0.2: Butter Get a Lawyer
THIS WEEK: We check out a trademark infringement action that you won't believe is not butter, an AI case that's less than funny, and a trust that can survive the cold. Also, jobs, jobs, and jobs.
Butter Get a Lawyer
In a battle over “Butter,” you’d expect one to be, well, made of butter. Not the case in this new lawsuit. Let’s set the table: Butter wine owner JaM Cellers owns this mark
Chances are you’ve seen it while at a supermarket or liquor store (they have alleged sold 59 million bottles since 2010). Not a wine drinker? Enjoy cannabis instead? Well then maybe you’ve seen this Butter:
Well, JaM saw it, and you butter believe they weren’t happy about it. As you’d expect, JaM lawyered up and filed an action for trademark/trade dress infringement against the owners of the cannabis dispensary and related cannabis goods.
Good case? Or butter off being left outside of court? Ok, ok, we’ll stop.
Carlin AI
An attempt to recreate George Carlin using AI has left two comedians/podcast hosts in court. Will Sasso and Chad Kultgen were both sued for an AI generated “George Carlin Special,” which featured a robo-Carlin’s take on the current events following his death in 2008.
As you probably guessed, Carlin AI was created using George Carlin’s comedy specials and transcripts. And as you also probably guessed, it seems that George Carlin’s estate did not sanction this comedic Frankenstein’s Monster.
This case presents a fun/horrifying combination of alleged AI copyright infringement and a breach of the right of publicity (which, by the way, extends 70 years after death in California).
Do we think it’s a good case? Maybe? Do we think the George Carlin’s estate will get the last laugh? Maybe? Will we be tuning in to see where this goes? Absolutely.
Joke Break
Trust Me
Probably want to keep your winter coat on for this one. Now let us preface this and say that celebrities and incredibly wealthy individuals freezing themselves isn’t new. But how these people try to hold on to their money and assets was certainly new to us.
According to a recent Mother Jones article , attorneys are pioneering estate planning for their ice cold clients. Known as "cryonic suspension trusts,” these legal instruments attempt to leave assets to the defrosted (or digitally stored) beneficiaries.
But these trusts present a lot of questions, with the most important being, “are they even enforceable?” There is also, probably (though so states have pushed it out pretty far), a rule against perpetuities issue that’s just waiting to thaw.
We’re going to chill out for a bit and ponder this one a bit more. If you’re frozen before we get back, we apologize for the puns.
A Few 0.1’s
Made in America? Well, the FTC fines are.