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We found 1,281 results for "The Intellectual Property Strategist"...

IP News
August 31, 2025
Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST MarksFederal Circuit: No Jurisdiction Where Petitioner Offers a Non-Patent Law Related Ground for Relief
Hidden Details of AI Training Data Set Creates Dilemma for Copyright Holders’ Infringement Claims
August 31, 2025
How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That’s a dilemma that surfaced in late August when a federal judge dismissed a claim of direct infringement raised by a group of authors.
District Judge Has Had Enough of Schedule A Infringement Litigation Tactic
August 31, 2025
After putting a months-long pause on all of his active Schedule A cases, Judge John Kness in the U.S. District Court for the Northern District of Illinois issued a scathing opinion calling out the practice and urging his fellow jurists to reassess their approach to the litigation strategy.
Post-SCOTUS District Court Ruling In Jack Daniel’s v. VIP Products Reshapes Trademark Dilution Jurisprudence
August 31, 2025
For companies developing novelty products, advertising campaigns, or brand-related parodies, this case underscores the importance of reviewing both confusion and reputational risks. For rights holders, it affirms that parody is not a license to defame a brand.
AI Against Counterfeits: How Smart Technology Is Reshaping Brand Protection and Platform Accountability
August 31, 2025
As AI becomes more sophisticated at detecting fakes, it is not just changing how brands protect themselves — it has the potential to change the legal framework for determining when platforms themselves might be held responsible for the counterfeits sold on their sites.
When Patent Prosecution Becomes Something More
August 31, 2025
Most days, preparing and prosecuting patent applications follows a familiar rhythm. Talk with the inventors. Draft the application. Wait for the Patent Office. Argue a few times. Secure the patent. Repeat. But every so often, a case reminds us that our work can mean much more — especially when something has gone wrong, and someone needs an advocate to make it right.
OpenAI Gets Summary Judgment In Trademark Battle With Open Artificial Intelligence
August 01, 2025
A trademark battle that pitted technology giant OpenAI against a company known as Open AI (note the space between the terms) has resulted in a summary judgment that has ordered the smaller enterprise to cease use of the name and its prized internet real estate, open.ai.
Recent Decisions from CA and NY On AI Training and Copyright
August 01, 2025
In late July, two important decisions came down from courts in the Northern District of California regarding the unauthorized use of copyrighted material for the training of large language models. No real consensus has emerged as to the effect they will have on the broader AI litigation landscape.
Successful and Enforceable Brands Connect with the Consumer: Lessons from a Recent 10th Circuit Decision
August 01, 2025
Protectable rights are created the same way a successful brand is established — linking your Mark and your company’s offering in the minds of the consumer is a must. The good news? Regardless of your company’s size or marketing budget, this necessary connection can be achieved.
Insights from Acting Director Stewart’s Decisions on Discretionary Denial under the New Interim Processes for PTAB Workload Management
July 31, 2025
Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board’s (PTAB) discretion to deny petitions for inter partes review (IPR) and post-grant review (PGR) when parallel litigation is already pending in federal district court or the U.S. International Trade Commission (ITC). Acting Director Stewart replaced those guidelines with new interim processes that rely on the Director to issue decisions on patent owners’ requests for discretionary denials.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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