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The Intellectual Property Strategist

Features

When It Comes to Trademark Searches, AI Misses the Mark Image

When It Comes to Trademark Searches, AI Misses the Mark

Paula Hopkins & Andrew Price

Artificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.

Features

Finding the Balance Between Protecting Trade Secrets and Public Safety Disclosures Image

Finding the Balance Between Protecting Trade Secrets and Public Safety Disclosures

Payam Ahmadi

This article discusses the current landscape for trade secrets as they relate to autonomous vehicles, and examines the competing objectives of requiring disclosure of internal information for public safety demands versus vehicle companies protecting their confidential information as trade secrets.

Features

When the Bunny Fights the Copper Top: How Iconic Battery Brands Try to Manufacture Difference In a Commodity Category Image

When the Bunny Fights the Copper Top: How Iconic Battery Brands Try to Manufacture Difference In a Commodity Category

Allen Adamson

When Duracell filed suit against Energizer alleging that Energizer falsely claimed its “Energizer MAX lasts 10% longer than Duracell Power Boost,” the case seemed like just another round in the long-running rivalry between the Copper Top and the Energizer Bunny. But the lawsuit demonstrates that even the strongest brands in parity categories struggle to remain meaningfully different when the underlying technology is essentially the same.

Features

Ninth Circuit Indicates Willingness to Change Substantial Similarity Test for Copyright Infringement Image

Ninth Circuit Indicates Willingness to Change Substantial Similarity Test for Copyright Infringement

Catherine Nyarady & Crystal Parker

The United States Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement.

Features

No Copyright for AI Artwork Without Human Involvement, Copyright Office Says to Supreme Court Image

No Copyright for AI Artwork Without Human Involvement, Copyright Office Says to Supreme Court

Jimmy Hoover

Artwork created entirely by artificial intelligence without any human involvement does not qualify for copyright protection, lawyers for the U.S. Copyright Office told the U.S. Supreme Court in a filing in in late January.

Features

More Class Actions Filed Against AI Companies for Copyright Infringement Image

More Class Actions Filed Against AI Companies for Copyright Infringement

Kat Black

A raft of Big Tech and artificial intelligence companies have been hit with class actions in California federal court for allegedly using pirated copyrighted books and YouTube videos to train their AI models without the authors’ and creators’ permission.

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