The First Amendment and the Lanham Act At the Supreme Court
May 01, 2023
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.
ChatGPT, Generative AI and IP Considerations
May 01, 2023
Part Two of a Two-Part Article
Part One of this article briefly detailed what "generative AI" tools like ChatGPT are and provided an overview of key legal considerations. Part Two looks at upcoming AI-specific legislation and the path forward for firms wanting to use AI in practice.
Music Rates and Royalties In 2023
May 01, 2023
Part Two of a Two-Part Article
Part One of this article discussed mechanical licenses and interactive streaming services. Part Two covers songwriters and music publishers, and record labels.
IP News
May 01, 2023
Federal Circuit Affirms the Board's Finding of Anticipation Because Prior Art Patent and References Incorporated Therein Inherently Meet the Disputed Claim Limitations
Federal Circuit Affirms a Finding of Infringement Because the District Court Correctly Construed "a" and "said" and Rejects Anticipation Argument on Waiver Grounds
Federal Circuit Vacates Judgment of Non-Infringement Because the Underlying Stipulation Failed to Provide Sufficient Detail for the Court to Resolve Certain Claim Construction Issues
ChatGPT, Generative AI and IP
April 01, 2023
Part One of a Two-Part Article
Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar AI-powered tools in their operations. These requests can be urgent, with business clients demanding enablement from legal. This article is in two parts: Part One briefly details what "generative AI" tools like ChatGPT are and provides an overview of key legal and IP considerations, including by looking forward to upcoming AI-specific legislation in the EU and the U.S.
Authorship and Copyright In Hybrid AI-Human Collaborative Works
April 01, 2023
The United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial process
Innovative Uses and IP Considerations of 3D Printing
April 01, 2023
Companies involved in 3D printing must be cognizant of the patent rights obtained by their competitors in this space and must be proactive in identifying and securing their own patent rights to effectively compete in this continually developing field.
IP News
April 01, 2023
Proving Damages for Trademark Infringement In the Eleventh Circuit
New York Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff
March 01, 2023
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.
How to Diversify the Pool of Inventors — and Improve Innovation
March 01, 2023
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.
