Columns & Departments
IP News
Proving Damages for Trademark Infringement In the Eleventh Circuit
Features

Handling IP Ownership Issues In Remote Work
Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.
Features

New York Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff
Perhaps no other area in the technology sector — save perhaps the recent explosion of generative AI models — has raised as many thorny intellectual property issues as the proliferation of Non-Fungible Tokens, or NFTs. Leading the charge have been cases addressing whether NFT makers who utilize other parties' trademarks can turn to the First Amendment as a defense to trademark infringement.
Features

How to Diversify the Pool of Inventors — and Improve Innovation
Efforts to diversify the inventive population will not only foster innovation across a wide range of businesses and industries but will also help greatly expand the pool of inventors across racial, gender and ethnic categories, and the country as a whole will realize numerous benefits.
Features

Music Rates and Royalties In 2023
Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
Columns & Departments
IP News
Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute
Columns & Departments
Podcast: Crypto's Rocky IP Future
Listen in on a post-webinar chat on "The Crypto Landscape: Post-FTX," with Blockchain Legal LLP partner Aaron Krowne and counsel Ali Derie, along with veteran entertainment industry lawyer Eric S. Goldman, about cryptocurrency's rocky recent past (and present) as well as its still-promising, if uncertain, future.
Features

Impersonation on Social Media: The Increasing Challenges of Verification
The recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms' verification and authentication processes.
Features

The Difference Between 'Covenant' and 'Condition Precedent' In Song Licensing Agreements
A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.
Features

Fair Use of Embedded Content on Social Media
The change in character of social media, from purely social communication to a mixture of the social and commercial, has had knock-on effects for courts applying traditional legal principles, notably, the application of copyright law.
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