Among the various types of AI-generated works that are being created and marketed nowadays are works that replicate the sound or visual images of specific artists. In many cases, these works, or the models or tools that...more
On June 8, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Jack Daniel’s Properties, Inc. v. VIP Products LLC. The Court held that a heightened standard for trademark infringement applied by many...more
6/13/2023
/ First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Main Quest - ‘Mint’ Conditions: NFTs and Video Games -
Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly...more
9/17/2021
/ Blockchain ,
Copyright ,
Copyright Infringement ,
eSports ,
First Amendment ,
Gaming ,
Intellectual Property Protection ,
IP License ,
Microsoft ,
Nintendo ,
Non-Fungible Tokens (NFTs) ,
Online Gaming ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Right of Publicity ,
Sony ,
Trademark Infringement ,
Trademarks ,
Video Games
Does My Video Game Violate Consumers’ Privacy Rights?
The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more
7/13/2020
/ Abstract Ideas ,
App Developers ,
Appeals ,
Apple ,
California Consumer Privacy Act (CCPA) ,
Celebrities ,
CLS Bank v Alice Corp ,
Consumer Privacy Rights ,
COPPA ,
Copyright Infringement ,
Department of Justice (DOJ) ,
Dilution ,
False Designation of Origin ,
Federal Trade Commission (FTC) ,
First Amendment ,
Google ,
Interactive Gaming ,
Lanham Act ,
Patent-Eligible Subject Matter ,
Right of Publicity ,
Sports ,
Summary Judgment ,
Trademark Infringement ,
Unfair Competition ,
Unjust Enrichment ,
Video Games
The use of third-party trademarks in video games is not a new phenomenon. In fact, conflicts between game developers and trademark owners have existed for almost as long as the medium itself.1 Now, however, as games continue...more
3/20/2020
/ Appeals ,
First Amendment ,
Gaming ,
Mobile Apps ,
Online Gaming ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Rogers Test ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Video Games
On June 24, 2019, the U.S. Supreme Court ruled, in a 6-3 decision in Iancu v. Brunetti, 588 U.S. ____ (2019), that Section 2(a) of the Lanham Act’s ban on the registration of “immoral” or “scandalous” trademarks violates the...more
6/26/2019
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Reaffirmation ,
Reversal ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Viewpoint Discrimination