Marijuana Legalization: Closer Than it’s Ever Been, But Still a Ways Away

I’m sure you’ve heard the news – the House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement Act on Friday April 1, 2022. The bill, if enacted, would remove marijuana (delta-9 THC) from the controlled substances list, impose a 5% tax on the sale of marijuana products nationwide, and provide mechanisms for the expungement of previous … Read more

Alcohol Producers: Do I Need a Municipal Liquor License to Serve in my Tasting Room?

As many of you know, a significant portion of the work OG+S does is dedicated to the federal and state permitting that is required to open and operate a new brewery, brewpub, winery, or distillery. Inevitably, after the Federal (TTB) and State (DOR) permits are received, many clients ask, “Do I need a license from … Read more

More Oversight is Coming!

About one year ago today, I wrote a post called “Changes are Coming – Be Prepared to Disclose Beneficial Ownership in 2021.” Although those changes (i.e. the requirement that all businesses disclose their beneficial owners in a federally run database) have not come to pass yet, they are still on the way – so keep … Read more

Your Face, is My Case: Personality Rights

Of all the TV attorneys out there, Jackie Chiles is my favorite. Close second, of course, is Denny Crane, but Jackie certainly takes the top prize. Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personality rights.” From … Read more

Please Keep My (Trade) Secret

Talkin’ about trade secrets! While other forms of protection such as patents, copyrights, and trademarks require upfront costs and disclosure of some sort, trade secrets do not. In this article we will examine a few of the benefits that trade secret protection offers. Benefit One – Trade Secrets Protect Information That Other Forms of IP Protection Do … Read more

A Turning Point: Wisconsin Transitions to USDA Hemp Program Under 2018 Farm Bill

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 … Read more

Welcome to the Multiverse: Derivative Works

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 … Read more

Cyberpunk 2077 – A Good Lesson in Copyright vs. Trademark

Cyberpunk 2077 is the 2020\2021 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 … Read more

Revisiting Dilution

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 … Read more

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