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USPTO Guidance for Online Fakes

The numbers of online fakes have exploded in recent years, creating increasing issues for a broad array of consumer goods manufacturers and retailers, from luxury clothing and leather goods to car parts or smoking...more

About Time! Steps You Should Consider to Protect Your Watch-Related Brand

As major watch industry events are fast approaching in 2025, it may be time for businesses to reevaluate or add to the tools at their disposal to protect and expand their watch-related brand. ...more

Judge Rejects Fair Use Defense in Thompson Reuters' AI Copyright Suit Against Ross Intelligence

On February 11, 2025, Judge Stephanos Bibas issued an opinion in Thomson Reuters Enterprise Centre GMBH v. Ross Intelligence Inc., civ. no. 1:20-cv-613, a dispute regarding copyright infringement allegations stemming from the...more

Want to Partner with a College Student Athlete? What Businesses Should Know About NIL Deals | Insights

Name, image, and likeness (NIL) deals are analogous to endorsement deals, where businesses contract with a person to promote a product or service, but "NIL deals" is typically used to refer to agreements with college student...more

Is Vintage Brand's Use of Penn State-Related Images Likely to Confuse Consumers as to Their Source? That Is the Central Question...

This week, a Pennsylvania jury is hearing argument in a trial that will decide The Pennsylvania State University's trademark infringement claims against Vintage Brand, LLC, its affiliated company, and its owner. According to...more

Lessons Gleaned from the MetaBirkin Case on Appeal - Trademark Use Versus Artistic Expression Regarding NFTs

The U.S. Court of Appeals for the Second Circuit recently heard oral argument in an appeal from a jury verdict that found in favor of Plaintiffs Hermès International and Hermès of Paris, Inc. ("Hermès") against Mason...more

DMCA Question Certified for Appellate Court in Action Involving Artificial Intelligence

On September 27, 2024, in J. Doe 1 v. Github, Inc., 22-cv-06823-JST, the U.S. District Court for the Northern District of California certified an order dismissing Plaintiffs' claims under Section 1202(b) of the Digital...more

Top 5 Trademark Licensing Considerations for NextGen Technology

Currently, brand owners are at a crossroads—should they dip their toes into new web3 mediums and opportunities, or should they guard against potential pitfalls in this new space? While there is no one-size-fits-all answer...more

Embedded Instagram Content Passes the Server Test, According to Ninth Circuit

On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram....more

How Will Use of Copyrighted Content in Artificial Intelligence Be Evaluated After the Supreme Court’s Warhol Decision?

The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will...more

Trademarks and Source Identifiers in the Metaverse: Practical Considerations for Brand Owners in a Newly Emerging Virtual...

​​​​​​​As technology and the physical lives of consumers continue to converge, businesses active in metaverse and blockchain technologies will need to think about how their brands and source identifiers might evolve or change...more

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