Protected Thoughts

Episode 5 - Right of Publicity in Galaxies Near and Far, Far Away

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.

Episode 4 - Somebody Else's Name

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.

Episode 3 - Brand Value, Influencers, and Electric Cars

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?

Episode 2 - The Supreme Court Discovers the Discovery Rule in Warner Chappell Music v. Nealy

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. 

Episode 1 - Spicy Enforcement Letters End on Bland Note

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.