Angel Reese—the former LSU basketball superstar who now plays for the Chicago Sky in the WNBA—made headlines recently when she filed an application to register MEBOUNDS as a trademark for clothing and related items (Serial...more
Keen sports observers sometimes use trademark applications to try to identify the names and locations of potential expansion teams that may be coming to sports leagues. Recent trademark applications by the WNBA and National...more
In a 7–2 decision issued by the U.S. Supreme Court on May 30th (with Justices Jackson and Sotomayor dissenting), the Court granted the federal government’s request to stay the district court’s injunction that had blocked the...more
6/10/2025
/ Appeals ,
E-Verify ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Noem v National TPS Alliance ,
Noem v Svitlana Doe ,
Parole Employment Authorization ,
Preliminary Injunctions ,
Refugees ,
SCOTUS ,
Stays ,
Temporary Protected Status ,
Trump Administration ,
USCIS
In a significant development for Venezuelan Temporary Protected Status (TPS) holders, a federal district court in California has issued an injunction preventing the Department of Homeland Security (DHS) from invalidating...more
6/9/2025
/ Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-94 ,
Hiring & Firing ,
Immigrants ,
Immigration Reform ,
Injunctions ,
Judicial Authority ,
Preliminary Injunctions ,
Refugees ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
On May 9, 2025, I sat in a crowded football stadium for the sold-out second night of the Grand National Tour concert featuring Kendrick Lamar and SZA (the stage name of Solána Rowe). As I listened to those iconic artists...more
6/4/2025
/ Artists ,
Authorship ,
Celebrities ,
Entertainment Industry ,
Intellectual Property Protection ,
Music Industry ,
Musical Sound Recordings ,
Name and Likeness ,
Popular ,
Trademark Application ,
Trademark Registration ,
Trademarks
In a pivotal immigration development, the U.S. Supreme Court (SCOTUS) has effectively granted the Department of Homeland Security (DHS) permission to proceed with the termination of the 2023 Temporary Protected Status (TPS)...more
5/27/2025
/ Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
New Guidance ,
Noem v National TPS Alliance ,
Political Asylum ,
Popular ,
Refugees ,
SCOTUS ,
Temporary Protected Status ,
Trump Administration ,
USCIS ,
Venezuela
In the ongoing narrative of the Trump administration’s attempt to repeal the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), on Monday, May 5th, the US Court of Appeals for the First Circuit...more
5/12/2025
/ Appeals ,
Constitutional Challenges ,
Cuba ,
Department of Homeland Security (DHS) ,
Deportation ,
Foreign Nationals ,
Foreign Workers ,
Haiti ,
Human Rights ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Judicial Authority ,
Nicaragua ,
SCOTUS ,
Trump Administration ,
USCIS ,
Venezuela
Last week, a federal district court in Massachusetts temporarily blocked the mass termination of parole and employment authorization for beneficiaries of the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and...more
4/23/2025
/ Appeals ,
Biden Administration ,
Cuba ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Deportation ,
E-Verify ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Workers ,
Form I-9 ,
Haiti ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Nicaragua ,
Parole ,
Trump Administration ,
USCIS ,
Venezuela
As my colleague Puya Partow-Navid recently wrote, popular or viral phrases in the sports world are often the subjects of trademark registrations. Women’s sports are no exception. 2024 was a banner year for women’s sports,...more
On December 3, 2024, the U.S. Supreme Court heard argument in Republic of Hungary v. Simon. The case involves Hungary’s theft of valuable items from Jewish families during the Holocaust. The plaintiffs sued the Republic of...more
Perhaps you represent a U.S. company that is entering into a contract with an overseas entity, or vice versa. You are contemplating whether the contract should provide for arbitration or litigation in the event of a dispute....more
Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more
7/19/2024
/ Algorithms ,
Artificial Intelligence ,
Authors ,
Class Action ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Disclosure ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Motion to Dismiss
The author of the lyrics for Canada’s national anthem, “O Canada,” probably didn’t have trademarks in mind when he wrote “we stand on guard for thee.” But a recent trademark infringement win for a Maryland-based U.S....more
We are still waiting for a formal ruling on the Andersen v. Stability AI defendants’ second round of motions to dismiss, but so far it’s looking like most of the case may be allowed to proceed to discovery. The judge heard...more
The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year...more
In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). ...more
5/3/2024
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Intellectual Property Protection ,
Machine Learning ,
Proposed Legislation ,
Regulatory Agenda ,
The Copyright Act
A whole host of creators have filed suit in the U.S. alleging that AI companies improperly used the creators’ content to train AI programs. In most cases, the creators don’t know for sure whether the AI companies copied...more
Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness. On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee...more
4/3/2024
/ Algorithms ,
Artificial Intelligence ,
Entertainment Industry ,
Fair Use ,
First Amendment ,
Goods or Services ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Name and Likeness ,
New Legislation ,
Regulatory Reform ,
Right of Publicity
Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI....more
On Wednesday, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more...more
2/26/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Intellectual Property Litigation ,
Music ,
Music Industry ,
Petrella v. MGM ,
SCOTUS ,
Settlement ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
2/16/2024
/ Arbitration ,
Artificial Intelligence ,
Banks ,
Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Intellectual Property Protection ,
Machine Learning ,
Merger Agreements ,
Patents ,
Trademarks
In a relatively scathing opinion finding the plaintiffs’ Complaint “defective in numerous respects,” a district court judge has thrown out most of the claims a group of artists has asserted against AI platforms that allegedly...more
2/14/2024
/ Algorithms ,
Artificial Intelligence ,
Authors ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
The Copyright Act
Seyfarth Synopsis: The health care sector faces escalating cybersecurity risks given its size, technological dependence and the sensitive nature of data used therein. According to the U.S. Department of Health and Human...more
1/23/2024
/ Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Theft ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Employer Liability Issues ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
OCR ,
PHI ,
Policies and Procedures ,
Popular
‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed...more
In the latest skirmish between Sarah Silverman and other authors against Chat GPT-maker OpenAI, OpenAI submitted a new decision from a California federal court in support of its attempt to dismiss the Silverman plaintiffs’...more