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Welcome to the LAW FIRM OF DAYREL SEWELL, PLLC. Thank you for visiting the Blog section of this firm. We will be updating this page with information about the firm, recent legal updates, and other legal issues.

How ChatGPT and other generative AI may affect the legal industry

    A Brief Introduction to ChatGPT   “ChatGPT, or similar language models, has the potential to significantly impact the legal industry in various ways”, says ChatGPT when prompted, “how is ChatGPT going to affect the legal industry”. ChatGPT is a machine learning based technology created by OpenAI, an American artificial intelligence (“AI”) research lab aiming to make AI globally user-friendly and accessible.1 Since OpenAI Read More

Posted in Blog | Tagged AI, Ai and Legal Industry, ChatGPT, GPT-4, Industry, legal, OpenAI, privacy, | 1 Comment

The Copyright Implications of AI-Generated Art

Today we are witnessing the rapid advancement of artificial intelligence (AI) technologies which are capable of generating human-like images, audio, and text.1 While many people are excited by these AI technologies, these advancements have also rung the warning bell for many individuals in creative industries who believe that AI technologies are exploiting their work and harming their profession as a whole. This is especially a concern for the art industry   Recently, AI technologies which generate images have become increasingly sophisticated. These AI technologies are programmed to learn how to generate images from scraping publicly accessibl Read More

Posted in Blog | Tagged AI, Animals, copyright, Images, Technologies, trademark, | 0 Comment

Attorney-Client Privilege: Protections and Pitfalls

  Inadvertent disclosure of privileged documents is an issue that periodically arises for lawyers and clients. Recently, Infowar host and founder, Alex Jones’ attorneys had to deal with an inadvertent disclosure to the opposing parties of cellphone records protected by attorney-client privilege during the Sandy Hook massacre defamation case proceeding against him.1 Understanding how to deal with inadvertent disclosure and what remedie Read More

Posted in Blog | Tagged Attorney-client privilege, disclosure, protective order, | 0 Comment

Mechanical Doping: The Running War on Super Shoes

Ever since Pheidippides ran from Marathon to Athens, athletes of all levels have marveled at the pursuit of running a marathon.1 26.2 miles is an incredibly daunting task, and professionals to amateurs alike have learned to respect the distance – the race does not owe anyone anything. The allure of competitive racing is the act of accomplishing something that many others cannot, as well as breaking personal barriers and records. For years, feats in professional distance running saw few advances and many runners were reaching unbreakable plateaus using the same shoes they’ve been wearing for years (with very minor advances in shoe technology). However, in recent years, many big players in sportswear have beg Read More

Posted in Blog | Tagged Mechanical doping, Mechanical doping Shoes, Shoes, Super Shoes, | 3 Comment

NFT-based Trademark Infringements: Trends and Risk Mitigation Strategies

  NFTs and Trademarks: General Overview Interest in blockchain technologies, cryptocurrencies, and particularly non-fungible tokens (NFTs) is steadily increasing. According to Eric Anziani, COO of, "NFTs really started initially with the digital art side. But it's going to be a lot more powerful. It will be the tool that represents any digital type of assets in virtual worlds going forward. So the applications a Read More

Posted in Blog | Tagged lawsuit, NFT Trademark, trademark, | 2 Comment

TransUnion Case Law in Privacy-related Cases: Comment on the Article “Statutory Violations Not Enough to Give Rise to a Cause of Action for Class Actions says U.S. Supreme Court”

  In the recent article "Statutory Violations Not Enough to Give Rise to a Cause of Action for Class Actions says U.S. Supreme Court", we have analyzed the high-profile case TransUnion v. Ramirez and, specifically, the Supreme Court's reasoning on the standard of proving tort damages in class actions.  The full article with a de Read More

Posted in Blog | Tagged Article III standing, class action, concrete harm, privacy, statutory violation, TransUnion, U.S. Supreme Court, | 3 Comment

Statutory Violations Not Enough to Give Rise to a Cause of Action for Class Actions says U.S. Supreme Court

  The Supreme Court’s recent decision in TransUnion v. Ramirez has narrowed Article III standing by making it more difficult for plaintiffs to initiate class action lawsuits against corporate defendants who violate federal statutes.  Here, the Court found that violation of a federal statute alone does n Read More

Posted in Blog | Tagged Article III standing, class actions, class members, concrete harm, corporate defendants, credit reporting, jurisdiction shopping, OFAC Name Screen Alert, TransUnion, | 0 Comment

PepsiCo: Serial Trademark Infringer or Coincidence?

On June 15, 2021, a food startup named Rise Brewing filed suit against PepsiCo in the U.S. District Court for the Northern District of Illinois. The startup has begun to make a name for itself by selling canned cold-brew coffee. Rise Brewing has alleged that the well-known company PepsiCo has infringed on their trademark with their recent launch of a Mountain Dew-branded energy drink called Rise.1   History of Infringement According to Forbes, the notorious food, snack, and soda company, PepsiCo, is valued at an astounding $18.2 billion.2 PepsiCo has had its fair share of trademark infringement cases in the past, where they have been sued by brands such as VitaminWate Read More

Posted in Blog | Tagged brand marking, coffee, energy drink, infringement, intellectual property, IP, lawsuit, PepsiCo, protection, restraining order, reverse confusion, Rise Brewing, settlement, soda, trademark, | 4 Comment

eSports Contracts

The electronic sports industry (“eSports”) has skyrocketed since the early 2000s thanks in part to gaming dominant streaming services like Twitch. It is estimated that the number of US digital gamers will jump by around five percent in 2020 to 174.7 million. 1It is also estimated that eSports will garner an audience of 495 million viewers in 2020 and reach over $1 billion in revenue for the first time ever. 2This unprecedented increase in popularity has given rise to professional gamers, gaming personalities, and content creators (“professional gamers”). With professional gamers being paid from as low as $1,000 a month to as high as $6 million a year, one has to examine how eSports contracts are managed. 3 Read More

Posted in Blog | Tagged eSports contracts, eSports market, professional gamers, | 2 Comment

Copyrighting Tattoos in Sports Video Games: Can LeBron James License His Image?

Tattoos are permanent, often complex, creative, and original pieces of work created by a tattoo artist. Recently, litigation has come up regarding tattoos on famous athletes. While most issues involving tattoos on athletes are more easily handled — such as J.R. Smith’s tattoo of the brand Supreme on his leg1 — there are questions of whether a tattoo is subject to copyright protection when it is prominently displayed and reproduced on a famous athlete in a video game. This question is at the center of a lawsuit filed by Solid Oak Sketches against Take Two Interactive Software as well as two other producers of the popular NBA 2K Read More

Posted in Blog | Tagged athletes, copyright, fair use, intellectual property, LeBron James, Mike Tyson, Tattoos, | 6 Comment