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Fair Use at Scale: When Is "Spectacularly" Transformative Use Still Not Fair?

The recent ruling in a lawsuit against Anthropic highlights a growing complexity in how courts are approaching fair use in the context of AI training. Judge William Alsup held that developing Anthropic’s Claude model was...more

Two's A Crowd: The Pitfalls of Trademark Co-Ownership

Often, individuals joining together on a project believe they should each own the name they choose. Indeed, it only seems fair. But having multiple owners of a single trademark is a recipe for trouble, and the partners would...more

Outside Baseball: IP Rights in Public Performances

A lawsuit between the Chicago Cubs and the owner of a rooftop venue near Wrigley Field raises important questions about the scope of intellectual property rights and the extent to which a property owner can profit from the...more

The Distinct Concepts of Copyright and Right of Publicity In Photos

A recent lawsuit filed by photographer Jackson Lee against MediaNews Group illustrates the important distinction between copyright and the right of publicity. Lee claims the publisher used his photos of Beyoncé, Jennifer...more

In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights

It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark....more

Ruling Against Fair Use Defense for AI Training Seems To Be Narrow, but Is It?

In rejecting an AI company's fair use defense for using Thomson Reuters' Westlaw headnotes to train its competing legal tool, Judge Bilas, the District of Delaware judge in Thomson Reuters Enterprise Centre GMBH and West...more

Certification Marks and Fame

Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more

Another Chapter in the Bay Bridge Series? San Francisco Sues Oakland Over Airport Name, Nate Garhart

Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some interesting issues to be decided (if it gets that far)...more

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