Yuga Labs NFT Trademark Dispute Continues.

A jury must decide if the spoofed monkey-themed NFTs misled consumers in the case against Ryder Ripps. NFTs are digital assets. Yuga Labs launched Bored Ape Yacht Club in April 2021. These NFTs are digital images of cartoon apes with various traits and accessories, residing on the Ethereum blockchain. BAYC is known for its exclusivity, limited access, and influence within the NFT space. NFT trading has surged recently, reaching Billion Dollar valuations. Read more here: [LINK]

Nintendo Demonstrates Aggressive IP Tactics

Digital content creators should pay attention to Nintendo’s ongoing lawsuit against…
Continue Reading Ping® by Adlerlaw August 2025 Don’t Monkey With NFTs & Nintendo’s Aggressive IP Tactics

Hi! Welcome to Ping®! I hope you stay with us.

Ping® started over 25 years ago. It grew from my experiences running the Entrepreneurial & Start-up Ventures Committee and the Media, Arts & Entertainment Committee of the Chicago Bar Association. I also gained insights from public speaking in the areas of intellectual property, information technology, privacy, security, and social media.

Every forum meeting or presentation ended with in-depth questions from the audience. Since I rarely had time to answer these questions or provide any depth to my response, I decided to publish Ping®. These articles share my knowledge and educate…
Continue Reading Boost Your Legal Knowledge with Ping® by Adlerlaw

This month Ping® by Adlerlaw looks at recent copyright lawsuits and the companies and artists making headlines for the wrong reasons, such as OpenAI, The White Stripes, Cardi B, Megan Thee Stallion, GloRilla and Soulja Boy, all sued for Copyright Infringement

A curated snippet of each case is summarized below.

Copyright Lawsuit Weekly Update

OpenAI defeats news outlets’ copyright lawsuit over AI training, for now Reuters

A New York federal judge on Thursday dismissed a lawsuit against artificial intelligence giant OpenAI that claimed it misused articles from news  

White Stripes Drop ‘Seven Nation Army’ Copyright Lawsuit Against Trump

Rolling Stone

The White Stripes have dismissed their copyright infringement lawsuit…
Continue Reading Ping® by Adlerlaw Companies & Artists Making Headlines For The Wrong Reasons

The Commercial Use of AI in Voiceovers: Legal Considerations and Implications

The rapid advancement of artificial intelligence (AI) technology has revolutionized various industries, including the field of voiceovers. As AI-generated voices become increasingly sophisticated and indistinguishable from human voices, their commercial use has raised significant legal questions and concerns. This article examines the key legal considerations surrounding the commercial use of AI in voiceovers, including copyright and intellectual property issues, privacy and consent requirements, licensing and usage rights, disclosure and transparency obligations, and industry-specific considerations.

To learn more, read the full article here.

Please do not hesitate to contact…
Continue Reading Ping® by Adlerlaw – More AI-Related Legal Issues For Creative Professionals

Has your Google Ads account been suspended? Do you find the suspension notice to be vague and unsubstantiated? You’re not alone! Do you want to know what to do when Google Ads shuts you down? Here are some suggestions.

First, read the Notice! Google’s Policies are intentionally vague and cover a broad range of conduct.

Second, review the response guidelines. Determine what type of response is required and gather “evidence” in support of your position before you respond.

Third, Consult your lawyer!. It’s easy to make mistakes. Presenting your best case in the first instance will improve efficiency and effectiveness.
Continue Reading Ping® by Adlerlaw – Ultimate Guide to Google Ads Suspension Solutions

Applicant, Eagle Trace Brewing Company LLC, applied to register the following standard-character marks on the Principal Register: EAGLE PARK DISTILLING for “distilled spirits; alcoholic beverages, except beer” in International Class 33;1 and EAGLE PARK BREWING COMPANY for “alcoholic beverages, namely beer” in International Class 32.

Sazerac Brands, opposed both applications on the ground of likelihood of confusion under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), asserting prior rights in and ownership of marks registered on the Principal Register: EAGLE RARE (standard characters) for “bourbon whiskey” in International Class 33;3 and for “whiskey” in International Class…
Continue Reading Eagle Rare Unable to Claw Away Eagle Trace in Battle Over Eagle Park.

