Features
Federal District Court Denies Copyright to AI-Generated Art Piece
Recognizing that U.S. "copyright law protects only works of human creation," the court determined that the Copyright Office "acted properly in denying copyright registration for a work created absent any human involvement."
Features
Supreme Court to Consider If Lanham Act's Name Trademark Prohibition Violates First Amendment
This case has important implications not only for trademark registrations, but also potentially in determining collisions between trademark rights, rights of publicity, and freedom of speech considerations in future cases.
Features
Trade Secret Protection for Consumer-Facing Products
Intellectual property laws, including copyright, patent, trademark and trade secret laws can provide avenues for companies to protect their IP. But it's not always clear what assets are protectable and what are not.
Features
How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims
On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.
Features
The Power, Perils and Pitfalls of Lookalikes
In April 2021, a food fight broke out between two of the UK's largest supermarkets. Marks and Spencer launched legal action against Aldi over the latter's alleged copy of its signature "Colin the Caterpillar" cake. This article takes a look at the issues surrounding lookalikes, what the English courts have said about them and what can be done by brand owners to protect against the risks they present.
Features
A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective Part Two of a Two-Part Article In Part One of this article we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM's patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we analyze the claims made in the Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
Columns & Departments
IP News
Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response
Features
A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
Takeaways from 'IBM v. Zillow' from A Patent Drafting Perspective Part One of a Two-Part Article This two-part article sheds light on several important aspects of patents on AI technology. In Part One, we provide a general overview of the IBM v. Zillow lawsuit and discuss strategies to diversify patent portfolios to maximize protection on AI-related technology.
Features
The Intersection of Generative AI and Copyright Law
Whether prompted to write a corporate slogan, create music, generate works of art and advertisements, or summarize a book — GAI can do it all. However, its increasing popularity means that users of GAI programs face substantial intellectual property risks — particularly when businesses use GAI for marketing and other public-facing purposes.
Features
Trade Secrets Management In Taiwan
Recognizing the value of trade secrets, many countries have successively enacted and amended laws to strengthen the protection of corporate trade secrets.
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