied; everyone knows it. Fortune 500 companies with an army of in-house lawyers copy them from each other, so you can imagine how many smallmedium”regular” sized companies are out there rolling with “hot” Policies…. On the one hand, I understand a little copying. As a…
We previously talked about why a company would want restrictive covenants, but it isn’t just the company acting.  The employees are agreeing to the non-compete, non-solicitation, or non-disclosure provisions, too.  As for employees, they need to understand: 1) what they can and cannot do during their employment and afterwards, and 2) why it matters.  Their willingness to follow the restrictions in 1 is directly related to their understanding and buy-in to 2.  If they think you are just trying to crush their ability to make their mortgage, then they will be more likely to test those boundaries.  Then you will spend more time,…
As an attorney fresh out of law school, I am all too familiar with the confusion and difficulty involved with starting something new, familiarizing yourself, and applying the intricate rules and procedures of whatever that new thing may be. For all the business newbies out there, today is your lucky day. Have you been banging your head over the thorny requirements for operating a corporation? Fortunately for you, I have been, too. So I am here to clarify a few things on the topic of annual shareholder meetings. To start, let us address what an annual shareholder meeting even is.…
We at OG+S are very excited to have two new employees this year.  They are smart, capable young women who make us a better law firm.  I wouldn’t trade either of them.  But, you know what, they take a lot of my time.  There is a boatload of training that goes into new hires.  They are learning our systems, our clients, our “secret sauce.”  They are also helping us build goodwill – especially as they (hopefully) stick around for years.    I’m not complaining. Not one bit.  I want our employees to be well-trained. I want our clients to love them.  What I am saying is…
On September 1, 2020 the Centers for Disease Control implemented a nationwide moratorium on residential evictions until December 31, 2020 (“CDC Eviction Moratorium“). Under the Moratorium, Landlords are prohibited from taking any action to evict a residential tenant for non-payment of rent. While the order does not extinguish a tenant’s responsibility to pay rent, it does provide tenants with the ability to avoid eviction while arranging payment. Additionally, the moratorium does not stop eviction for other reasons besides non-payment. If you are a residential landlord or tenant, information about the CDC Eviction Moratorium is a must know! More…
We are thrilled to introduce you to our newest attorney, Katie Mahoney! Katie is a recent graduate of the Law School of UW-Madison, and we are excited she chose to start her law career with OG+S. We are impressed with her passion for copyright and artists but even more so for her focus on communication. Her rescue dog, Snowy, did a fabulous job of staying quiet throughout the process of video interviews. The same cannot be said for other OG+S pets. So clearly good communication is a Mahoney family trait! Like the rest of us at the firm, she is…
This is a short post because the point is simple: If you choose to do business with individuals who do not like to run their business with written agreements, good governance, and sound policies – its to your detriment. We’ve written countless times about the need for all businesses to treat themselves “like a business” from day one. Truthfully, there is no magic time when your business suddenly becomes “real” and therefore needs all the things “real businesses” need. The rules of the road apply to everyone – big or small. As I wrote in a LinkedIn post back in
If you’ve read our blog religiously, you’ll know that I often write about intellectual property and video games (or, cartoons). Well, its been awhile, and in 2020, levity is required! So, today, we’re talking about the two most famous (fictional) apes of all time – Donkey Kong & King Kong – and the epic intellectual property battle between them. The year was 1982, and the arcade business was booming. In 1981 alone, arcades were a $5 billion dollar industry in the United States and Universal (“City”) Studios wanted a piece. In an effort to cash in, Universal sought to license…
Guess what often increases in the fourth quarter of every year? Buying and selling of businesses. Guess what else can increase during a recession? Yup, buying and selling of businesses. The first trend is not a surprise. You can close at the end of the calendar year, which is also the end of many a company’s fiscal year. But in a recession? Yup, we see a trend here too. Because some companies do really well during a recession (if you are selling PPE or do sanitation, you are kind of busy right now) so they have cash. On the other…
Things have been pretty exciting in trademark law over the last few years. The Slants won a case in the Supreme Court to protect their band’s name – overturning a longtime precedent of the USPTO barring trademark protection for “disparaging terms.” Now, the Supreme Court is at it again – ruling against the USPTO and their (somewhat) blanket rule of barring registration of generic terms with “.com” (or another TLD) added to them. Yes, I’m talking about “Booking.com.” This case is notable for a few reasons, read on for more information. The USPTO’s Basic Argument The…
Here we are. We know our company has value and so does the trademark.  That means I often look at it through a final set of lenses.  Those are succinctly put: Offense Defense Increase value Other third party considerations (a/k/a Amazon told me to) Offense:  Are we wanting to swat down people trying to pretend they are us? Those darned SCRUBBIEDUB imposters begone!  If yes, that means we are going to take proactive measures to do so including take-down demands and maybe even sue.  Yes, we will spend the money to do it – sometimes a lot of money.  Beware,…
Now we know that we are eligible for federal registration, and that we can afford it.  But is it important?  Is this a primary part of our business or not?  What is your return on your investment for this product?  In our pretend business, SCRUBBIEDUBS is our overall trademark, so that’s likely important.  What if we have separate “lines” of washcloths?  Our “flagship” lines may be worth protecting, but a one-off one may not be.  Unless we are super-fancy and have limited editions that are collectible.  What? I can dream.   Is this something we are going to do for…
After last week’s post, we know that for a federal trademark we need to have interstate commerce, often because we are selling across state lines.  So let’s pretend that we know we can apply for federal registration based on sales. Now, we have to decide if it is a strong trademark:  Is this mark protectible?  Is it too descriptive? Is it likely to be confused with someone else’s mark? Is it a little too risqué?  Assuming all of that is good to go, the next question is: Do we have the money for it?  If all…
I have been asked the question, “Is getting a trademark worth the money?” a lot lately.  Companies are trying to protect their assets and their budget.  They want to spend their money wisely so they rightly ask if this is a good use of it.  Now, I always laugh a little and remind them that they are asking a trademark attorney if a trademark is a good idea so I may be a bit biased, but it is still a very good question and an even better analysis. If you have talked to me at all about this, you know…
All good things must come to an end. On October 31, 2020 Wisconsin’s Hemp Pilot program that was ushered in by the 2014 Farm Bill will be replaced with a permanent program that complies the 2018 Farm Bill and Wisconsin Act 68. The program was supposed to sunset sooner, but as with many things these days – replacement and implementation was delayed. In the meantime, Wisconsin DATCP has implemented an emergency rule that makes significant changes to the regulations that underpin the pilot program. Operationally, not much will change for hemp growers and processors this year, but the emergency rule…