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

Narrow Auto-Dialing Definition Broadens Text

NARROW AUTO-DIALING DEFINITION BROADENS TEXT I wrote this post last year, but the US Supreme Court has been busy since then addressing the Telephone Consumer Protection Act (TCPA).  In April of 2021, they unanimously overturned the Ninth Circuit’s broad interpretation of an autodialer in Facebook v. Duguin.  The opinion states that a notification system that … Read more

Education Software Beware: Updates to Illinois SOPPA Law

            On July 1st, the threshold requirements ramped up for Illinois schools and the software vendors that provide them services under the Illinois Student Online Personal Privacy Act (SOPPA). Most of the new requirements fall within the purview of the schools, such as maintaining a publicly available list of all software vendors providing software to … Read more

A Cut of What?

Royalties, the Net v. Gross Profit Distinction, and Dolly Parton. Part 3 In last week’s installment we defined both net and gross profits and established that both measurements are interconnected. Determining the gross profit is an essential steppingstone in finding the net profit. This final installment will have a startingly lack of Dolly Parton fun … Read more

A Cut of What?

Royalties, the Net v. Gross Profit Distinction, and Dolly Parton. Part 2 Welcome back to the Dolly Parton party. Last week we picked up where we left our heroes last week – struggling with the tension between artistic collaboration and the need to delineate legal ownership.  This second installment deals with the potential subjectivity of … Read more

A Cut of What?

Royalties, the Net v. Gross Profit Distinction, and Dolly Parton. Part 1 One of my guiding life principles is as follows: if it can include Dolly Parton, it should include Dolly Parton. Dolly Parton makes things better, and she is relevant in almost any discussion. Creating a children’s library? Reference Dolly Parton. Citing vaccination statistics? … 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

Will You Go Out With Me?

Unsurprisingly, I find myself often being asked to describe what “intellectual property” is.  I, all too often, find myself giving a description that is not all that helpful.  If you are asking what “intellectual property” is, then saying “intangible business assets” isn’t going to get us much closer to understanding.  One way that I have … Read more

Another Emergency Rule: More Changes for Hemp Growers and Processors in Wisconsin

Effective May 3, 2021 DATCP (Department of Agriculture, Trade and Consumer Protection) published an Emergency Rule making further changes to Wisconsin’s Hemp Pilot Program. Although Wisconsin is still operating under a “Pilot Program” pursuant to the provisions of the 2014 Farm Bill, this Emergency Rule (and the others before it) are meant to add flexibility … Read more

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