Erin Ogden

Letter Full of Lemons

Oh, no! This company says we are infringing their trademark.  They say we need to stop by, wait, that date has already past.  They say they are going to sue!  Well, %#@$, now what?  First, take a deep breath.  Then, you can set a course of action (or inaction). Whether it comes in an envelope, … Read more

Maybe Not A Text Message With Emojis

Last week, we talked generally about cease and desist letters.  But, when do you actually send them and how? By whom? The answer was hinted at last week, and it boils down to my two favorite words:  It depends.  So let’s go into what it depends upon. When do you send one?   First, you send … Read more

Stop Laughing and Listen

Cease and desist letters are no fun.  They are no fun to send, and they are certainly no fun to receive.  They are usually the first shot across the bow when a trademark owner believes that someone is using a mark that is just a little too close for comfort.  Instead of jumping straight into … Read more

Introducing: Sherri Schaaf!

Have you ever wished for a magical being to come help you with, well, everything?  We did, and our wish came true!  We are absolutely thrilled to introduce you Sherri Schaaf.  Sherri is our Paralegal and Client Support Coordinator. She is dedicated, capable, hard-working, and organized to the hilt.  There is very little that Sherri … Read more

You’ll See Things You Never Did Before

Whenever I am talking to someone about their trademark, the topic of using a TM or ® comes up.  First, which should one use?  Second, when should they use it?  The first question is easy.  If you have a federally registered trademark on the mark being used, then the ® is for you.  Everyone else gets to use … Read more

You’re Not From Around Here, Are You?

If you do business outside of the state in which you are organized (e.g., you are a Wisconsin LLC, but do business in Illinios), you have to tell that other state that you are doing business there.  That is, you register as a foreign company.  Yup, it is as you always suspected, those Illinois people … Read more

For Sale: Baked Goods Just Like Mom’s

In May of this year, Judge Duane Jorgenson in Lafayette Court found Wisconsin’s ban on the sale of homemade cookies, breads and other baked goods is unconstitutional because it primarily serves business interests.  Since then, the state legislature has tried to pass bills allowing certain home-baked goods (usually limited to a certain dollar amount per year) without … Read more

Help Sector67

If you are involved in the Madison entrepreneurship scene, you know Chris Meyer of Sector67 and Heather Wentler of the Doyenne Group.  They are tireless in their work to create an entrepreneurship climate here.  Sector67 is an amazing makerspace that welcomes all types of do-ers.  In an effort to have a bigger, permanent home for … Read more

Thanks for Nothing

One of my favorite legal concepts is “genericide” or “genericize.”  That is when the public takes a perfectly good trademark and makes it value-less to the trademark owner by turning it into an everyday word. I like the drama of “genericide” because it truly is a brand-killer.  Often, it is when the marketing has been … Read more