Intellectual Property Legal Services

Brad Swezey

New York’s Synthetic Performer Disclosure Law: New Compliance Obligations for AI-Driven Advertising

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Artificial intelligence has dramatically changed advertising by allowing advertisers to create realistic digital people, voices, and performances without using traditional actors or models.  Effective June 9, 2026, New York General Business Law § 396-b imposes new disclosure obligations on businesses that use “synthetic performers” in commercial advertising.  What Is a Synthetic Performer? (And Why it … Read more

Documents Generated by Artificial Intelligence Found Not To Be Privileged

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In United States v. Heppner, No. 1:25-cr-00503 (S.D.N.Y.), Judge Jed S. Rakoff ruled from the bench that documents prepared by a criminal defendant using a commercial AI platform are not protected by the attorney-client privilege or work product doctrine, even though the defendant shared those materials with his attorneys. The decision represents one of the … Read more

Non-Traditional Trademark Registrations in the United States: From Celebrity Voices to Scents, Sounds, and Colors

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Trademark law in the United States has long protected words, logos, and slogans that identify the source of goods and services. Increasingly, however, brand owners—and now celebrities—are turning to non-traditional trademarks to protect distinctive elements that fall outside conventional word and design marks. These developments are occurring against a backdrop of rapid technological change, including … Read more

New York Expands Right of Publicity Protections for Deceased Individuals

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State law, either by statute or common law, generally recognizes a right of privacy that prohibits the unauthorized commercial use of an individual’s name, image, or likeness (“NIL”). This right of privacy, however, is often limited or unavailable with respect to public figures, including well-known personalities, celebrities, and political figures, particularly where the use implicates … Read more

Why Early Action Wins in Intellectual Property

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INTRODUCTION Nearly fifteen years ago, we highlighted a core principle of intellectual property protection: delay is the enemy of rights. That message remains true today. In Intellectual Property matters, delay is often the costliest mistake a business can make. Filing early, documenting early, responding early, and contracting early all dramatically increase the chances of securing … Read more

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