Mustangs, Midjourney, and Minions—Oh My!
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Welcome to Episode 181 of Entertainment Law Update! In this jam-packed episode, Gordon Firemark and Tamera Bennett break down the latest legal developments in entertainment, media, and IP law. From procedural shifts at the USPTO to landmark copyright rulings and AI lawsuits, we’ve got a lot to cover. Dive in below for episode highlights and source links
🔐 TEAS Forms Security Update: Change of Attorney Gets Tricky
On May 15, 2025, the USPTO implemented new security protocols for certain TEAS forms, particularly the Change of Attorney and Correspondence. Now, users may need additional authorization to proceed. The Trademark community is troubled by this, pointing out that the new requirements add potential friction when prior counsel is unavailable or adversarial, and can lead to unnecessary delays and missed deadlines.
🔗 USPTO Bulletin
📚 CPRS Replaces Online Public Catalog at Copyright Office
The U.S. Copyright Office has officially replaced the Online Public Catalog with the Copyright Public Records System (CPRS). CPRS features improved search functionality, historical data from 1898–1945, and is part of the larger ECS modernization effort.
🔗 CPRS Search Portal
🔗 NewsNet 1071 Announcement
🚗 “Eleanor” Mustang Isn’t a Character: Ninth Circuit Rules
In Carroll Shelby Licensing, Inc. v. Halicki, the Ninth Circuit ruled that “Eleanor,” the stylized Mustang from the Gone in 60 Seconds films, doesn’t meet the standard for copyright protection as a fictional character. It also ruled Shelby didn’t breach a prior settlement, and reversed the denial of declaratory relief.
🔗 Read the Opinion
⚾️ Chicago Cubs Sue Rooftop Neighbors Over IP Use
The Cubs are suing Wrigley View Rooftop (post-license expiration) for trademark infringement, false advertising, and unfair competition. The case centers on unauthorized claims of “official partner” status and ticket sales with Cubs branding. So far, procedural efforts to compel arbitration have failed.
🔗 Case Summary via JD Supra
📷 Sad Beige Lawsuit Settles: Influencer “Vibe” Infringement Ends Quietly
In Gifford v. Sheil, a lawsuit between two influencers alleging copyright infringement, trade dress violation, and unfair competition over social media aesthetics has ended in a confidential settlement.
🔗 YouTube News Recap
🔗 Court Docket
🔗 Fashion Law Summary
📖 Libraries Can Remove Books as “Government Speech,” Says Fifth Circuit
In Little v. Llano County, the Fifth Circuit ruled public libraries are exercising government speech and may remove books based on viewpoint without violating the First Amendment. The decision directly conflicts with the Eighth Circuit, setting up a possible Supreme Court review.
🔗 KXAN Coverage
🔗 Opinion PDF
🔗 Publisher’s Weekly Article
🔗 Cornell Legal Reference on Government Speech
🤖 Disney and Universal Sue Midjourney Over AI-Generated IP
In a major strike against generative AI, Disney and Universal filed a 110-page complaint against Midjourney, citing infringement of iconic characters like Baby Yoda and the Minions. The complaint includes side-by-side visual comparisons and claims Midjourney knowingly enables infringement.
🔗 Complaint PDF
🔗 WDWNT Article
🔗 Variety Coverage
🔗 Hollywood Reporter
🔗 Copyright Lately Legal Analysis
📘 Anthropic Wins Partial Victory in AI Copyright Suit
In Bartz v. Anthropic, the court held that training AI models on lawfully obtained books qualifies as fair use, but reserved trial on whether the company’s “central library” sourced from pirated materials violated copyright.
🔗 Reuters Summary
🔗 Wired Coverage
🔗 Decision PDF
🎵 Music Giants in Talks with AI Music Startups
Universal, Warner, and Sony are negotiating with AI music platforms Suno and Udio, aiming to secure licensing fees and possibly equity stakes. These talks follow ongoing lawsuits over unauthorized use of copyrighted music in training AI models.
🔗 Music Business Worldwide Report
🎶 Supreme Court Declines to Hear Ed Sheeran Copyright Case
The U.S. Supreme Court declined to hear Structured Asset Sales v. Ed Sheeran, putting an end to claims that Sheeran’s “Thinking Out Loud” infringed on Marvin Gaye’s “Let’s Get It On.” But a separate lawsuit regarding the sound recording remains on hold.
🔗 Kip Currier Blog Post
🔗 Reuters Article
💡 That’s a Wrap for Episode 181!
To hear our full commentary, case analysis, and a few laughs along the way, listen now wherever you get your podcasts or stream at https://entertainmentlawupdate.com.
🎙️ Hosted by
Gordon Firemark – ThePodcastLawyer.com
Tamera Bennett – CreateProtect.com
Be sure to subscribe, rate, and review on your favorite podcast platform. Questions or comments? Hit us up through the website!