Cease and desist letters are no fun. They are no fun to send, and they are certainly no fun to receive. They are usually the first shot across the bow when a trademark owner believes that someone is using a mark that is just a little too close for comfort. Instead of jumping straight into … Read more
I’ve been doing some research into how to build an entrepreneurial ecosystem – something I have been tasked with for one of the many projects I seem to have stumbled into. I came across this great list of values that should be embedded into an ecosystem. But, as I read the values, it really seems … Read more
In 1886 a bunch of countries got together in one of the most important international treaties in history. Called the Berne Convention for the Protection of Literary and Artistic Works, it was intended to address the evil of cross-border infringement of Les Miserables and The Hunchback of Notre Dame. These books were so popular in … Read more
Have you ever wished for a magical being to come help you with, well, everything? We did, and our wish came true! We are absolutely thrilled to introduce you Sherri Schaaf. Sherri is our Paralegal and Client Support Coordinator. She is dedicated, capable, hard-working, and organized to the hilt. There is very little that Sherri … Read more
Whenever I am talking to someone about their trademark, the topic of using a TM or ® comes up. First, which should one use? Second, when should they use it? The first question is easy. If you have a federally registered trademark on the mark being used, then the ® is for you. Everyone else gets to use … Read more
If you do business outside of the state in which you are organized (e.g., you are a Wisconsin LLC, but do business in Illinios), you have to tell that other state that you are doing business there. That is, you register as a foreign company. Yup, it is as you always suspected, those Illinois people … Read more
In May of this year, Judge Duane Jorgenson in Lafayette Court found Wisconsin’s ban on the sale of homemade cookies, breads and other baked goods is unconstitutional because it primarily serves business interests. Since then, the state legislature has tried to pass bills allowing certain home-baked goods (usually limited to a certain dollar amount per year) without … Read more
There is a really long explanation that goes around Certification Marks, Geographical Indications, and the respect Americans must give to their European counterparts. Moreover, there is a long and tortured history of international law, broken treaties, and implemented international protocols dedicated to recognizing trademarks, appelation d’origine controlle (AOC), and other designations across borders. I’m not … Read more
If you are involved in the Madison entrepreneurship scene, you know Chris Meyer of Sector67 and Heather Wentler of the Doyenne Group. They are tireless in their work to create an entrepreneurship climate here. Sector67 is an amazing makerspace that welcomes all types of do-ers. In an effort to have a bigger, permanent home for … Read more
One of my favorite legal concepts is “genericide” or “genericize.” That is when the public takes a perfectly good trademark and makes it value-less to the trademark owner by turning it into an everyday word. I like the drama of “genericide” because it truly is a brand-killer. Often, it is when the marketing has been … Read more