Brand Protection with Mallory King

By: Josh Sloat

Generated using OpenAI’s DALL·E 2.

Jack Daniels, Mickey Mouse, and Andy Warhol Walk Into a Bar...

In this month’s episode, we’re talking about Jack Daniels, Mickey Mouse, Andy Warhol, Jason Voorhees, Winnie-the-Pooh, Lizzo, and WallStreetBets. What do they have to do with patents you might fairly be wondering? Honestly, not much. 

Patents are our focus in our business and in this podcast, so we devote a lot of air time to talking about protecting ideas and inventions, but in the realm of intellectual property, patents have some pretty close cousins. In thinking more broadly about creating the largest possible moat with your IP, you also need to be considering what our guest, Mallory King, refers to as “brand protection” – or the copyrights, trademarks, and contracts necessary to protect your brand’s rights and assets. 
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​Copyrights and trademarks in particular have seen a lot of limelight this year involving some of the biggest brands and pop culture icons. At the same time, major IP rights questions are erupting around the use of generative AI systems like ChatGPT. In addition to covering the basics necessary to help get you booted up, we’re going to use these high profile topics and Supreme Court cases as a vehicle to get a deeper understanding of copyrights and trademarks and some of the sharpest corners you should be aware of when managing your own brand protection. 

Episode Overview

Come for the SCOTUS potty humor; stay for the brand protection learnings. ​The past year has been a target-rich environment for comedic relief in the land of IP law. We cover a lot of ground in this episode and went to great lengths to ensure research accuracy, including attending the one-day theatrical release of Winnie-the-Pooh: Blood and Honey, back in February. After Mallory briefly coaches us up on the fundamentals of brand protection, we tackle the following:
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• Copyright and trademark basics
• Work made-for-hire and Friday the 13th
• Jack Daniels Properties v. VIP Products
• Brand protection expiration: Winnie-the-Pooh: Blood and Honey and Steamboat Willie
• Lizzo's "100% That Bitch" trademark appeal
• r/WallStreetBets trademark dispute with Reddit
• Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
• Generative AI: Humans as authors and fair use implications

Our Guest: Mallory King

Mallory King is the owner and attorney at Breathe Brand Protection, PLLC, a boutique law firm specializing in all things brand protection. Based in Traverse City, Michigan, Mallory is passionate about helping entrepreneurs and small businesses protect their most valuable brand assets, both locally and nationwide.

​Mallory has helped us with some of our own brand protection, including copyrights for our beloved Sonic the Patent mascot. 

Mossoff Minute: Patent Eligibility Restoration Act

In this month's Mossoff Minute, we discuss the introduction of the 2023 Patent Eligibility Restoration Act, its biggest criticisms, and what it solves. ​We’re also publishing excerpts as short-form videos on Instagram Reels, YouTube Shorts, and TikTok. 

Given the importance of PERA and the ongoing debate, we’re releasing the full-length interview on YouTube. The full-length version includes:

• In-depth analysis of concerns about eliminating economic, financial, and business process patents.
  
• Adam’s thoughts on how enactment of PERA would change U.S. eligibility to better compete with China in 37 of 44 critical and emerging technology areas where China is​ reported to be in the lead. 
• The implications of the judicial exceptions being eliminated in the Findings section of the bill, as opposed to being part of the statutory language – and whether or not this is a cause of concern about the Supreme Court’s Clear Statement Rule.

Availability

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.​

​Resources

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​Related Episodes

• Google v. Oracle: The Future of Software and Fair Use. The Supreme Court's ruling on another landmark copyright case between Google and Oracle over fair use and the Java API.
• Prenuptial Patenting: Responsible Engagement with Engineering Firms. Properly structuring agreements so that both parties own their respective IP at the end of the engagement. 
• Open Source and Patent Rights: Collaboration with Consequences. Open-source licenses are essentially copyright licenses that can come packed with serious consequences, including restrictions that can make it impossible to keep your code proprietary. 

Transcripts​
We're also providing computer-generated transcripts for improved accessibility and additional reference opportunities. 
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