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Intellectual Property Litigation › Digital Media

Weintraub Tobin

The Briefing: Anthropic, Copyright, and the Fair Use Divide

Weintraub Tobin on

A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That...more

Clark Hill PLC

The “Sad Beige Lawsuit” and the Fight Over Social Media Influencer IP Rights

Clark Hill PLC on

Can you protect a personal “aesthetic” or “vibe?” Social media influencer Sydney Nicole Gifford believes so, as she recently sued fellow social media influencer Alyssa Sheil in Texas Federal Court, in what is now known as the...more

Smart & Biggar

False alarm: the risks of groundless online takedown complaints

Smart & Biggar on

Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more

Troutman Pepper Locke

IP Protection for Featured Characters in Digital and Physical Media

Troutman Pepper Locke on

The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game....more

Farrell Fritz, P.C.

Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

Farrell Fritz, P.C. on

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame...more

McDermott Will & Emery

Info-Hold Cases: De Novo Review Where Claim Construction Evidence Is Neither Intrinsic Nor Extrinsic and Expert Damages Testimony...

McDermott Will & Emery on

In two decisions involving the same plaintiff and patent but different defendants, the U.S. Court of Appeals for the Federal Circuit applied de novo review after choosing not to classify evidence used below and reversed an...more

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