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Intellectual Property Blog

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Photo of Intellectual Property Blog Mari-Elise Paul
Chair, Intellectual Property Practice Group; Member
mpaul@mcbrayerfirm.com
502.588.1821
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Mari-Elise Paul is a Member of McBrayer PLLC and Chair of the firm's Intellectual Property Practice Group. With nearly a decade and a half of experience, she assists clients with every …

Showing 4 posts by Mari-Elise Paul.

Opening the Door to Maximum Brand Value in a Post-House World

An athlete’s name, image, and likeness (“NIL”) are part of his or her brand. An athlete’s name, image, and likeness are all valuable assets. Professional athletes often protect their NIL, and now, as a result of the House v. NCAA settlement, student athletes can do the same.   More >

From Barrel to Brand: When Legal Strategy Fuels Growth

Most distilleries think about law in terms of compliance.
Permits. Labels. Distribution. Avoiding risk. 

But when legal strategy becomes part of the business strategy, something powerful happens.

Instead of asking, “How do we stay out of trouble?”
The better question becomes: What becomes possible? 

Thinking of a strong legal strategy as a key ingredient to a winning recipe helps distilleries optimize intellectual property. When intellectual property counsel can work closely with a business from the start, counsel is able to learn more about the business and its goals. This collaboration can result in the  development of stronger, more enforceable marks, clear trademark and copyright portfolios, and robust intellectual property agreements protecting those intellectual property assets. 

Early collaboration between intellectual property counsel and business helps guide the business’s decision-making process in a way that is legally sound, reducing risk and increasing momentum for brand expansion. This may mean ensuring that client’s own all the intellectual property in work for hire agreements, crafting policies to protect company brands, and formulating terms and conditions governing the use of company marks or even website terms and conditions of use. Working closely with intellectual property counsel ensures that as your bourbon ages to perfection, so does your IP. More >

How the Government Shutdown Impacts Intellectual Property Owners

Posted In Copyright, Trademark

It has been a week since the United States government shut down. With no agreement between Congress on a funding bill for fiscal year 2026, the United States government ceased its non-essential operations at 12:01 am on October 1, 2025. More >

Can AI-Generated Work Be Copyrighted? New Guidance from the Copyright Office Provides Clarity

Posted In AI, Copyright

In January 2025, the Copyright Office released Part 2 of its regulatory guidelines on copyright protection and artificial intelligence (AI). Part 1 of the report, which addressed the legal and policy issues related to AI and copyright, was released on July 21, 2024. Part 2, titled "Copyrightability," focused on the statutory requirement that a work must be created by "human authorship" and examined whether this requirement is met when works contain elements generated by AI. More >

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