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The Intellectual Property Strategist

September 2025
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Features

AI Against Counterfeits: How Smart Technology Is Reshaping Brand Protection and Platform Accountability Image

AI Against Counterfeits: How Smart Technology Is Reshaping Brand Protection and Platform Accountability

Allyson Madrid

As AI becomes more sophisticated at detecting fakes, it is not just changing how brands protect themselves — it has the potential to change the legal framework for determining when platforms themselves might be held responsible for the counterfeits sold on their sites.

Features

When Patent Prosecution Becomes Something More Image

When Patent Prosecution Becomes Something More

Ryan Ward

Most days, preparing and prosecuting patent applications follows a familiar rhythm. Talk with the inventors. Draft the application. Wait for the Patent Office. Argue a few times. Secure the patent. Repeat. But every so often, a case reminds us that our work can mean much more — especially when something has gone wrong, and someone needs an advocate to make it right.

Features

Post-SCOTUS District Court Ruling In Jack Daniel’s v. VIP Products Reshapes Trademark Dilution Jurisprudence Image

Post-SCOTUS District Court Ruling In Jack Daniel’s v. VIP Products Reshapes Trademark Dilution Jurisprudence

Benjamin West Janke & Edward Lanquist

For companies developing novelty products, advertising campaigns, or brand-related parodies, this case underscores the importance of reviewing both confusion and reputational risks. For rights holders, it affirms that parody is not a license to defame a brand.

Features

Hidden Details of AI Training Data Set Creates Dilemma for Copyright Holders’ Infringement Claims Image

Hidden Details of AI Training Data Set Creates Dilemma for Copyright Holders’ Infringement Claims

Michelle Morgante

How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That’s a dilemma that surfaced in late August when a federal judge dismissed a claim of direct infringement raised by a group of authors.

District Judge Has Had Enough of Schedule A Infringement Litigation Tactic Image

District Judge Has Had Enough of Schedule A Infringement Litigation Tactic

Alex Anteau

After putting a months-long pause on all of his active Schedule A cases, Judge John Kness in the U.S. District Court for the Northern District of Illinois issued a scathing opinion calling out the practice and urging his fellow jurists to reassess their approach to the litigation strategy.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Collin Y. Hong

Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST MarksFederal Circuit: No Jurisdiction Where Petitioner Offers a Non-Patent Law Related Ground for Relief

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