(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide
The Briefing: Anthropic, Copyright, and the Fair Use Divide
Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink — No Infringement Intended Podcast
JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows
(Podcast) The Briefing: Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation
The Briefing: Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation
The Briefing Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis (Podcast)
The Briefing Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
The “Wild West” of AI Use In Campaigns
Podcast - The Briefing: Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection
Podcast: The Briefing - Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
The Briefing: Is Warhol Bad for Documentarians?
Podcast: The Briefing - Is Warhol Bad for Documentarians?
Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith
The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
The US Court of Appeals for the Ninth Circuit concluded that a non-fungible token (NFT) is a “good” under the Lanham Act but reversed the district court’s grant of summary judgment for trademark infringement because the owner...more
Key Takeaways - The Ninth Circuit confirmed that non-fungible tokens (NFTs) are ‘goods’ under the Lanham Act and can be protected by trademark law....more
When you are in the business of creating content, it’s crucial to know when licenses or permissions are required to use the intellectual property of others (such as copyright and trademarks). In this article, we explore what...more
Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more
Suppose you have uncovered a copyrighted work from another that contains copyright management information such as a copyright notice. However, you want to remove or alter this copyright management information. Should you...more
Many eyes were on the Nittany Lions this past year as sports pundits speculated The Pennsylvania State University (Penn State) would make it to the College Football National Championship. But those with an interest in...more
With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National...more
Every year, the world celebrates the first of January as Public Domain Day, marking the release of copyrighted works into the public domain. In 2024, we saw popular intellectual properties enter the public domain, including...more
Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists...more
The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more
Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more
Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more
Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those)....more
The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use...more
If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more
While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely...more
Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more
If you know me well, you know that I am an admitted Disney fanatic. So, you can imagine my initial horror when I heard media rumblings that Disney was losing its copyright to my favorite mouse, Mickey. Upon further...more
Mickey Mouse is one of the most prolific cartoon characters of all time. Walt Disney incorporated in 1923 and first aired a video of Mickey Mouse (which I shall refer to as Mickey Mouse 1.0) in the short cartoon "Steamboat...more
As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more
Fiction writing has a curious claim on truth. We learn this at the youngest age, listening to fairy tales when the child in us “intuitively comprehends that, although these stories are unreal, they are not untrue …” ...more
Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more
In the United States, the first amendment and the laws that follow provides robust protections to parodies. This was something Mattel, the toymakers behind Barbie, learned firsthand in Mattel, Inc. v. MCA Records,296 F.3d 894...more
The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more
On June 8, 2023, brand owners breathed a sigh of relief with the Supreme Court’s unanimous ruling consistent with prior jurisprudence that potential infringers of a famous trademark are not precluded from liability by merely...more