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Compassion in Registration: A Lesson in Filing Narrow Trademark Applications

Identical trademarks can coexist, as the Trademark Trial and Appeal Board once again emphasized when it overturned the refusal of a COMPASSION IN ACTION mark. ...more

Supreme Court Rules Plaintiffs can Recover Damages for Copyright Infringement Older than Three Years

​​​​​​​The Supreme Court has now issued its awaited opinion in Warner v. Nealy, ruling that plaintiffs can recover damages for copyright infringement that is more than three years old, at least under the discovery accrual...more

Extraterritoriality of the Lanham Act: Fearsome Watchdog or Muzzled Chihuahua?

How far does the Lanham Act’s reach extend? The Supreme Court gave us one answer in Abitron Austria GmbH et al. v. Hetronic International, Inc. and made it simple: not very far....more

AI Researcher Prompts Unexpected Output in Federal Court: Copyright Policy

In 2018, the U.S. Copyright Office denied the registration of a 2-D work of art “A Recent Entrance into Paradise” generated by artificial intelligence (“AI”). The programmer behind the AI, Dr. Stephen Thaler, sued the...more

A Cautionary Tale of One Independent Press’s Claim of Federal Copyright Protection

Earlier this summer, U.S. District Judge Amy Berman Jackson refused to buy plaintiff, Valancourt Books, LLC’s, claims that the Copyright Office of the United States unconstitutionally demanded books for free, when Judge...more

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