RoundTable Legal: Law Offices of Corey Kilburn

06/05/2026

We’ve discussed before the importance of visual artist rights here locally and now a “whale” of a legal issue just surfaced in Dallas.

Artist Robert Wyland has filed suit (seeking $25 Million in damages) after his long-standing Dallas whale mural was painted over ahead of World Cup-related promotion. (He was never notified) The lawsuit claims the mural was protected under the Visual Artists Rights Act, better known as VARA.

Here’s the legal piece people often miss:
Just because you own the building does not automatically mean you can destroy the artwork on it.
VARA gives certain visual artists limited “moral rights” in their work. That can include the right to prevent destruction or mutilation of a work of recognized stature, even when the artist does not own the physical property where the art lives.

That does not mean every mural is protected forever. It does mean that public art, especially significant public art, deserves more than an assumption and a fresh coat of paint.

For cities, developers, brands, and event organizers, the lesson is simple:
Before you paint over public art, ask:�Was there a written agreement?�Was there a VARA waiver?�Who owns the copyright?�Who owns the wall?�Is the work removable?�Has the artist been given proper notice?�Is this artwork of recognized stature?

Because public art is not just background scenery for the next campaign. It can be protected creative expression, community identity, and in some cases, a federal lawsuit waiting to happen.

Creative Counsel note: the safest time to talk about artist rights is before the mural goes up, not after it gets painted over.

Wyland hand-painted “Ocean Life” in 1999 as part of an environmental mural series involving pieces in landlocked cities around the world.

06/03/2026

Anything Goes will embark at Springfield Little Theatre next week! You still have a few days left to comment on the original post for a chance to receive tickets to the preview night performance on June 11th! 🚢⚓️

Anything Goes is about to set sail at Springfield Little Theatre, and we want you to have a spot aboard the S.S. American for the preview night on June 11th!

For your chance to receive preview night tickets:
Tap that 💜 button and be sure to follow and
Comment below: If you could take a ship to anywhere in the world, where would you go?
For bonus entrees, share this post, and/or tag a friend you’d want to embark on this journey with! ⛴

Several folks will be randomly selected, and we will DM you with all the details. We hope to see you at sea at Springfield Little Theatre! 🌊

06/03/2026

For years, Pattie Gonia’s name has been a tongue-in-cheek play on an outdoor industry icon. Now, that joke has become the center of a courtroom showdown over trademarks, identity, apparel, activism, and brand protection.

Pattie Gonia is a drag queen and environmental activist who gained national attention by raising over one million dollars while hiking 100 miles in full drag along the California coast. She is also the founder of the Outdoorist Oath, a nonprofit dedicated to increasing diversity and inclusion in the environmental movement.

Patagonia, however, argues that Pattie Gonia’s name, merchandise, logo use, and trademark application (Word Mark) are too similar to its own protected brand identity. Pattie Gonia has pushed back, in part relying on the idea that the name is parody. In trademark law, parody can be a defense to infringement, but it is not a magic word and typically can’t be used in filing for registration. The question often becomes whether consumers understand the use as commentary, humor, or critique, or whether they may believe there is an actual connection, sponsorship, or approval from the original brand.

According to reports, Patagonia representatives met with Pattie Gonia in 2022, and the parties reached an understanding that Pattie would avoid certain fonts and designs that mimicked Patagonia’s branding. In 2025, however, Pattie Gonia began selling “Pattie Gonia” labeled apparel online and filed to trademark the name for clothing and marketing purposes. Patagonia is seeking a civil resolution, including withdrawal of the trademark applications, discontinued use of a mountain range-style logo, and an end to the sale of “Pattie Gonia” branded apparel.

Pattie Gonia, on the other hand, has framed the lawsuit as an attempt to silence an activist and threaten her livelihood, pointing to the broader cultural and political climate surrounding LGBTQ+ rights and activism.

As Patagonia and Pattie Gonia prepare for what could become a lengthy legal battle, the trail ahead remains uncertain. What started as a clever pun now sits at the intersection of intellectual property, public identity, cultural politics, parody, and consumer confusion.

And this is exactly why it matters to have someone in your corner who understands both the legal landscape and the creative/business realities behind a brand. Trademark issues are rarely just about a name. They are about timing, use, registration strategy, public perception, enforcement risk, and knowing when a joke, homage, or parody crosses into legally risky territory.

So, what do you think? Is Pattie Gonia protected parody, or is Patagonia right to be concerned about likelihood of confusion?

05/29/2026

Anything Goes is about to set sail at Springfield Little Theatre, and we want you to have a spot aboard the S.S. American for the preview night on June 11th!

For your chance to receive preview night tickets:
Tap that 💜 button and be sure to follow and
Comment below: If you could take a ship to anywhere in the world, where would you go?
For bonus entrees, share this post, and/or tag a friend you’d want to embark on this journey with! ⛴

Several folks will be randomly selected, and we will DM you with all the details. We hope to see you at sea at Springfield Little Theatre! 🌊

05/15/2026

We are so grateful for our clients and community who make what we do possible! Thank you so much for choosing us to be on your team as your .

If you're a creative, artist, business owner, or someone wondering where to begin, feel free to pull up a seat at our RoundTable. We're always happy to help. 💜

05/14/2026

True Story. She chose violence. No further questions… I’ll be filing for emotional damages. .esq

05/02/2026

The Academy just said the quiet part out loud: acting and writing are not synthetic categories. No AI allowed.

Under the newest Oscar rule changes, AI-generated performances and AI-generated screenplays will not be eligible in the acting and screenwriting categories.
That matters.
Because this is not just about technology. It is about authorship. Consent. Credit. Labor. Craft.

A performance is not just a face moving on screen. It is breath, instinct, vulnerability, timing, lived experience, and choice.

A screenplay is not just words arranged in a passable structure. It is voice, perspective, rhythm, subtext, humanity, and intention.

AI may continue to exist around the edges of production. But when it comes to the categories built on human expression, the Academy is making clear that the work has to come from a human artist.

And frankly, that line needed to be drawn.
Because if we are going to celebrate the highest achievements in acting and writing, then the achievement should belong to the actor and the writer.

Not a prompt.
Not a synthetic performer.
Not a machine-generated approximation of someone else’s craft.

The future of entertainment may involve new tools, but the heart of the work still has to beat. 💜

04/25/2026

POV: Friday. No end in sight. Running on vibes.
Marketing: “one more TikTok”
Me: it was not just “one”

04/20/2026

Springfield isn’t just along U.S. Route 66… it helped define it.

As we celebrate the 100th anniversary of the Mother Road, I am proud to be part of securing the design mark for ‘Birthplace of Route 66’ - a phrase and visual identity that carry history, culture, and real economic impact for this city.

Because this isn’t just about words.
And it’s not just about a logo.
It’s about ownership.
It’s about protecting legacy.

It’s about making sure that when the world celebrates Route 66, they know exactly where that story begins.
Let’s be clear…
If you don’t protect it, you don’t own it.
And if you don’t own it, someone else will use it like they do.

Most people see the final mark.
They don’t see the strategy behind it.
Clearance.
Positioning.
Scope of protection.
Making sure it actually holds up when it matters.
That’s where I come in.

Trademark work isn’t just filing paperwork; it’s building a legal foundation around identity.
Because legacy without protection?
That’s just something waiting to be taken.

This is what it looks like when law meets community, history, and purpose.

Don’t hesitate to Contact and about protecting your legacy and securing your brand identity. 💜

04/17/2026

When you need an answer but the lawyer boss is… otherwise engaged in Sweater Negotiations. 💜⚖️