In a win for trademark holders, the U.S. Supreme Court offered a narrow ruling in the dispute involving "dog toys and whiskey."
July 01, 2023Brad Kutner
The Internet is still standing, but the Supreme Court's reasoning in the Gonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court "saved" the Internet from itself, and the Court needed both cases to do so.
July 01, 2023Erick FranklundThe 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.
July 01, 2023Lauren Gregory LeipoldThe 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.
July 01, 2023Stan SoocherFederal Circuit Examines the Analogous Art Test Federal Circuit Affirms PTAB's Finding of Prior Invention
July 01, 2023Jeff Ginsberg and J. Jay ChoThe lion's share of attention to copyright-infringement claims against Ed Sheeran over his 2016 Grammy-winning Song of the Year "Thinking Out Loud" recently focused on the trial in New York federal court. But in September 2022, a related infringement suit over the same songs' matching chord progression and harmonic rhythm was allowed to proceed.
June 01, 2023Stan SoocherAs we wait to see if Congress does indeed adopt a preemptive federal standard on NIL, the question becomes: What do business owners, interested investors and attorneys need to know prior to signing a college athlete to a NIL contract under the current landscape?
June 01, 2023Phil PetrinaIP experts weigh in on a case involving AI-created images based on an original work. The outcome of the case may have a significant impact on AI development and generative art.
June 01, 2023Isha MaratheA 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.
June 01, 2023Jonathan MoskinIn recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For importers of products potentially implicated by a requested GEO, the GEO can be a major threat even if the importer is not a respondent in the case.
June 01, 2023Daniel Muino, Brian Busey and Nomin-Erdene Jagdagdorj
