Brand Owners: “Your True Colors Are Beautiful” – And Worthy of Protection! Have You Filed a Color Trademark Yet?

As a child of the 1980s, I’d be remiss if I didn’t kick this blog post off with a nod to the pink-haired Cyndi Lauper (a trademark owner herself), who perhaps said it best in her 1986 hit “True Colors:” “I see your true colors Shining through I see your true colors And that's why I love you So don't be afraid to let them show Your true colors True... Read More

IP Considerations For Crowdfunding of Inventions

Crowdfunding is becoming an increasingly popular option for some startups to raise capital for the initial manufacturing run for new inventions. Crowdfunding is a financing method that seeks to solicit money from a large number of individuals online to fund, for example, the production of various products or content, or various charitable causes.... Read More

BrownWinick Included in 2024 Edition of Best Laws Firms Ranked by Best®

BrownWinick is excited to announce the firm has been included in the Best Law Firms Ranked by Best® 2024 publication. Firms included in the 2024 edition of Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality... Read More

Who Owns the Rights to Content Created by Artificial Intelligence Generators?

It is an open question as to who owns the rights to content that is at least in part generated by Artificial Intelligence. This could include a Large Language Model (LLM) such as OpenAI’s ChatGPT, Microsoft’s Bing LLM, and Google’s Bard, or could be an AI image generator such as OpenAI’ DALL-E 2 or DeepAI. While there is no easy answer, the bottom... Read More

Influencer Branding - Creators and Company Considerations

There is no doubt that social media has changed the landscape of how companies market their products. Now, one person can speak to thousands or millions of their followers to promote a specific product. However, influencer marketing has regulations much like its traditional counterpart. Influencers, or otherwise known as content creators, should... Read More

ChatGPT - A Legal Client's Friend or Foe?

ChatGPT was released by OpenAI in November of 2022. ChatGPT is a natural language processing tool that is powered by artificial intelligence. Stated another way, ChatGPT is an artificial intelligence chatbot that can interact with users by answering questions; drafting essays, letters, or poems; generating artwork; and more. ChatGPT has been... Read More

Is Your Content Being Taken and Reposted Without Your Permission? Here’s How to Effectively Combat Copyright Infringement on Social Media

It is no secret that copyright infringement is becoming more and more common across all widely used social media platforms. Many online content creators with a significant following have probably experienced their copyrighted material being reposted online without their authorization. Indeed, they may have experienced this unpleasant phenomenon... Read More

EEOC Provides Guidance on Employers Using AI in the Workplace

The convenience and efficiency of utilizing Artificial Intelligence (“AI”) to hire employees, observe performance, and make decisions about pay and promotion opportunities could run your business into issues with Title VII, if the employer does not have sufficient oversight measures in place to monitor these tools effects. On May 18, 2023, the... Read More

Patents vs. Trade Secrets: What You Should Know

A patent can be an excellent way to protect an invention. Machines, processes, compositions of matter, and manufactures can all be protected by a patent. Having a strong patent gives the patent owner a virtual monopoly on his or her invention for 20 years. Patents, however, are not the only way to protect an invention. Depending on the... Read More

What is "Virtual Patent Marking" and Does It Make Sense for Your Business?

Have you ever seen a product with the words “Patented” “Patent No.” Pat. No.” or similar language printed on it? If you have, you have seen an example of patent marking. The purpose of patent marking is to provide notice to the public that the product is patented. A patent owner is not required to mark a product as “Patented.” However, there are... Read More