Luft Tumlin PLLC

03/27/2026

Matthew McConaughey is seeking a registered trademark for his voice and the phrase “Alright, alright, alright” as a legal strategy to get ahead of AI voice-cloning by using existing federal tools.

“Right of publicity” protection is currently a patchwork of state laws, with different rules, different scopes, and substantial uncertainty around digital replicas and AI-generated outputs. Some states have updated statutes that address deepfakes; others have little or no specific guidance on AI at all.

By framing his voice and catchphrases as trademarks, McConaughey is using federal law to create nationwide protection based on consumer confusion and false endorsement. If an AI clone uses those protected sound marks or phrases in a commercial context that looks like advertising or branded content, he can argue it is misuse of a source identifier, not just unauthorized imitation.

For brands that rely on distinctive voices, signature lines, or recognizable performances—such as podcasts, courses, or recurring ad campaigns—a single tool like copyright is unlikely to address all risks. A more robust approach treats these elements as part of a layered strategy, combining publicity rights, contracts, and, where appropriate, trademark protection for the components that function as identifiers of source in the marketplace.

For a deeper explanation of McConaughey’s approach and its implications for AI, see: https://zurl.co/QovHw.

As artificial intelligence continues to blur the line between authentic and synthetic identity, proactive legal protection has never been more important.

02/14/2026

Don't make assumptions (about privacy, privilege, or otherwise) when using AI. This past week, a ruling from the Southern District of New York held that a defendant's generative AI prompts and outputs about his legal exposure were not protected by attorney-client privilege or work product doctrine. It's important for client to understand that work product protection requires attorney direction — doing it on your own with AI and sharing it with counsel later doesn't count. https://zurl.co/WaOq5

On February 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of...

02/04/2026

We wanted to write to remind our clients and friends with business entities of upcoming requirements.

North Carolina Limited Liability Companies

Limited liability companies must file Annual Reports on or before your company's tax deadline. In most cases, your accountant or CPA is already handling this for you. If not, your Annual Report can be filed with the North Carolina Secretary of State using its online filing system.

Although LLC's, unlike corporations, do not have to hold annual meetings or maintain meeting minutes (unless required by your operating agreement), sometimes it is a good idea to keep a book of meeting minutes/consents to ensure that you are following proper formalities. Failure to follow proper formalities can open you up to potential personal liability for the debts and liabilities of the company.

NOTE: This requirement is similar in most states and does not just apply to North Carolina entities.

North Carolina Corporations

Corporations are required by the North Carolina General Statutes to hold an annual meeting of the shareholders of the corporation. Typically, unless prohibited by your bylaws, a corporation can hold such a “meeting” by written consent in accordance with N.C.G.S. § 55-7-04, a copy of which should be added to your corporate books. The directors may also be required to hold an annual meeting, which can also be held by written consent. Shareholders/owners of companies who do not hold annual meetings or properly keep a corporate book of minutes or written consent actions open themselves up to potential personal liability for the debts and liabilities of the company.

Although your meeting minutes do not have to be filed with the Secretary of State, Annual Reports must be filed on or before your company's tax deadline. In most cases, your accountant or CPA is already handling this for you. If not, your Annual Report can be filed with the North Carolina Secretary of State using its online filing system.

NOTE: This requirement is similar in most states and does not just apply to North Carolina entities.

If you have any questions or need input on your meeting minutes or annual report filings, please feel free to reach out to us.

01/26/2026

I've been giving talks about AI and the law for a couple of years now. One of the issues I've tried to address is a hodgepodge of laws and regulations -- or the lack thereof -- that pertain to AI. This can be a problem for businesses trying to navigate their obligations when launching new AI-related products or services or when using AI for internal purposes.

Executive Order 14365, signed December 11, 2025, is the administration’s first serious push toward addressing that patchwork. Among other things, it:

(1) Directs the DOJ to form an AI Litigation Task Force aimed at challenging certain state AI laws

(2) Pushes federal agencies toward greater national alignment (including through funding and regulatory coordination mechanisms)

(3) Signals support for Congress to pursue a single federal standard

Executive orders don’t automatically override state law. Colorado’s AI Act, California’s evolving disclosure/transparency rules, and other state-level requirements are still in effect today. Expect litigation—and serious pushback from state AGs—before anything changes.

