The Intellectual Property Strategist

Features

The U.S. Supreme Court is considering whether the federal Lanham Act should be interpreted so broadly that domestic companies can leverage it to bar trademark infringement by — and seek significant damage awards against — foreign entities operating almost entirely overseas.

Features

The lion's share of attention to copyright-infringement claims against Ed Sheeran over his song of the Year "Thinking Out Loud" recently focused on the trial in New York federal court in which a jury found in Sheeran's favor in the lawsuit brought by the heirs of a co-author of the 1970s soul-song classic "Let's Get It On." But in September 2022, a related infringement suit over the same songs' matching chord progression and harmonic rhythm was allowed to go forward.

Columns & Departments

Federal Circuit Examines the Analogous Art Test Federal Circuit Affirms PTAB's Finding of Prior Invention

Features

A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this "troublesome" area remains to be seen.

Features

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.

Features

In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.

Features

As AI increasingly interpenetrates internet transactions, licensing interest expands. The licensing of internet AI intellectual property is stymied because legal difficulties such as the proper assessment of the jurisdiction for the licensing agreement and the nature of the internet including the proper identification of the parties for the licensing agreement.

Features

In March, the Supreme Court heard a blockbuster trademark case with significant implications for trademark law. After argument, reversal seems likely as questioning from the justices suggests that a long-standing precedent is unlikely to survive unscathed. But the Court also indicated concern over the broader implications of this case in the arts, entertainment, and publishing. Here's what you need to know about Jack Daniel's v. VIP Products.