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Trademarks involving words or elements common in an industry are generally the most challenging trademarks to protect and enforce. This can be especially true in the fashion industry, where common features such as colors, designs, style, and patterns often play a crucial role in conveying brand identity and exclusivity. While combinations of these kinds of common elements may be capable of serving as trademarks, such trademarks can be challenging to register and to protect because the owner must show more to establish their distinctiveness. Even then, such marks are entitled to a narrower ambit of protection against marks made up of even quite similar elements. The dispute between fashion powerhouses Adidas and Thom Browne over stripe designs reveals the intricacies of brand protection and the scope of trademarks based on common elements especially within the fashion world.
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By Reid Knabe and Bita Rahebi
This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.
Emerging Legal Terrain: IP Risks from AI’s Role In Drug Discovery
By Fredrick Tsang, Antonia Sequeira and Carl Morales
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
LLM Customization With A Path to Human Inventorship and Patent Rights
By Jim Soong
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Is It Possible to Reconcile the Two Sides In the AI Copyright Debate?
By Maria Dinzeo
The points and counterpoints brought up by experts at a Stanford Law conference provide insight on the future relationship between AI and copyright creators.
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