For now, businesses should keep documenting how they are using AI tools—especially in hiring, lending/credit, insurance, healthcare, customer eligibility decisions, or other high-stakes workflows. That work helps with current state compliance and positions companies well if a federal standard eventually emerges.

And if you’re in healthcare, financial services, or another heavily regulated industry, don’t assume federal “one rule” efforts eliminate your obligations—sector-specific rules and enforcement risk will likely remain.

01/22/2026

Can a single color function as a trademark? Under certain conditions, yes. Some of the most valuable brands in the world are recognized, in part, by their distinctive colors. Understanding how color marks work, and their limitations helps businesses both protect their own color branding and avoid infringing others' color rights.

Color marks can never be inherently distinctive—unlike arbitrary word marks that immediately signal source, colors must acquire distinctiveness through extensive use and consumer association. A business cannot claim trademark rights in a color merely by using it; they must prove that consumers actually associate the color with their brand. This typically requires evidence of long use, substantial advertising, survey evidence of consumer perception, and look-for advertising that encourages consumers to identify products by color.

Learn more about when a color becomes a brand identifier at https://zurl.co/64goI

01/12/2026

A few things that catch companies off guard with regard to their trademarks:

(1) Renewal deadlines that slip through the cracks.
(2) Competitor filings that go unmonitored until it's too late to oppose.
(3) Enforcement delays that weaken your ability to stop infringement later.

Trademark neglect isn’t just an oversight: it’s a real financial and operational risk. For mid-sized businesses, rebranding expenses can easily exceed six figures, not to mention lost market share and disruption to customer trust. The risk isn’t abstract: each year, hundreds of U.S. companies lose hard-won market position simply because they failed to monitor, renew, or enforce their marks.

If you haven’t reviewed your trademark strategy lately, consider the consequences. A proactive approach is far less expensive than dealing with fallout after neglect.

01/08/2026

That contract you're about to sign? The indemnification clause buried on page 12 could be the most important paragraph in the entire document.

Indemnification provisions shift financial responsibility from one party to another—and vague language can leave you holding the bag for risks you never intended to accept.

Four things to look for before you sign:
1- Is the trigger clearly defined, or dangerously broad?
2- Who controls the defense if a claim arises?
3- Are there carve-outs that make sense (or that swallow the protection)?
4- Is the obligation mutual, or are you the only one on the hook?

Getting these provisions right can mean the difference between a manageable setback and an existential threat to your business.

Read more here: https://zurl.co/nWlNl

12/31/2025

Another year in the books.

2025 was a busy one — helping clients protect their brands, structure deals, work through business transitions, and handle the countless decisions that come with running a company. It's the kind of work I genuinely enjoy, and I don't take for granted that people trust me with it.

The new year always feels like a good reset: A chance to tackle the things that got pushed aside, think bigger about what's next, and maybe clean up a few loose ends that have been lingering too long (we've all got them).

Whatever 2026 has in store for you and your business, I hope it's a good one.

HAPPY NEW YEAR!

11/24/2025

This Thanksgiving, we're reflecting on what makes every table—and every business—truly special.

At Luft Tumlin, we're incredibly grateful for clients who trust us with their most original ideas. Whether it's safeguarding a game-changing innovation or protecting a family business legacy, we know that authenticity can't be replicated—only celebrated. We are thankful for the creative minds, the risk-takers, and the tradition-keepers who make our work meaningful. Your distinct vision is what sets you apart in the marketplace.

Wishing you a Thanksgiving filled with warmth, laughter, and the people who matter most. May your day be as unique and wonderful as the businesses and brands you've built.

11/21/2025

Did you know that you may already own a trademark: without registering it? If you're using a unique name, logo, or slogan to promote your business, that's a "common law" trademark.

These rights kick in just by being the first to use your brand in commerce. But here's the catch: common law trademarks only protect you locally. It can be tough to enforce your rights outside your geographic area, and national registration offers more muscle. The last thing any business wants is a nasty surprise when expanding or as competitors pop up.

If your brand matters: always consider whether you are already protected or if federal registration makes sense.