PAUL-ISMS
A contractual concept NB avoids due to past litigation. This “trap” would give vendors the first opportunity for future work before others are considered.
What is a right of first refusal?
This is every in-house lawyer's least favorite marketing term.
What is organic?
Uploading privileged legal advice into an open source AI tool may result in the loss of this protection.
What is legal privilege?
“It was already illegal” is not a valid copyright clearance strategy when using this type of art in advertising?
What is graffiti?
The red sole of Louboutin shoes is protected in some jurisdictions as this type of IP.
What is trade dress (or a color trademark)?
The finance term Paul dislikes the most.
What are footprint sales?
Looking for information on an NB lawsuit? Start here.
What is the Legal Department SharePoint site, specifically the “Litigation Portfolio” list?
This principle requires collecting only the data necessary for a specific purpose.
What is data minimization?
Under a work-for-hire arrangement, this company retains full copyright ownership of every deliverable created by agencies or third parties.
What is New Balance?
This licensing restriction prevents licensees from granting third parties rights to New Balance's IP.
What is non-sublicensable?
A difficult way to keep track of payment because no one monitors the process, yet the business thinks it’s a great deal to pay this way.
What are royalties?
Despite frequent claims to the contrary, work such as "brand storytelling" or "reporting on facts" from this NB department is never treated as editorial by courts or regulators and is instead commercial use.
What is marketing?
This subset of AI enables computers to learn from data and improve their performance over time.
What is machine learning?
Borrowing stock photos, fonts, or music “just this once” without a license for commercial use often leads straight here.
What is a copyright infringement lawsuit?
Losing this key factor destroys trade secret protection globally.
What are reasonable efforts to maintain secrecy?
This type of cap is discouraged by Paul because it fluctuates over time.
What is a floating cap?
This contract clause ensures the endorser (athlete/celebrity) does not promote a competitor.
What is an exclusivity clause?
The phenomenon where an AI model confidently generates false information, presenting it as fact.
What is a hallucination? Any AI-generated content should be meticulously reviewed and edited before it is utilized by an attorney. In other words, close the human loop.
In many countries, these rights protect an author’s reputation and attribution.
What are moral rights?
This international treaty allows applicants to file one patent application to seek protection in multiple countries.
What is the Patent Cooperation Treaty (PCT)?
The term used in a contract that Paul dislikes the most.
What is partner?
This platform must be used by all attorneys to draft documents, share and track versions efficiently.
What is iManage?
This agreement defines the roles, responsibilities, and safeguards when one party processes personal data on behalf of another under laws like GDPR.
What is a Data Processing Agreement (DPA)?
This search helps New Balance to identify potential conflicts before adopting new footwear names, logos or slogans.
What is a trademark clearance search?
This famous trade secret has reportedly been protected for over 100 years and stored in a vault.
What is the Coca-Cola formula?