Poking Fun or Making a Buck?

My last blog post ended with a cliffhanger: but what about Jack Daniel’s and dog toys? For those of you on the edge of your seats, thanks for waiting. There are others probably thinking, “What is this guy’s deal? First, it was shoes and socks, and now it’s whiskey and dog toys?” For those readers, … Read more

Will You Trademark Me?

I get many different types of questions from my clients regarding various trademark matters. Some scenarios involve trademarks that have been in their portfolio for a while and are no longer in use, while other trademarks are brand new and ready for their moment in the spotlight. Sometimes clients wonder what to do with a … Read more

Can Identical Trademarks Co-Exist?

What happens when two trademarks have the same spelling? Can they coexist? The answer is yes, but with some caveats. The Trademark Act provides for a system of trademark classes to categorize goods and services. Classes 1-34 cover goods, while classes 35-45 cover services. The use of the same trademark is permissible across different classes, … Read more

Poking Fun or Making a Point?

Today’s post revisits something discussed several years ago on this blog: fair use. If you are looking for background or further reading, check out Erin’s posts here, here, and here, as well as Collin’s post here. As a quick TL;DR to those previous posts, fair use is a defense to copyright infringement claims for a … Read more

First Things First: Trademark Preliminary Screens

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

Quick (Kwik? Quik?) on the Draw

After moving to Wisconsin, I came to appreciate many things about Wisconsin culture, including the near-universal adoration of Kwik Trip. After a few visits to Kwik Trip, I realized that Kwik Trip was something I had experienced long before ever having been to Wisconsin. In my native state of Iowa, Kwik Trip had been present … Read more

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