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Developers’ Liability for Infringing Generative-AI Outputs

The advent of generative-AI tools has brought challenging questions of accountability to the forefront, especially when those tools generate content that may infringe on someone’s copyright. Determining liability—whether it...more

FTC Proposes Non-Compete Ban

Earlier today, the Federal Trade Commission (FTC) announced that it had voted to essentially ban all non-compete agreements in the United States. Specifically, the FTC issued a final proposed rule banning new non-competes...more

Copyright Small Claims Proceedings

The U.S. Copyright Office has issued a final rule amending the procedures for the still-new “small claims court” proceedings before the Copyright Claims Board (CCB) established last year that we previously blogged...more

Protecting Your IP & Confidential Info

In a world where non-compete agreements are being curtailed or outright banned, companies need to enhance their use of other ways to protect their intellectual property and confidential information when their employees leave...more

Copyright Office Addressing AI

These days, does a week go by without something new in the artificial intelligence (AI) world? This week the Copyright Office issued a Policy Statement to “clarify its practices for examining and registering works that...more

USPTO Updates – Aug. 2022

Commencing August 1, 2022, the U.S. Patent and Trademark Office (USPTO) is modernizing the patent and trademark assignment request process because, going forward, users will submit requests virtually using the Electronic...more

New Copyright Claims Board

The quicker, streamlined, and less expensive method for resolving copyright infringement matters valued at under $30,000 will soon be available to copyright enforcers. Currently scheduled to begin hearing cases in Spring...more

USPTO Cuts Russian IP Ties

On March 22, the United States Patent and Trademark Office (USPTO) announced that it was breaking its final ties with Russia’s intellectual property agencies. Specifically, the USPTO has terminated engagement with officials...more

Potential COVID-19 Vaccine Waiver

The news cycle remains dominated by COVID-19 issues. One thing we’re watching is whether and to what extent the World Trade Organization (WTO) will waive intellectual property (IP) protections for vaccines in an attempted...more

Trademarks, Copyrights, And Patents

Sometimes it’s back to basics. This time, the simple difference between trademarks, copyrights, and patents. The U.S. Patent & Trademark Office (“USPTO”) provides guidance....more

How Does AI Impact TM & Copyright Law? USPTO Wants To Know.

As predicted, the United States Patent and Trademark Office (“USPTO”) has now extended its inquiry on the impact of artificial intelligence (“AI”) technologies to copyright, trademark, and other intellectual property rights....more

Copyright For Annotations To Legal Text?

During this coming term, the U.S. Supreme Court will hear an interesting case involving the State of Georgia’s ability to copyright the annotations to the Official Code of Georgia Annotated (“OCGA”). The issue is framed as...more

Federal Circuit Confirms Website TM Requirement

Earlier this month, at the request of the United States Patent and Trademark Office, the Federal Circuit Court of Appeals officially set a trademark registration requirement by making an earlier ruling precedential. That...more

EU Copyright Changes

Earlier this week, the European Parliament voted in favor of a directive overhauling the European Union’s online copyright rules. These controversial changes, following extensive lobbying and a 348-274 vote, implicate an...more

Canada’s New Trademark Laws

Earlier this month, the Canadian Intellectual Property Office (“CIPO”) published a new set of Trademark Regulations and announced that amendments to Canada’s trademark laws will go into effect on June 17, 2019. The CIPO’s...more

Cert Granted In TM Bankruptcy Case

As I previously blogged about, there is a circuit split as to whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of the mark or whether the trademark...more

Coachella/Filmchella Dispute Ends

Over the past year we’ve traced the progression of the Coachella/Filmchella lawsuit, which was scheduled for trial earlier this month. Approximately a week before trial, the parties settled the case and the Court entered a...more

Monkey Selfie Decision Stands

Earlier this year, I authored a blog post about the so-called “Monkey Selfies” after the Ninth Circuit ruled that animals cannot sue for copyright infringement because, as nonhumans, they lack the required standing under the...more

Coachella/Filmchella Dispute Headed To Trial

The Coachella/Filmchella trademark infringement case, which we have previously covered is headed to trial in California this October. Last week, the federal judge assigned to the case denied Coachella’s partial summary...more

How Bankruptcy Effects Rights Under Trademark Licenses

When a trademark owner/licensor files for bankruptcy, there is an open question as to whether the licensee of the trademark can legally continue use of the mark or whether the trademark owner/licensor can reject its...more

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