Protected Thoughts

In honor of Kentucky's signature industry, Mari-Elise and Bruce are joined by Marketing Director Brian Powers for a discussion on how distilled spirits producers benefit and grow from well-thought-out IP strategies. Kentucky Distillers' Association President Eric Gregory and McBrayer Distilled Spirits service group Chair Stephen Amato look at legal strategies from an alcoholic regulatory perspective.

Bruce and Mari-Elise Paul discuss the arguments in Cox Communications v. Sony Music, recently argued before the Supreme Court of the United States. They also revisit dupes, and Bruce talks about his recent adventure to deliver an ambulance to Ukraine.

Our summer associates weigh in on a discussion about copyright issues involving the training of large language models (LLMs) and Louis Vitton wallets. 

Mari-Elise and Bruce discuss recent copyright and legal developments such as the loss of Justice David Souter, the firing of the head of the Copyright Office, new AI guidance from the Copyright Office, and IP issues involving "dupes."

Hospital dramas turn into IP soap operas behind the scenes, new works enter the public domain to be immediately turned into cheap horror knockoffs, and Congress takes action on deepfakes and more. 

Even though the holidays are long over, we still turn our attention to interesting intellectual property tidbits about some of your favorite holiday viewings. It's okay to get just a little more holiday season in...in January.

What do intellectual property and Thanksgiving have in common? More than you might think! IP Duo Mari-Elise and Bruce Paul explore how Turkey Trots, the Macy's Thanksgiving Day Parade, and the Rockettes can kick up trademark issues. Plus, they delve into their cherished Thanksgiving traditions.

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Our intrepid trio of IP attorneys tackles a recent trend in movies of using the likenesses of non-living actors reproduced with CG and what that means for right of publicity and other intellectual property rights in tentpole staples such as the Star Wars and Alien franchises. Lessons are learned, such as whether Alien is a scary movie and the value in pressing "record" on your track when doing a podcast episode.

The Supreme Court handed down a decision in Vidal v. Elster that "Trump Too Small" could not be registered for a trademark because of a prohibition on trademarking the name of a living person without their consent. Our dynamic IP duo discusses what this means for trademarks and famous names.

In the modern world, brands gain value in new and unusual ways, but they can lose value through similar means. How do you create agreements that utilize these new methods of boosting your brand that forestall the lurking downside of internet infamy?

Hot off the presses - in early May 2024, the United States Supreme Court handed down Warner Chappell Music v. Nealy, which debates the usage of the discovery rule in copyright claims, ultimately handing a win to those seeking damages for infringements that occurred beyond the three-year statute of limitations, albeit with a feisty dissent. 

Welcome to the inaugural episode of Protected Thoughts, where the McBrayer Intellectual Property team examines recent tales of when trademark enforcement actually hurts a brand. A hot take on a spicy product, but it ends on a cooler note. This is commentary on legal issues and not intended to be legal advice or the practice of law. Services may be provided by others.