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We found 1,364 results for "The Intellectual Property Strategist"...

The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly
October 01, 2023
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.
Federal District Court Denies Copyright to AI-Generated Art Piece
October 01, 2023
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."
Supreme Court to Consider If Lanham Act's Name Trademark Prohibition Violates First Amendment
October 01, 2023
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.
Trade Secret Protection for Consumer-Facing Products
October 01, 2023
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.
Online Extra: AI Copyright — Ethical and Legal Considerations for Marketing and Sales
October 01, 2023
Standing still and waiting to take action wasn't easy, but the patience paid off. Now, I understand some of AI's limitations and ways to leverage it to propel marketing and sales activities.
How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims
September 01, 2023
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.
The Power, Perils and Pitfalls of Lookalikes
September 01, 2023
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.
A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
September 01, 2023
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.
IP News
September 01, 2023
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
A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
August 01, 2023
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.

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    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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