I think before you build an Arc de Triomphe you should be able to identify at least un (1) triomphe

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Grammarly discovers that right of publicity is a thing.

In 1902, Abigail Roberson sued when she discovered her face printed on flour sacks everywhere without her consent; the case led to one of the first privacy statutes in NY. But AI impersonations are fine, I guess

Album Of The Day
Acclaimed #383
Artist: Sonny Rollins
Album: Saxophone Colossus
Year: 1957

#NowPlaying
#AlbumOfTheDay

Alex argues personal brand is _not_ IP and we shouldn’t treat them as such, because it may bend the law in directions it should not go. Current regimes (trademark, copyright, right of publicity, contract) with their boundaries provide sufficient means for legitimate relief.

OMG Girlz - people.com/ti-tiny-71-mil… - Doll designer makes dolls similar to a band whose members were young black girls. A $73m award in the band’s favor was reduced to nothing.

The core of the claim - this is mine, you took it from me, and you can’t have it.

Another example from Roberts - Hayley Paige Bettman - her influencer deal meant that her former employer took control of her social media accounts, and for a time she was locked out of those accounts. Not the only designer to whom this happened.

Eventually the claim settled, but the claim went farther than many thought it should.

a woman says i 'm drowning in beige in front of a table with jars on it ALT: a woman says i 'm drowning in beige in front of a table with jars on it

Sydney Nicole Gifford - beige influencer complaint - stealing the personal vibe - which is kind of beige.

Personal brand cheerleaders argue “personal branding is a legal asset,” and so the individual should keep an eye out for unauthorized uses and be ready to “take legal action immediately.”

How do we get from idea of personal brand to litigation about personal brand? Roberts notes that we find parallel concepts in trademark, copyright and right of publicity doctrines.

Stedman Graham once claimed Mother Theresa was a great example of successfully creating a personal brand? #wipip26

Last session of #WIPIP2026, and Alex Roberts @lexlanham.bsky.social asks “are we human, or are we brands now?” Or “I curated this look, so I must own it!” - Litigating Personal Brand: Intellectual Property & Construction of the Self

margo bagley & christine haight farley: "when procedure becomes policy: the hidden substantive effects of the design law treaty"

is international design law a thing? WIPO has adopted two new treaties, so it might be a thing now! GRATK & RDLT

pantone has a TM in PANTONE & PANTONE MATCHING SYSTEM for color forecasting & services & its chip that it uses to promote colors

does it have copyright in its booklets? pre-feist it enjoined another co. from producing similar booklets (facilitated selection/matching)

what role does the standardization of creative information have on the recognition of IP rights, including trademark & copyright, in creative industries?

can brands that standardize creative info make legal claims to those standards? what is the essence of a standard?

proposals, w/ truthfulness as organizing principle:
*reimagine failure to function
*expand abandonment doctrine
*strong duty of candor
*expand standing to include consumers

problems w/ current framework: there's a doctrinal gap between false ad & trademark law

focus on literal deception leaves space for "license to cheat" & erodes consumer trust in trademarks

ramsey: matter w/ preexisting informational, expressive, or decorative value in an industry or community before it was claimed as a mark should fail to function

so focus on the goods/services (t-shirts or refrigerators?), content of the mark, location or likely location of the mark

or at least let's be clear on the burden of proof--it should be clear & convincing evidence that something is generic if that mean it's going to be fatally unprotectable

& "key aspect" needs to go, vs. "immediately convey"--too blurry a test

lorelai ritchie, "question mark (TM)": what if there's no such thing as genericness, only degrees of descriptiveness? it's a spectrum, not an absolute.

#wipip26

disckson likes the farley/@LPRamsey proposal: dft would have initial burden of showing use is informational or expressive; burden shifts to plaintiff to show it's a false statement/likely to mislead

stuart semple: believes color marks they shouldn't exist, so makes art materials as cultural critique, not for profit (easy klein blue, tiffany blue)

he does understand color trademarks but misrepresents intentionally

rachael dickson @tudorsandtms.bsky.social: "the art of trademark disobedience" #wipip26

dickson argues current fair use tests are often insufficient for protecting speech & expression using trademarks as a form of civil disobedience

3rd parties rely on pantone to ground their TM rights with reference to pantone numbers in their registrations

rights seem based on value creation, systemic organization of commons material, gap exploitation through contract law, authenticity & consistency, interoperability