This blog post builds on my previous post. This time I will be covering fair use for trademarks instead of copyright. Much like copyright, there are exceptions and limits to what protection owning a trademark can provide you, including what is and is not infringement. Fair use in the trademark space breaks down into two … Read more
If any readers have ever gotten in touch with OG+S regarding a potential trademark application, we have likely mentioned the possibility of doing a “preliminary screen” for your mark. This process, sometimes also referred to as a “knockout search”, helps trademark applicants get a sense of the field before they apply. Here at OG+S, we … Read more
We as attorneys are described in many ways. Sometimes flattering, sometimes not. But one way to describe us that will always fit is “constant learners.” The law is notorious for moving slowly, but it is always moving. Occasionally, there is a sea change, but often it is through constant tweaks. There are the laws (we … Read more
Three years ago, I went on vacation. When I came back, COVID started, my son Noah was born, our team grew, and shrank, and grew again; time became a vortex. I cannot believe three years has gone by, but it has; time really flies. A lot of things have changed in both our business and … Read more
Those following the news in Wisconsin may have heard about a December 2022 court decision, which ordered the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) not to enforce Wisconsin law against producers of certain kinds of homemade goods. This blog post intends to break it down a little more to provide the context … Read more
Earlier this year, the Wisconsin Legislature passed Act 258, which will bring updates to Wisconsin’s LLC Law. These changes are set to take effect on January 1, 2023. At a high level, the major updates include the following: For those out there reading, you might be wondering, “What does this have to do with me?” … Read more
Compensating service providers with equity is a pretty regular occurrence with startups. New companies don’t have a lot of cash (or any) to pay the people they need to run the business (just get a quote on the cost to develop an MVP of your new app if you don’t believe me) and providing equity … Read more
Every year, many Wisconsin lawyers who work for small firms or practice law solo attend a conference sponsored by the State Bar of Wisconsin which facilitates gatherings, lectures, and conversations about relevant topics and issues. I was excited to be able to attend this year’s Wisconsin Solo and Small Firm Conference to gain insight into … Read more
When advising clients on forming new companies, the question comes up about where to form the company. Should the client form the company in the state where their business is located (Wisconsin most of the time), or somewhere else? When the client elects for “somewhere else,” their entity is considered a “foreign entity.” This means … Read more
Welcome back to our discussion on 501(c)(3)’s, inurement, and excess benefit transactions! If you missed the last post that provided an overview of the rules related to this topic, you can find the link to the previous post here. Now that the overview is out of the way, here are some ideas on how to … Read more