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News and expert analysis on IP developments from the courts to the USPTO.
By Marc P. Misthal | April 16, 2024
Like any emerging technology, AI is entangled with legal issues. These legal issues may not make for compelling entertainment, but they are important in shaping the use and potential of AI.
8 minute read
By The Legal Intelligencer | April 16, 2024
In The Legal's Intellectual Property special section read about new trademark scams, AI and terms of service obligations and whether or not Disney's famous mouse is actually free to use.
2 minute read
By Alex Anteau | April 15, 2024
"In massive, high-stakes litigation, it's really, really difficult to try cases [against] somebody like Amazon who's got, for all intents and purposes, unlimited resources," said the plaintiff's counsel, Courtland Reichman, noting his team put more than 30,000 hours into the suit.
4 minute read
By Susan A. Smith and Doyle S. Tuvesson | April 15, 2024
The court found no likelihood of confusion, emphasizing that "an effective parody will actually diminish the likelihood of confusion." Over a decade later, the U.S. Supreme Court stated that the First Amendment does not grant trademark parodies a safe harbor from infringement claims.
6 minute read
By Laura Lipschutz | April 15, 2024
Earlier this year, media and news outlets widely reported that Mickey Mouse had entered the "public domain" because Disney's copyright in the cartoon "Steamboat Willie" expired on Jan. 1, 2024. What implications does the expiration of this copyright registration actually have and may we all start using Mickey to promote our products and services?
6 minute read
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder | April 15, 2024
The dispute between fashion powerhouses Adidas and Thom Browne over stripe designs reveals the intricacies of brand protection and the scope of trademarks based on common elements especially within the fashion world.
8 minute read
By Patrick Smith | April 15, 2024
"We see her as another game-changing addition to our growing national team handling cutting-edge cases," noted Alyssa Caridis, co-head of Orrick's IP business unit, about Irena Royzman.
2 minute read
By Maria Dinzeo | April 12, 2024
"We should be prepping ourselves for what directions we want society to move in. We probably want society to maximize creative expression, rather than let everyone assert property interests over every idea," Midjourney General Counsel Maxwell Sills said.
8 minute read
By Tal S. Benschar | April 12, 2024
New technologies create new challenges for the law. This has certainly been the case for artificial intelligence, which has generated a great deal of discussion, and some litigation, in patent and copyright law. One area that has not been explored is its impact on trade secrets. But recent events indicate that this is about to change.
7 minute read
By Stephanie Wilkins | April 5, 2024
Swiss patent law firm Da Vinci Partners sued Kili Technology for trademark infringement and unfair competition over the naming of its generative AI-powered patent drafting tool davinci, arguing the lines between "goods" and "services" have blurred. This case was first surfaced by Law.com Radar.
3 minute read
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