FONTS AND TYPEFACES-WHEN DO YOU NEED TO LICENSE?

Brands and designers often use existing typefaces and fonts to adapt and create logos, product packaging, websites, and other commercial assets that establish the identity of a brand. Whether these creative uses require a license from a font owner or type foundry is complex and depends on how the typeface or fonts are adapted and

“AI Notetakers: Best Firm Practices to Avoid Attorney-Client Privilege, Cybersecurity, Privacy, and Confidentiality Issues”

Artificial Intelligence tools continue to permeate every aspect of professional business operations, from drafting emails to organizing calendars, and now, attending attorney-client meetings in lieu of their real-life counterparts. The use of AI tools in sensitive legal environments raises concerns about the accuracy and reliability of the information captured and transcribed by these tools, and

“Dinner With Friends” Turned “Dinner with Frenemies”

Things are heating up on TikTok this week as we see another IP showdown between brands. The newest dispute involves Meredith Hayden, a content creator and founder of Wishbone Kitchen, which started as a private chef and catering business, who called out Condé Nast subsidiary, Bon Appétit over its new online series, which features the

Conditional Gift Giving to Institutions

In 1953, Valparaiso University, a small, private Lutheran institution of higher education in Indiana, received a charitable gift from the estate and trust of Percy Sloan.1 The donation included a sum of cash and a collection of paintings, many of which were created by Sloan’s father. The remainder came from other painters from the mid-19th

The Perils of AI Art: Craiyon’s Commercialization Gamble

Craiyon—formerly known as DALL-E Mini—has captured the attention of the art and legal world in recent weeks, including this very blog in our first post on this fascinating service. The website, which touts itself as having the ability to produce “AI model drawing images from any prompt,” is undisputedly innovative and fun to use, yet

The Show Goes On: “Vape” is Ruled a Permitted Parody of Broadway Classic “Grease”

“Vape,” a theatrical parody of the original Broadway musical “Grease” that was later adapted in the 1978 feature film, recently prevailed in a copyright case where the court held that Vape was a fair use that did not require permission from the owners of Grease. The case, Sketchworks Industrial Strength Comedy, Inc. v. Jacobs, was

Thoughts and Takeaways from NFT.NYC 2022

NFT.NYC 2022 was a great event with many exciting companies and brands in attendance and many interesting Web3 projects being unveiled.  Below are some thoughts and takeaways on what I learned, what I believe will be taking place in the near future, and some of the Web3 issues that companies, content creators, and brands should

AI ART MODEL CREATES INTERESTING DRAWINGS AND COPYRIGHT PROBLEMS

Craiyon (formerly known as DALL-E mini) is an AI-powered art model that draws collages of images based on, literally, “any prompt” entered by a user. The model’s developers have explained that it was “trained by looking at millions of images from the internet with their associated captions” and that “[o]ver time, it learns how to

Are “#MetaBirkins GONNA MAKE IT”? Hermès, NFTs, and the Rogers Test Collide

There has long been a blurry line at the intersection of trademarks, rights of publicity, and the First Amendment.  Throw in blockchains, NFTs, and high-fashion handbags, and you have a recipe for a final exam-worthy fact pattern perfect for law students versed in Web 3.0. Enter the “MetaBirkins” case.  In this recent headline-grabber, a “marketing