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The Tale of Two Showgirls
Wei Wei Jeang Unless you have been hiding under a rock, you would have heard of Taylor Swift's album "The Life of a Showgirl" and danced to her songs. Now, the mega popstar has been accused of trademark infringement. Filed on March 30, 2026 in the Central District of California, Maren Flagg, who performs under the stage name "Maren Wade," has filed a lawsuit against Ms. Swift, her IP rights management company, record company, and merchandising company, accusing them of infrin


Functionality of Trade Dress Negates Protectability
By Wei Wei Jeang The War of Brazilian Creams A recent New York federal court ruling is creating ripples in the beauty industry, where the maker of the iconic BRAZILIAN BUM BUM CREAM , Sol de Janeiro USA Inc (SDJ), was told that its cannot enforce its trademark rights. The decision came down to a determination that the product packaging is functional and therefore not protectable as trade dress. In 2021, Costco asked Apollo Healthcare to develop a "dupe" by copying the BRAZILI


Buc-ee's Beaver Said "No Go" to the Moose
By Wei Wei Jeang Buc-ee’s is back in court this time to complain about a moose. Buc-ee’s has sued Ohio‑based Mickey’s, arguing that Mickey’s logo—a smiling cartoon moose in a red hexagon—is confusingly similar to Buc-ee’s famous beaver with a red cap inside a yellow circle logo. According to the complaint, Buc-ee's pointed out that both marks feature "cartoon animal facing right, with wide eyes and a smile.” Buc-ee’s asserts that Mickey's prominent use of red color in its log


NCAA vs. DraftKings: A March Madness Trademark Showdown
By Wei Wei Jeang March Madness is in full swing — and so is a high-stakes trademark battle. On March 21, 2026, the NCAA filed suit against DraftKings in federal court, accusing the company of trademark infringement and dilution for using iconic phrases such as "March Madness," "Final Four," "Elite Eight," and "NCAA Sweet Sixteen" to market its gambling products — without the NCAA's permission. The NCAA is asking for an emergency temporary restraining order seeking to immediat


Descriptive Trademarks
By Wei Wei Jeang A trademark enables a company to establish a distinctive brand identity that can become synonymous with its goods or services. However, many clients—lacking creative inspiration—often propose marks that are too closely tied to the products or services themselves. The trademark attorney’s role, therefore, often involves guiding clients toward adopting marks that are more distinctive and legally protectable. In trademark law, a mark that is “merely descriptive”


Design Patent Protection for Digital Interfaces and Icons - An Update
By Wei Wei Jeang A significant USPTO policy change to take effect on March 13, 2026 expands how design patents can be obtained for computer-generated interfaces and icons. What Changed? Previously, applicants seeking design patent protection for computer icons or graphical user interfaces (GUIs) were required to show the physical display device screen — either in solid or broken lines — in the drawings. Under the new guidance, if the title and claim language properly identify


Updates on Trademark Infringement Damages
By Wei Wei Jeang In Dewberry Group, Inc. v. Dewberry Engineers Inc., the U.S. Supreme Court recently addressed an important question under the Lanham Act: When a trademark owner prevails in proving trademark infringement, whose profits may be recovered as damages? The Court ruled that profit recovery under the Lanham Act (15 U.S.C. § 1117(a)) is limited to the profits of the defendant that actually engaged in the infringing conduct. Courts may not automatically award profits


Potential Trademark Liability from GenAI
By Wei Wei Jeang In a case involving The New York Times and Perplexity AI, The Times has raised concerns that hallucinatory content generated by the AI tool has been falsely attributed to the publication. The Times alleged copyright and trademark infringement in the U.S. District Court for the Southern District of New York While much of the litigation centers on copyright infringement, The Times also argued that Perplexity’s fabricated information, or “hallucinations,” and


Alright, Alright, Alright - Matthew McConaughey’s Trademark Strategy
By Wei Wei Jeang Oscar-winning actor Matthew McConaughey recently secured federal registration for a number of trademarks through his company J.K. Livin Brands Inc. — the commercial arm of his Just Keep Livin lifestyle brand — with a clear strategic purpose: protect his voice, likeness, and iconic expressions in the age of artificial intelligence. McConaughey’s legal team registered eight distinct marks with the United States Patent and Trademark Office (USPTO) that capture


Employees Want Strong Local Schools. Helping Them is Good Business.
By Emily Villamar-Robbins We know that happy employees are more productive , and most employers take steps to support well-being in the workplace. But what about life events that employees can’t just leave at home? Stress levels can impact motivation and focus, both at home and on the job. If you’ve spent time around kids, it will come as no surprise that parenting can be a significant source of stress. The U.S. Surgeon General even issued a recent warning about parents’ i


LAWYERS, USE AI TO IMPROVE QUALITY TO CLIENTS: A TRUE STORY
By Jonathan K. Hustis Are you just too tired and "already been there" to read another post about AI abuse by lawyers? Take heart, buck...


AI or Not, Texas Fee Ethics Stay the Same
By Jonathan K. Hustis The use of artificial intelligence (AI) in legal practice is accelerating the automation of how attorneys research,...


A BIG, BEAUTIFUL DELETION – “YES” TO TEXAS REGULATION OF AI!
By Jonathan K. Hustis , Member, Fulton Jeang, PLLC, Dallas, Texas USA Yay! With the Big Beautiful Bill that passed last week, Congress...


Lululemon Stand
By Wei Wei Jeang Unless you were hiding under a rock you would have heard about the lawsuit filed by Lululemon against Costco in late...


40 State Attorneys General Say "NO!" to Federal Moratorium on State Law AI Governance
By Jonathan K. Hustis StateScoop , a news outlet from Scoop News Group that covers state and local government affairs, recently...
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Rockstar Launcher (@RockstarLauncher-FJ) is a podcast that focuses on the intersection of business and law. It features rockstar FJ lawyers who work with their rockstar clients to navigate their legal issues and achieve their business goals.
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