Ogden Glazer + Schaefer Interact

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, Inc.
Continue Reading Infringers Infringe – Not Internet Service Providers

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
Continue Reading When the State Buys AI, Who Decides the Limits?

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
Continue Reading Setting Yourself Up to Own What You Think You Own

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
Continue Reading AI Made It. Now Who Owns It?

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,
Continue Reading Delaware Franchise Tax: Keep an Eye on Registered Agent Mail Following Your Initial Filing

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

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

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
Continue Reading The Culture Cycle

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

This post is the fifth part in a series on Minnesota Paid Leave. Feel free to check out Parts 1, 2, 3, and 4. The previous post focused on deadlines and taxes. This post will focus on when the leave can be taken, for how long, and in what forms.

Let’s start with the when. The general rule is intuitive: the option of leave is available to the employee as long as the underlying condition or event exists. For
Continue Reading Minnesota Paid Leave: How Much Time and How to Take it?

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

  • Did your company file its Annual Report?
  • Did you corporation select its board or directors and do its annual resolutions?
  • Did you come up with goals and a budget for next year?
  • Did you celebrate your wins?

It’s that last one that comes hardest to many. Some people are born with confetti in their hands. Others celebrate by moving to the next thing on their To Do list. But this is the season for celebration, so let’s take a
Continue Reading Year End Yays!