Federal courts continue to address whether training artificial intelligence ("AI") models on copyrighted materials without a license constitutes copyright infringement....more
7/1/2025
/ Algorithms ,
Artificial Intelligence ,
Books ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Training ,
Transformative Use
To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more
5/27/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Fair Use ,
Government Agencies ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance
The U.S. Court of Appeals for the Federal Circuit held that the test for determining whether a word mark is generic also applies to color marks....more
5/6/2025
/ Appeals ,
CAFC ,
Color Marks ,
Generic Marks ,
Goods or Services ,
Intellectual Property Protection ,
Lanham Act ,
Trade Dress ,
Trademark Application ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks
Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can...more
4/23/2025
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Deep Fake ,
Fair Use ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Technology ,
Women in the Law
The Supreme Court vacates a decision treating a company and its affiliates as "one and the same" for purposes of disgorging profits for trademark infringement under the Lanham Act, but leaves many questions unaddressed....more
3/5/2025
/ Affiliates ,
Corporate Governance ,
Damages ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Intellectual Property Protection ,
Lanham Act ,
Piercing the Corporate Veil ,
Profits ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated
The U.S. Patent and Trademark Office ("USPTO") will raise trademark fees across the board and introduce new application surcharges starting January 18, 2025....more
Scams related to U.S. trademark filings are becoming more common and sophisticated, making these scams increasingly difficult for trademark owners to identify....more
On November 19, 2024, a jury found that online retailer Vintage Brand LLC and its manufacturer Sportswear Inc. infringed the Pennsylvania State University's ("Penn State") trademarks in connection with the sale of merchandise...more
The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more
5/14/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Ownership ,
Damages ,
Discovery ,
Intellectual Property Protection ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
In a closely watched trademark infringement case, the Supreme Court of the United States held that when an alleged infringer uses a trademark as a source identifier for the infringer's own products, the First Amendment does...more
6/19/2023
/ Dilution ,
First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Likelihood of Confusion ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks
In Short -
The Situation: Workforces are increasingly using generative artificial intelligence ("AI") platforms to generate diverse content ranging from marketing materials, translations, source code, and more....more
In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more
2/14/2023
/ Artistic Works ,
Consumer Confusion ,
Digital Assets ,
Dilution ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
First Amendment ,
Intellectual Property Protection ,
Investment Opportunities ,
Non-Fungible Tokens (NFTs) ,
Smart Contracts ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
In Short -
The Situation: The metaverse provides new commercial opportunities for businesses to reach consumers and creates new challenges for protecting and enforcing brands in a virtual environment....more
The U.S. Patent and Trademark Office has awarded The Ohio State University a trademark for the word “THE,” for use in connection with apparel sold in "channels customary to the field of sports and collegiate...more
This year kicked off with new tools to help brand owners protect and enforce their marks.
The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark...more
Jones Day partners Meredith Wilkes, Patricia Campbell, and Sarah Geers discuss the implementation of the Trademark Modernization Act, the recent decision in Thaler v Hirshfeld – a case involving protections for works created...more
For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. That changed on August 6, 2021, in Columbia Sportswear North America, Inc....more
Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer,...more
6/24/2021
/ Dilution ,
Domain Names ,
Intellectual Property Protection ,
Lanham Act ,
Service Marks ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademarks ,
Unfair Competition ,
Willful Infringement
In this White Paper, we share observations on 2020's most significant developments in trademark law. This year, the U.S. Supreme Court penned three opinions concerning what constitutes a protectable trademark, available...more
The Situation: Changes to the Trademark Act were called for due to a Circuit split regarding the standard for injunctive relief in trademark infringement cases and an increase in fraudulent trademark applications and...more
A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the "Tiffany" name. Jones Day partners Meredith Wilkes and...more
9/11/2020
/ Appeals ,
Costco ,
Counterfeiting ,
Evidence ,
Fair Use ,
Intellectual Property Protection ,
Retailers ,
Summary Judgment ,
Tiffany and Company ,
Trademark Infringement ,
Trademarks
In this edition of Jones Day's Women in IP series, partners Rebecca Swindells and Meredith Wilkes explore the challenges of protecting trade secrets when employees are working at home or other locations outside the office....more
False advertising cases remain a complicated area of intellectual property law. Jones Day's Meredith Wilkes, Jessica Bradley, and John Froemming talk about the types of false advertising claims, explain who can sue, describe...more
When does inspiration turn into copyright infringement? The line is getting blurrier. Jones Day’s Meredith Wilkes, Anna Raimer, and Aryane Garansi explain how the Ninth Circuit’s decision—on “narrow grounds”—in the Blurred...more
4/11/2018
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Evidence ,
Expert Testimony ,
Intellectual Property Protection ,
Judgment on the Merits ,
Jury Verdicts ,
Marvin Gaye ,
Motion for Summary Judgment ,
Music Industry ,
Pharrell Williams ,
Robin Thicke ,
Royalties ,
Rule 50 ,
Substantially Similar