Last week was a bit of a let down, wasn’t it? Here’s all of these interesting facts, and then thbbt! No resolution. This week is better. This one also involves the manipulation of a photograph but with a lot more humor. This time, Sconnie Nation, a t-shirt company, used a photo taken by Michael Kienitz … Read more
Fair use is a defense, but it isn’t always a slam dunk winning defense. Shepard Fairey is a graphic artist and known for street art. You may not recognize his name, but you likely recognize at least one piece of his work: The Obama HOPE poster. The photo is instantly recognizable and arguably iconic. It … Read more
Collin Schaefer of the Law Firm of Collin Schaefer in Cedarburg, Wisconsin has joined Erin Ogden and Jeffrey Glazer at OgdenGlazer, LLC as a partner. The new firm is now Ogden Glazer + Schaefer, or OG+S. Schaefer brings a strong practice in business, real estate, and technology. He will keep his practice centered in Cedarburg, … Read more
As we discussed earlier, courts look at the purpose and character of the use for both the original owner and the derivative use. Courts look at how the party claiming fair use is using the copyrighted work. Is the derivative use meant to make money? If so, it is more likely to be found infringing, but if … Read more
The United States Tobacco and Trade Bureau (“TTB”) has finally issued guidance around the pieces of Craft Beverage Modernization and Tax Reform (the TTB is not as good at acronyms or naming as our legislators) contained in the Tax Cuts and Jobs Act (“Tax Act”). The Tax Act made a number of changes to … Read more
It is a day of beginnings. What will you start today?
Jeff likes to say, “There are only three “fairs” in the world: The county fair, the state fair, and the World’s Fair.” However clever that is, in copyright law, we also have fair use. I’ve been getting asked a lot of forms of, “If I do X, am I doing something wrong with someone else’s … Read more
The Food and Drug Administration (along with the FTC and FCC) regulates the claims that dietary supplements can make for their products. Dietary supplements are those things that people take to enhance their health but aren’t drugs. If the substance is “intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease” or … Read more
Companies use words, designs, logos, colors, sounds and smells to help customers find and remember the company’s wares. If you want to buy a cold, caffeinated, carbonated beverage, you may choose a distinctively shaped bottle with cursive writing. If you are looking for tax preparation services that has its own online software, you may choose … Read more
In order to obtain a trademark registration, you have to show your mark actually being used on the goods or services being claimed in the application. It’s called providing a specimen of use. Sometimes, that is really easy. Nike claims their “Swoosh” on shoes, and there it is on the side of the shoe (and … Read more