It has become customary for many businesses to set up a limited liability company (LLC). Especially when it is a 1 or 2-person business.  Among the many advantages of LLCs are simple default tax classifications: sole proprietor for 1 member, partnership for more than 1 member, also known as “pass-through.” This is the same regardless of the type of member. However, have you asked your lawyer, accountant, or business advisor if it makes sense to simply take the default classification? Small businesses should consider whether making the election to be treated as a “S-corporation” makes sense.

Read the full article …
Continue Reading Ping® by Adlerlaw Should My LLC Be Taxed As An S Corporation And Why?

Do you feel like the subject of AI has entered almost every conversation?

This month’s issue of the Ping® Newsletter looks at the Copyright Implications of AI-Generated Music.

For creative professionals and especially musicians, trying to evaluate the impact of AI on both creative and commercial rights and music, raises more questions than it answers. For our quick and by no means exhaustive summary of some of these questions, read more below.

The Copyright implications of AI-generated music is fast becoming a major issue as AI tools capable of creating music that mimics human artists have proliferated. Some key questions…
Continue Reading Ping® by Adlerlaw – The Copyright Implications Of AI-Generated Music

How Can Designers Protect Their Intellectual Property?

Interior Design and knockoff furniture made headlines in a recent New York Times article, most likely due to the celebrity attached to the controversy. The complaint filed by the Judd Foundation against interior design firm Clements Design, Inc. and the designer’s client, Kim Kardashian, alleges claims for trademark infringement, copyright infringement, unfair competition, false advertising, and false endorsement related to the sale and promotion of allegedly knockoff Donald Judd designed furniture.

Filed in California, the Judd Foundation brings its unfair competition claims primarily under 15 USC 1125(a) based upon Clements Design’s and…
Continue Reading Kardashian YouTube Video of Office Furniture Prompts Lawsuit Against Celeb & Interior Designer

This month’s issue of Ping® highlights some trends in digital advertising. On June 29th, 2021, Illinois passed a Name, Image, Likeness (NIL) law for their colleges and institutions allowing a student-athlete to earn compensation commensurate with market value while enrolled at a postsecondary educational institution, and obtain and retain a certified agent for any matter or activity relating to such compensation.  This has prompted some discussions around different states treatment of right of publicity laws. This month’s issue of Ping® briefly compares NY and IL NIL laws.

Illinois vs New York Right of Publicity Acts: Key Differences and Protections

A…
Continue Reading Ping® by Adlerlaw January 2024 – A Brief Comparison of NY and IL NIL laws.

Ping® by Adlerlaw Reminder: NYC Requires Written Contracts For Freelance Workers

New York City’s Freelance Isn’t Free Act defines freelance workers as any individual hired or retained as an independent contractor by a hiring party to provide services for compensation. Commonly referred to as gigs, tasks, projects, side or contingent work, working on contract or spec, freelancing, contracting, subcontracting, consulting, moonlighting, entrepreneurship, alternative arrangements, self-employment, etc., you can contact DCWP if you have questions about classification as a freelance worker, independent contractor, or employee.

If you employ independent contractors in New York City (NYC), you may need to have written…
Continue Reading Ping® By AdlerLaw – NYC Written Contracts & Freelance Workers

Or, Can I post a photo of graffiti art to Instagram?

Imagine this scenario: while traversing the city on your daily walk to the office you see some interesting graffiti on the inside of a stairwell in the commercial building housing your favorite independent coffee shop. It’s clearly layers upon layers of works by who-knows-how-many artists. Next to the stairwell is a sign, with icon of a camera, and hashtag. Feeling inspired and intrepid you snap a photo, instantly uploading it to your story with a witty one-liner about undiscovered urban art.

As the caffeine works its magic you begin…
Continue Reading Ping® By AdlerLaw – Public Art & Social Media

Ping® by Adlerlaw – Structuring and Planning M&A Transactions

I was honored to participate in a recent webinar about Merger & Acquisition Transactions as part of the Financial Poise  M&A BOOT CAMP 2023. Our program, the kick-off episode in the series,  “Structuring and Planning the M&A Transaction,” covered a broad range of topics related to preparing for, structuring, and executing M&A transactions.

Whether you are a buyer or a seller, you may have questions, such as “What are the primary types of M&A transactions?” The panel discussed some of the key similarities and how they are structurally different. For…
Continue Reading Ping® by Adlerlaw – Structuring and Planning M&A Transactions