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WEBINAR: AI & Intellectual Property Image

WEBINAR: AI & Intellectual Property

Entertainment Law & Finance Staff

Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.

Features

Federal District Court Denies Copyright to Visual Art Piece Generated Solely By Artificial Intelligence Image

Federal District Court Denies Copyright to Visual Art Piece Generated Solely By Artificial Intelligence

Richard L. Hathaway

In August, the U.S. District Court of the District of Columbia affirmed the U.S. Copyright Office's denial of a copyright application for a visual piece of art generated entirely by an artificial intelligence-driven computer called the "Creativity Machine." 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."

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Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective Image

Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective

Xuechen (Rebecca) Ding & Aseet Patel

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 discusses strategies to diversify patent portfolios to maximize protection on AI-related technology.

Features

The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly Image

The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly

Christopher P. Bussert

This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.

Features

Trade Secret Protection for Consumer-Facing Products Image

Trade Secret Protection for Consumer-Facing Products

Stephen M. Kramarsky & John Millson

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 Image

How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims

Howard Shire & Sean McConnell

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 Image

The Power, Perils and Pitfalls of Lookalikes

Steven James & Hattie Chessher

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 Image

A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions

Amir Kashani, Xuechen (Rebecca) Ding & Aseet Patel

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.

Features

The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools Image

The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools

Edward D. Lanquist & Dominic Rota

The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics." Many, however, downplay how the Supreme Court's decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.

Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Joyce L. Nadipuram

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

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