AI’s evolution may mirror Netflix’s shift from distributor to creator, raising new IP challenges. As AI trains on expert work and offers advice, it could compete with practitioners, blurring lines of authorship, expertise, and fair competition. Key concerns include whether AI outputs are derivative, mimic specific experts, or infringe on reputation and branding rights, prompting… Continue reading Could AI Become the Netflix of Expertise? The Next Wave of IP and Competition Questions
Category: Articles
Brand It ‘Intelligent,’ You Own What It Says
Robby Starbuck’s lawsuit against Google raises questions about AI accountability. As companies brand AI as “intelligent,” they face higher expectations for accuracy. If AI makes false, damaging claims, responsibility may shift from platforms to creators or publishers. The case could set new legal standards for AI liability and highlights the risks of promising “intelligence” in… Continue reading Brand It ‘Intelligent,’ You Own What It Says
Successful and Enforceable Brands Connect with the Consumer: Lessons From a Recent 10th Circuit Decision
Engaging logos, icons, or symbols for your company are essential, and easier to create than ever. A myriad of AI tools and freelance options empower rapid creation of stylish and cool logos in what feels like a heartbeat, and at a fraction of the price. But the days of slapping your fresh brand or a… Continue reading Successful and Enforceable Brands Connect with the Consumer: Lessons From a Recent 10th Circuit Decision
Beyond the Logo: How AI Complicates Trademark Protection In the Digital Age
Today, building brands solely on the promise of a different product or service has become unsustainable. Any “new and improved” feature or benefit is quickly eclipsed by competitors. Consequently, brands signal category superiority not through rational claims, but by reinforcing a distinct persona — a “ness” comprised of distinguishing traits and behaviors that form an… Continue reading Beyond the Logo: How AI Complicates Trademark Protection In the Digital Age
Super Bowl 2025: More Ads Take The Field. Will They Score On Game Day?
In my review last week, I highlighted how early front-runners Doritos and FanDuel were smartly playing to football’s unifying appeal. As more brands release their Super Bowl teasers, we’re seeing a concerning trend: Too many advertisers are confusing star power with stopping power. The multi-million-dollar question remains: Who will break through, get noticed, communicate a… Continue reading Super Bowl 2025: More Ads Take The Field. Will They Score On Game Day?
Martha Stewart Has Been Reinventing Thanksgiving And Herself For 47 Years And What She Can Teach You About Keeping A Brand Relevant
Martha Stewart has been reinventing herself and her brand
America’s Polarized Politics Are Obvious—YouGov’s Study Attempts To Link This Polarization To The Brandscape
In a recent conversation with Bob Knorpp on his BeanCast podcast, Bob opened by sharing the latest study from YouGov, which explored how political polarization is influencing brand perception in the U.S. According to the survey, only 29% of brands have bipartisan appeal, with most brands leaning either conservative or liberal. From there, our conversation… Continue reading America’s Polarized Politics Are Obvious—YouGov’s Study Attempts To Link This Polarization To The Brandscape
Proactive Brand Defense: Why Warren Buffett’s Advice Matters More Than Ever
Warren Buffett’s wisdom rings true: “It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently.” As an expert witness in trademark cases and a veteran brand consultant, I’ve seen the profound truth in these words. However, in today’s digital age, even five… Continue reading Proactive Brand Defense: Why Warren Buffett’s Advice Matters More Than Ever
Woke-Up Call: Universities Need A Brand Reboot
Many of America’s most renowned colleges and universities have been in the headlines for all the wrong reasons. In the wake of turmoil over colleges’ responses to the latest social and geo-political uproar, a much deeper fissure has been laid bare that has the potential to break the brands that elite schools count on to… Continue reading Woke-Up Call: Universities Need A Brand Reboot
Tesla’s Rough Road Ahead – Waning Product Differentiation And A Toxic Musk Brand
Product differentiation has not sold cars for decades. Cars today all drive and mostly look the same, equipped with the same features, from rain-sensing windshield wipers to LED headlights and surround sound. Automakers now rely on being badge brands, much like fashion or beer companies. They hope buying a particular brand will make you feel… Continue reading Tesla’s Rough Road Ahead – Waning Product Differentiation And A Toxic Musk Brand