A Calmer Voice of Reason

A lot of attention has been paid in the media and industry regarding a new proposed law affecting breweries.  Given this, we thought a special, non-Tuesday blog post was warranted.  Jeff Glazer provides his opinion regarding this proposal.  So Jeff writing AND out on a Thursday – very special indeed! I know. Me? The calm … Read more

Duck, Duck, Employee

To help determine who is an employee when it comes to work for hire, the US Supreme Court inCommunity for Creative Non-Violence v. Reid identified three broad factors that make up an “employer-employee” relationship. Control by the paying company over the work. The more the control the paying company has over what the work is … Read more

Wait, Who Owns It?

“Work for hire” Three simple words. I know what each means independently, but as a phrase they take on a special meaning in copyright law.  That special meaning, however, most do not know. In copyright, the creator of the creative expression of an idea (you know, the thing that is copyrighted) is the default owner. … Read more

Keep Looking Forward

A few weeks ago, we took a motorcycle class.  One thing the instructors kept saying was “Keep your heads up! Look forward!”  You had to see where you were going, and it helped get over nerves.  As one instructor said, “If you only look three feet forward, you will only go three feet forward.  If … Read more

Get Back On Again (In 12 Weeks)

They say when you fall off a horse, you should get back on again.  Well, sometimes when you fall off the horse, things like tibial plateau fractures happen which means that getting back on again are delayed as surgeries and recoveries take awhile.  But the message is don’t let the tumble scare you away from … Read more

A License to Ask Questions

When a company is growing, they begin selling more products and often start exploring options like distribution agreements and licensing agreements.  When looking into those agreements, it important that the terms and scope of the agreement are understood by both parties and written down. Terms of the agreement can include scope restrictions such as whether … Read more

Lift With Your Head

  Original image from Everkinetic Cybersquatting is generally bad faith registration of another’s trademark in a domain name.  Under section 43(d) of the Lanham Act (also known as the Anticybersquatting Consumer Protection Act or ACPA), a person shall be liable to the owner of a trademark if that person has a bad faith intent to … Read more

Don’t Skate Around Non-Competes

A covenant not to compete is a contract, and as a contract, it needs an offer, acceptance and consideration to be enforceable.  When presented at the offer of employment, as long as employment is conditioned upon signing, that is considered enough.  In Star Direct v. Dal Pra, the Wisconsin Supreme Court ruled that employers may … Read more