May It Please The Internet
by John Di Giacomo & Eric Misterovich
"May It Please The Internet" is a podcast brought to you by RevisionLegal.com, lawyers who represent businesses that make money online.
Podcast episodes
Season 1
Trademark Infringement In The Wild
In this podcast discussion, various trademark infringement cases are examined, each presenting unique elements and legal intricacies. The cases discussed include disputes between the Pike Place Fish Market and the Pike Place Market Authority over the usage of the name "Pike Place Market" in a lease agreement, Rolls-Royce's legal action against HexClad for marketing its cookware products as "the Rolls-Royce of pans," Trader Joe's lawsuit against a labor union called Trader Joe's United for logo and merchandise similarities, and a trademark dispute between Skittles and the cannabis company Turpogs, which used a mark resembling "Skittles."The discussion starts with a Michigan-based client's trademark dispute involving a cannabis company, leading to a demand letter. The potential for licensing the trademark to the cannabis company is considered, but the client opts against it due to concerns about being associated with cannabis. The hosts also speculate about the possibility of larger companies, like Skittles, licensing their brands to cannabis products in the future.The conversation shifts to a case involving Fyre TV, an older streaming service compared to Amazon's Fire TV, resulting in a "reverse confusion" scenario where Amazon's brand overshadows the original mark holder. The hosts emphasize the risks and complexities of trademark law, suggesting that Amazon should have settled the case sooner.Subsequently, the podcast delves into a case involving the Isley Brothers, a band with a history of trademark disputes, where two brothers are suing each other over trademark ownership, highlighting the common issue of intra-band conflicts regarding trademark rights.Lastly, the hosts touch on a Michigan lawsuit concerning the denial of a state trademark registration due to a matching business entity name. They express their belief that this denial is inconsistent with traditional trademark law, as registering a business entity does not constitute a use in commerce, which is a fundamental element of trademark law. They express interest in discussing this case further in a future podcast episode with an attorney handling it. Overall, the podcast provides insights into the complexities and challenges inherent in trademark law through the examination of these diverse cases."May It Please The Internet" is brought by Revision Legal.
Amazon Aggregator Troubles Continue
This episode discusses the troubles faced by Amazon aggregators, which are companies that buy and manage multiple Amazon businesses. These aggregators experienced a boom in 2020, with high multiples and easy access to funding. However, various factors, such as supply chain issues, rising shipping costs, and operational challenges, have led to their difficulties. Many aggregators used deferred payment structures in their deals, making it hard for sellers to get paid when issues arose. Private equity firms provided financing to these aggregators, but as the market changed and interest rates increased, the money dried up, leading to defaults and restructuring. Some aggregators still operate, but they are more focused and cautious in their approach. The podcast advises sellers to seek legal counsel and maintain communication with aggregators if they face payment issues.May It Please The Internet is a podcast brought by Revision Legal.
Legal Considerations For Video Game Development
John Di Giacomo and Eric Misterovich of Revision Legal discuss the legal considerations that game developers should keep in mind. They start by emphasizing the importance of entity formation and corporate governance, highlighting the need to formalize ownership and establish a proper operating agreement to avoid future complications. They share a cautionary tale of an indie developer who faced issues with copyright rights due to the absence of clear ownership documentation.Moving on, they delve into the significance of publishing, licensing, and distribution deals for game developers. They stress the need for developers to understand the extent of control they may be giving up and thoroughly review contracts to ensure their rights are protected. They emphasize the value of involving an attorney in negotiations to avoid unfavorable terms or misunderstandings, recounting instances where developers suffered financially due to inadequate legal representation.Legal compliance and regulation also come into play as the hosts discuss the evolving landscape of regulations surrounding the games industry. They mention the potential for lawsuits and class action suits if developers fail to comply with relevant laws and regulations, urging developers to proactively ensure compliance to avoid legal challenges.The podcast concludes with a discussion on the importance of employment practices and policies within game development studios. They emphasize the need for proper agreements, clear rights assignments, and comprehensive employment policies to prevent controversies such as harassment allegations, overwork, or disrespectful management. They stress the legal consequences of such issues and advocate for seeking legal advice to mitigate risks.Overall, this podcast episode provides valuable insights into the legal considerations that game developers should address, highlighting the potential pitfalls and the importance of legal support throughout the development process.May It Please The Internet is a podcast brought by RevisionLegal.com
The Federal Trade Commission Comes Calling
John Di Giacomo and Eric Misterovich discuss the Federal Trade Commission (FTC) and recent enforcement actions taken by the FTC. They explain that the FTC is a government watchdog that protects consumers from unfair and deceptive acts in business. The FTC has broad regulatory and enforcement authority under Section 5 of the FTC Act, which prohibits unfair methods of competition and unfair and deceptive acts or practices that affect commerce.They highlight that businesses need to be cautious about how they portray their goods or services online and avoid crossing the line into unfair or deceptive practices. The FTC can enforce its rules through strong monetary fines and other measures to shut down businesses engaging in wrongful activities.They discuss examples of recent enforcement actions, including cases related to lead generation services provided by Angie's List and Home Advisor, deceptive claims by TurboTax regarding free tax filing, and review manipulation by Fashion Nova. These cases demonstrate the FTC's efforts to hold businesses accountable for misleading practices.John and Eric emphasize that businesses of all sizes can be targeted by the FTC, and even if a business falls outside the FTC's scope, state-level regulations may still apply. They highlight the importance of compliance and the potential consequences businesses may face if they engage in deceptive acts or false advertising.They also mention that the FTC's enforcement actions can benefit consumers and level the playing field in the marketplace. Despite the perception of toxicity surrounding government actions, they appreciate the role of regulatory bodies in policing deceptive practices and protecting everyone equally.
Liability and Accountability in AI
This podcast episode discusses the law applicable to artificial intelligence (AI), which is increasingly being used in various industries and applications. ChatGPT, a large language model, is introduced as an example of a neural network that can generate text, but sometimes produces false information. Other examples of AI discussed are Dall-E 2, Stable Diffusion, and Midjourney, which can create images from textual descriptions. The podcast also covers the legal frameworks that apply to AI, including intellectual property law, contract law, tort law, and criminal law. The issues surrounding intellectual property protection for AI, liability of AI systems for harm caused, and the current state of regulation of AI in different jurisdictions are also discussed. The importance of understanding the legal landscape surrounding AI is emphasized given its increasing use and potential impact on various aspects of society. May It Please The Internet is a podcast by RevisionLegal.com