Author: David

I am a the founder of a boutique intellectual property law firm based in Chicago, Illinois. In my role as a trusted advisor, I act as the primary transactional attorney for my clients, reporting directly to a company’s executive staff and/or its General Counsel. I provide advice to business units and executives on copyright, trademark, ecommerce, software/IT, media & entertainment and issues associated with creating and commercializing innovations and creative content, drafting and negotiating contracts and licenses, advising on securities laws and corporate governance and managing outside counsel. My clients frequently rely on me to successfully draft and negotiate complex commercial and intellectual property transactions such as supply/distribution agreements, IP development and license agreements and documentation related to mergers, acquisitions and divestitures.
Computing, Content Development, Copyright, Creative Content, Entertainment, Internet, Strategy

Ping® by Adlerlaw October 2025 – Navigating AI in Creative Contracts

Third-party generative artificial intelligence systems (AI) are rapidly transforming creative work, introducing new opportunities and real legal and business risks. Many contracts do not yet cover how AI tools are used, who owns resulting intellectual property, or what happens if errors or unlicensed materials are incorporated into your final product. Creative professionals should strongly consider reviewing their contracts and adding provisions for AI use to tackle evolving risks and responsibilities for your industry. This article looks at contractual issues affected by use of AI tools and suggests specific terms to consider. While not exhaustive, the topics in this article target major areas for attention.

Copyright & Intellectual Property (IP) Rights

AI-generated work can pose challenges for copyright protection, licensing, and third-party rights. Many platforms and tools have uncertain or shifting approaches to ownership and proper licensing.

Read more here.

Copyright, Entertainment, Infringement, Law, Patent, Trademarks

Ping® by Adlerlaw August 2025 Don’t Monkey With NFTs & Nintendo’s Aggressive IP Tactics

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 Palworld alleging the Pokemon-inspired survival game had infringed on several of Nintendo’s patents revolving around various game mechanics. Nintendo just recently filed corrections on three of the patents involved in a lawsuit with the Japan Patent Office revising the wording of game mechanics Nintendo. Nintendo’s last-minute patent changes have provoked outrage. Read more here: [LINK]

AV Voice Text Clones & Copyright Law

On a related note, AV voice text clones do not violate copyright laws. The Southern District of New York issued ruled in Lehrman et al v. Lovo, Inc., 1-24-cv-03770 (SDNY Jul. 10, 2025) that actors’ voice recordings used to create AI-generated voice clones “identical to” the Plaintiffs’ voices as part of a text-to-speech service was not copyright infringement.

Corporate Law, Entertainment, Law, Legislation, llinois

Boost Your Legal Knowledge with Ping® by Adlerlaw

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 creative professionals to be better consumers of legal services.

This month Ping® by Adlerlaw looks at new laws in Illinois, as well as upcoming Interior Design CEUs. See more here.

Copyright, Entertainment

Ping® by Adlerlaw Companies & Artists Making Headlines For The Wrong Reasons

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 against Donald Trump over the use of ‘Seven Nation Army’ in a short video.

Plies Sues Cardi B, Megan Thee Stallion, GloRilla and Soulja Boy for Copyright Infringement – Report

XXL Mag

According to a complaint filed with the US District Court for the Central District of California on Wednesday (November 6), GloRilla’s recent hit Wanna Be sampled Soulja Boy’s 2010 track Pretty Boy Swag, as did the Wanna Be remix featuring Cardi B.

Copyright Case Between Deborah Roberts and Lynthia Edwards Continues

Art News

A copyright infringement lawsuit between two collage artists, Deborah Roberts and Lynthia Edwards Continues Without a Victory The two artists both work with collage, often using young Black girls as focal points in their work.

Please do not hesitate to contact us with any questions, comments or concerns you may have around this issue.

Contracts, Copyright, Creative Content

Ping® by Adlerlaw – More AI-Related Legal Issues For Creative Professionals

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 us with any questions, comments or concerns you may have around this issue.

Advertising, Business, Creative Content, Ecommerce, Entertainment, Internet, Marketing

Ping® by Adlerlaw – Ultimate Guide to Google Ads Suspension Solutions

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.

To learn more about specific steps and responses to Google Ads Account Suspension Notices, please read the full article on the Adler Law website here.

For more information, contact an attorney at the Adler Law Group.

Branding, Law, Marketing, Trademarks

Eagle Rare Unable to Claw Away Eagle Trace in Battle Over Eagle Park. 

Eagle statue

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 33.

Despite some similarities, including the presence of the word Eagle in the marks, the Board dismissed the opposition.

Read the USPTO TTAB decision here: 

Click to access ttabvue-91272260-OPP-46.pdf

Get In Touch

Adler Law Group

300 Saunders Road, Suite 100
Riverwoods, IL 60015
Toll free Phone & Fax: (866) 734-2568

https://www.adler-law.com/contact/

Business, Corporate Law, Corporations, LLCs, Small Business, Start-ups, Uncategorized

Ping® by Adlerlaw Should My LLC Be Taxed As An S Corporation And Why?

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 here.

If you are unsure about the benefits or the choices discussed above, feel free to contact us by email or by calling 1-866-734-2568. For over 27 years, we have guided business owners in this important depiction-making process.

Business, Copyright, Creative Content, Entertainment, Law, Media, Music

Ping® by Adlerlaw – The Copyright Implications Of AI-Generated Music

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 include whether AI-generated music can be copyrighted, who owns the rights to AI-generated music, and whether using copyrighted works to train AI models constitutes infringement.

For a discussion of four questions on this topic, visit the Ping® post on adler-law.com. Those questions are:

1. What Is The Current Legal Stance?

2. How Much Human Involvement is Necessary?

3. What Is The The Originality Requirement.

4. What Is Shaping The Ongoing Debate?

Read the full article here.

Please do not hesitate to contact us with any questions, comments or concerns you may have around this issue.

Branding, Copyright, Entertainment, Influencer Marketing, Trademarks, Unfair Competition

Kardashian YouTube Video of Office Furniture Prompts Lawsuit Against Celeb & Interior Designer

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 Kardashian’s use of alleged Judd Design knock-off, publicized on Kardashian’s YouTube channel in August 2022.

For more information about this lawsuit, please check out this Business of Home podcast in which I’m honored to be mentioned. That podcast is available here.

Designers take note: the Judd Foundation (in-artfully) alleges the Designer’s use of a photograph of a Judd-designed table in the Designer’s proposal to Kardashian is copyright infringement leading to unfair competition.

Contact Us Today

We have more than 25 years of experience representing clients in state and federal courts, and in the United States Patent & Trademark Office.

Adler Law Group is located in Chicago, Illinois, but serves clients throughout the United States including New York, as well as international clients.

Reach out today for all your trademark, copyright, licensing, litigation and business issues.