Erin Ogden 
When setting up an LLC, whatever or whoever is helping you with the Articles of Organization asks a simple question: Is this going to be member-managed or manager-managed? This question is often met with a somewhat blank stare. So, if you did the same thing right now, you are not alone. You should see what … Read more
Much like Letterman used to ask, “Is this anything?“, clients often ask “Is this a trademark?” The answer to that depends on the answers to the following questions: Is whatever it is connected to the good or service being sold? Will the customer see your product and the proposed mark together at the time they … Read more
I get this question probably once a year: What does I T S mean under my signature on the contract? They are looking at the signature block at the end of an agreement and see this: SELLER: By:_______________________________________ Name: ___________________________________ Its:_______________________________________ Yeah, right there. I T S, otherwise, better known as “its,” the possessive … Read more
We wish you a dog-gone good holiday!
That which we call a rose By any other word would smell as sweet Juliet argued that it didn’t matter what Romeo’s name was for she would love him anyway. And, by the way, if he wasn’t Romeo, they could be married. But as we know, that’s not what happened. Let’s just say, it went … Read more
When talking with people starting businesses, one question that we get is a lot is “How do I limit my liability?”. First, we talk about creating a business entity. And don’t forget about insurance. But, one thing we always talk about is “Don’t cross the streams. It would be bad.” By that, we mean keep … Read more
We started on this fair use train to answer a question someone asked me: When can you use music in videos and podcasts? I think you can make some guesses as to the answer. First, you can certainly use music if you get permission from the owner of the music. Second, there are companies that … Read more
Last week was a bit of a let down, wasn’t it? Here’s all of these interesting facts, and then thbbt! No resolution. This week is better. This one also involves the manipulation of a photograph but with a lot more humor. This time, Sconnie Nation, a t-shirt company, used a photo taken by Michael Kienitz … Read more
Fair use is a defense, but it isn’t always a slam dunk winning defense. Shepard Fairey is a graphic artist and known for street art. You may not recognize his name, but you likely recognize at least one piece of his work: The Obama HOPE poster. The photo is instantly recognizable and arguably iconic. It … Read more
As we discussed earlier, courts look at the purpose and character of the use for both the original owner and the derivative use. Courts look at how the party claiming fair use is using the copyrighted work. Is the derivative use meant to make money? If so, it is more likely to be found infringing, but if … Read more
