Trademark Specimens: Acceptable vs. Unacceptable

What is a trademark specimen? A specimen is an example of use of the trademark in commerce in connection with the goods or services identified in the trademark application. More simply, it shows what consumers encounter when they consider purchasing those goods or services. An acceptable specimen differs by whether you are offering goods or … Read more

The AI – Monkey Connection

U.S. copyright law protects works created by humans. The Copyright Office will not register content produced entirely by a non-human source. Courts have applied this rule to works attributed to animals, supernatural beings, and natural forces. Not monkeys, not oceans, not even “celestial beings” can own a US copyright. Courts found Naruto the monkey couldn’t … Read more

Hurry Up and Wait: More Federal Speedbumps for Federal Hemp and Marijuana Regulation 

Over the last year or so, two points of federal cannabis reform have been in the news: (1) shifts in Congressional policy around the federal treatment of hemp (see Collin’s earlier post here for more) and (2) the Executive Branch effort to move marijuana from Schedule I to Schedule III under the Controlled Substances Act … Read more

Happy Labor Day! 🐾

Today, we’re taking a cue from one of our favorite coworkers: rest is important, too. Whether you’re spending the day with family, enjoying the last bits of summer, or simply catching up on some well-deserved downtime, we hope your Labor Day includes a little relaxation. From all of us at Ogden Glazer + Schaefer, Happy … Read more

Copyright in the Age of AI: Anthropic’s Clash with Music Publishers

“Plaintiff Music Publishers, a group of the world’s leading music publishers, bring this action to hold accountable the culprits behind one of the largest and most blatant ongoing thefts of intellectual property in history,” starts the allegation that music publisher’s Sony Music Publishing and Warner Chappell Music have made against Anthropic, an American artificial intelligence … Read more

So… Are We a Marijuana Business Now?

I’ve spent a lot of time lately thinking about the definition of “hemp” under the 2018 Farm Bill. More than anyone reasonably should, probably. The history is actually pretty interesting though…I promise. Ride with me on this one. Brief History The 0.3% dry-weight delta-9 THC limit goes back to the 2014 Farm Bill, but the … Read more

Trade Dress Matters: Protecting Your Brand’s Look, Feel, and Competitive Advantage

When building a successful brand, businesses may more often focus on protecting their name, logo, and other trademarks, but a brand’s value can extend far beyond these traditional identifiers. The colors, packaging, product design, and overall visual presentation that customers associate with your business can become valuable assets of their own. This is where trade … Read more