This Week: Brain Fog Lifting, a Christmas-Sized Order Glut, and a Trademark Letter
The brain fog lifted today. First proper day since the Covid week where my head feels like mine again, and I’m absurdly, almost embarrassingly full of energy. Ready to conquer the world. Again.
Turns out the rest of the industry didn’t wait for me to recover. This week landed like Christmas came early, a glut of urgent orders, all wanted shipped yesterday. Squishies and the dumpling squishy leading the charge. Somebody, somewhere, just discovered stock is thin for the fourth quarter.
Also landed this week: a letter from a French lawyer claiming trademark rights over three Brain Rot characters, one apparently granted a couple of months ago, two still pending, and a compensation demand attached. If you’ve had the same letter, I would genuinely like to compare notes.
Worth correcting something I believed myself before checking. The common assumption is that AI generated characters can’t be trademarked without proving human input, prompts and all. That’s a copyright rule, not a trademark one. Copyright needs a human author, which is why pure AI output struggles there. Trademark is a different test entirely, it protects a name or character as a source identifier used in commerce, and there’s no requirement to prove who or what drew it. That gap is exactly what’s being fought out in the Mementum Lab case in the US right now, a French company asserting trademark and licensing rights over Tung Tung Tung Sahur and other brainrot characters, with a hearing due on 16 September. Worth watching, and worth getting proper legal advice on the specifics of any letter like this rather than leaning on assumptions, mine included.
Nuremberg is confirmed. My booth is booked, and so, it seems, is every booth building company on the planet. I’m at seven unsolicited pitches and counting, all arrived within days of the confirmation email. News travels fast in this business, mostly to inboxes.
Small price for visibility: I registered on the LA preview site, which should bring more buyers to the booth. It has also apparently opened a beacon for marketing agencies, production companies and Chinese suppliers, all of whom now have my email address. My inbox, already on its knees, sends its regards.
Sources on the trademark point, for anyone who wants to check it themselves:
Who owns brainrot? – Law Society Journal https://lsj.com.au/articles/who-owns-brainrot/
Tung Tung Sahur’s federal “custody battle” – Dexerto https://www.dexerto.com/roblox/tung-tung-sahur-is-at-the-center-of-a-bizarre-federal-custody-battle-over-brainrot-characters-3381733/
Brainrot and the registration of AI-generated trademarks – Elzaburu https://elzaburu.com/en/registar-marca-generada-ia-brainrot-retos-legales/
Court filings for the first “Brainrot lawsuit” – Uniladtech https://www.uniladtech.com/news/ai/steal-a-brainrot-lawsuit-ai-generated-roblox-242885-20260630
The battle over Tung Tung Tung Sahur – GamesBeat https://gamesbeat.com/the-battle-over-tung-tung-tung-sahur-is-testing-the-limits-of-copyright-and-trademark-law/