Ogden Glazer + Schaefer Blog

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Guess what often increases in the fourth quarter of every year? Buying and selling of businesses. Guess what else can increase during a recession? Yup, buying and selling of businesses. The first trend is not a surprise. You can close at the end of the calendar year, which is also the end of many a company’s fiscal year. But in a recession? Yup, we see a trend here too. Because some companies do really well…
Things have been pretty exciting in trademark law over the last few years. The Slants won a case in the Supreme Court to protect their band’s name – overturning a longtime precedent of the USPTO barring trademark protection for “disparaging terms.” Now, the Supreme Court is at it again – ruling against the USPTO and their (somewhat) blanket rule of barring registration of generic terms with “.com” (or another TLD) added to them.…
Here we are. We know our company has value and so does the trademark.  That means I often look at it through a final set of lenses.  Those are succinctly put: Offense Defense Increase value Other third party considerations (a/k/a Amazon told me to) Offense:  Are we wanting to swat down people trying to pretend they are us? Those darned SCRUBBIEDUB imposters begone!  If yes, that means we are going to take proactive measures to…
Now we know that we are eligible for federal registration, and that we can afford it.  But is it important?  Is this a primary part of our business or not?  What is your return on your investment for this product?  In our pretend business, SCRUBBIEDUBS is our overall trademark, so that’s likely important.  What if we have separate “lines” of washcloths?  Our “flagship” lines may be worth protecting, but a one-off one may not…
I have been asked the question, “Is getting a trademark worth the money?” a lot lately.  Companies are trying to protect their assets and their budget.  They want to spend their money wisely so they rightly ask if this is a good use of it.  Now, I always laugh a little and remind them that they are asking a trademark attorney if a trademark is a good idea so I may be a bit biased,…
All good things must come to an end. On October 31, 2020 Wisconsin’s Hemp Pilot program that was ushered in by the 2014 Farm Bill will be replaced with a permanent program that complies the 2018 Farm Bill and Wisconsin Act 68. The program was supposed to sunset sooner, but as with many things these days – replacement and implementation was delayed. In the meantime, Wisconsin DATCP has implemented an emergency rule that makes significant…
All good things must come to an end. On October 31, 2020 Wisconsin’s Hemp Pilot program that was ushered in by the 2014 Farm Bill will be replaced with a permanent program that complies the 2018 Farm Bill and Wisconsin Act 68. The program was supposed to sunset sooner, but as with many things these days – replacement and implementation was delayed. In the meantime, Wisconsin DATCP has implemented an emergency rule that makes significant…
We firmly believe that the most important thing that a business can do is listen to their customers. Listen to what they are telling you, listen to what they are asking you, but also listen for their problems beyond their direct statements and questions. But don’t stop there. Then look at what you can do to address those issues. Do you need to change your ways? Stop doing something or start doing something else? You…
On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (“Flexibility Act”) was signed into law, amending the CARES Act.  Then on June 19, 2020, the Small Business Administration and Treasury issued additional interim final rules regarding the implementation of the Paycheck Protection Program to conform to the Flexibility Act.  However, in the fun ways that only legislation and regulations can work, “[t]he provisions in this interim final rule related to loan forgiveness…