May 03, 2024 Will AI-Generated Prior Art Ruin the Patent System? The USPTO Wants to Hear from You. By Jonathan B. Thielbar Earlier this week, the U.S. Patent and Trademark Office (USPTO) issued a request for public comment regarding the impact of artificial...
Apr 30, 2024 Appeals Court Signals Narrowing of Fair Use Doctrine Post-Warhol By Frank D. D'Angelo Copyright attorneys eagerly anticipated the U.S. Supreme Court's fair use opinion in Andy Warhol Foundation for the Visual Arts, Inc. v....
Apr 11, 2024 AI Cannot (Yet) File Your Trademark Applications By Melanie J. Howard The U.S. Patent & Trademark Office (USPTO) has issued new guidance affirming that its existing rules regarding user accounts, access to...
Mar 25, 2024 Tennessee Leads the Charge in Codifying Legislation to Combat AI Misuse By Bess Morgan On Thursday, March 21, Tennessee Governor Bill Lee signed into law a bill amending Tennessee's right of publicity statute, the “Personal...
Nov 28, 2023 Resist the Swiftie Effect: Street Style Photos Are Not Always Fair Game By Melanie J. Howard Brianna Cloud Although street style photos continue to rise in popularity (particularly around major cultural events or movements), when a celebrity is...
Nov 16, 2023 TTAB Reaffirms No Per Se Prohibition Against Trademark Protection for Characters By Bess Morgan Given the creative and financial investment that goes into developing a compelling character, a common ask from brands is whether...
Nov 08, 2023 ChatGPT to Indemnify Business Customers for Copyright Claims By Brian Heidelberger While the announcement wasn't much for details, OpenAI, the provider of ChatGPT recently announced during its OpenAI Development Day,...
Oct 31, 2023 BRBY Bows Out To BARBIE By Melanie J. Howard If you dressed up as Barbie for Halloween this year, you are right on (Google) trend. Barbie was the #1 costume choice, beating out...
Oct 30, 2023 Think About the Ink – What to Consider When Using Tattoo Art By Bess Morgan Tattoos are an ever-present part of the cultural conversation. In the words of the freshly released 1989 (Taylor’s Version), they “never...
Oct 27, 2023 In "exceptional" Trademark Case, CA District Judge Orders Transfer of Infringing Ryder Ripps Smart Contract to Yuga Labs By Melanie J. Howard Amidst findings of willful infringement, slanderous conduct and bad faith intent (supporting an award of over $1.5 million in damages...
Sep 26, 2023 Indemnity Protection from AI Platforms is Coming! By Brian Heidelberger It was interesting to recently hear that Microsoft will pay legal damages on behalf of customers using its artificial intelligence (AI)...
Jul 28, 2023 Can the “Indiana Jones” Movie Use a Product Without the Manufacturer's Permission? By Brian Heidelberger I guess we'll find out. A manufacturer of bags, Frost River, recently sued the maker of the new movie, “Indiana Jones and the Dial of...