Ping® by Aderlaw March 2026 – NFTs show creative application of traditional trademark, unfair competition, and reputational-control doctrines

Lawsuit in the Southern District of New York Settles $69 Million NFT Claim over Beeple’s “Everydays: The First 5000 Days

According to Artnet, in March 2021, Beeple’s Everydays: The First 5000 Days sold for $69.3 million, “sending an earthquake through the art world.” The lawsuit matters because it shows how traditional trademark, unfair competition, and reputation control doctrines are used. These doctrines police identity and authorship claims in the NFT/crypto space. This happens despite all the tech novelty.

The lawsuit settlement confirms a single person purchased the NFT. A former independent contractor denied any role in the sale. The NFT market has since sharply declined.

The settlement ends one of the few long-running sagas over NFTs.

When your brand, reputation, or creative work is on the line, you need counsel who understands both the traditional rules and how they apply to fast‑moving technologies. Trademarks and digital branding go hand in hand. If you’re facing a dispute or want to proactively tighten your assets, reach out to discuss your situation and explore practical strategies tailored to your business.

Ping® by Adlerlaw – January 2026

Looking Back, Looking Forward

Ping® by Adlerlaw January 2026 Looking Back, Looking Forward

Beyond Transactions: Building Solid Businesses

In 2025 Adler Law Group:

*Registered over a dozen New Federal Trademarks, including:

  • BLOOMA – consulting
  • MORE THAN JUST BANKING -banking
  • CEO – corporate events
  • LIFEFORCE BREATH – consulting
  • CALM ON THE GO – consulting
  • E9 – Golf events
  • AV=ADDED VALUE – audio visual production services
  • CORPORATE EVENTS ONLINE – online streaming services
  • MAKE MARS GREAT AGAIN – various novelty goods
  • PLAY LIFE DIFFERENTLY – financial services
  • US IMMIGRATION SUPPORT – immigration services
  • ROSE HILL DESIGN STUDIO – interior design services

*Helped a Medical Services start-up secure $10,000,000 in start up funding.

*Assisted an ecommerce services business acquire assets out of a bankruptcy and turn it into a 7 figure services business.

*Counseled several Independent Filmmakers on starting and successfully producing their first feature film.

WHERE WE WERE THIS YEAR

As always, I continue to share my knowledge and experiences with entrepreneurs across a wide range of industries, and 2025 was no exception.

These are just a couple events wher I was a featured speaker:

  • NAMA Show 2025, Las Vegas – Build Brands and Customer Loyalty
  • KBIS VFTI 2025, Las Vegas – Protecting Original Design and Authenticity in an Age of Knock-Offs
  • DESIGN CHICAGO 20205 – Contract Basics For Interior Designers

Learn more about these events here.

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.

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.

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.

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.

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.

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.

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: 

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/

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.