Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more
6/18/2025
/ Acquisitions ,
Brand ,
Comparative Advertising ,
Copyright ,
Copyright Infringement ,
Design Patent ,
Due Diligence ,
Fair Use ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Intellectual Property Litigation ,
Social Media ,
Third-Party ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
In April 2024, we published a summary of the then current state of artificial intelligence (“AI”)-related copyright litigation. Since that publication, new theories for complaints and defenses have emerged in this space. As...more
The future of controlled digital lending (“CDL”), the digital equivalent of traditional library lending, is uncertain after the United States Court of Appeals for the Second Circuit’s judgment in Hachette Book Group, Inc. v....more
11/12/2024
/ Authorship ,
Compensation ,
Copyright ,
Copyright Infringement ,
Digital Services ,
Fair Use ,
First Sale Doctrine ,
Internet Archive (IA) ,
Lending ,
Right of Reproduction ,
The Copyright Act