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When Man Beats Machine: The Latest in Artificial Intelligence and Copyright

Summer must be coming, because the courts are starting to heat up with copyright decisions in artificial intelligence (AI) cases. We’ve previously written here, here, and here about Dr. Stephen Thaler’s attempts to register...more

Considerations for K-12 Schools When Using Generative Artificial Intelligence Tools

Artificial intelligence or “AI” traces its roots to Alan Turing’s work in the 1950s. While it’s a current hot topic, AI is far from new. Students and teachers have been using AI in some form for years in everyday life, such...more

AI Training and Copyright: Court Rejects Fair Use Defense in Thomson Reuters Case

“A smart man knows when he is right; a wise man knows when he is wrong. Wisdom does not always find me, so I try to embrace it when it does—even if it comes late, as it did here.” It’s not common for a federal judge to make...more

[Webinar] How To Protect Your IP by Avoiding Common Trademark Mistakes - January 22nd, 9:00 am - 10:30 am PDT

If you're looking to safeguard your brand and avoid costly errors in the world of trademarks, this session is a must-attend. Our experienced speakers will guide you through the essential steps to protect your intellectual...more

[Webinar] Privacy 101: Navigating the Digital Frontier - June 4th, 9:00 am - 10:00 am PT

Join us for an insightful webinar with Miller Nash’s head of privacy and data security team, Eva Novick, and colleague, Delfina Homen, where we will delve into the essentials of privacy and data security in 2024. Whether...more

Cannabis Rescheduling and What It Means for Trademark Owners

What was hinted at in the fall of 2023 appears to be heading towards reality as reports circulate that the U.S. Drug Enforcement Administration (DEA) has agreed to reschedule marijuana—or cannabis, as most in the industry...more

Ninth Circuit Decision Quietly Blesses Cannabusiness Practice of Federal Trademark Registrations for Branded “Tobacco Products”

In a published decision issued April 1, 2024 (no fooling), the Ninth Circuit in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. weighed in on somewhat esoteric topics concerning whether federal courts have...more

The “Spooky” Truth Behind AI: IP and Privacy Concerns in Training Bioscience AI Models

To say artificial intelligence, or “AI,” is a hot topic is an understatement. AI, which traces its roots back to Alan Turing’s work in the 1950s, is far from new, and consumers have been using AI in some form for years....more

Paradise Lost: No Copyright for AI-Created Works

We’ve previously written here and here about Dr. Stephen Thaler’s efforts to register copyright in A Recent Entrance to Paradise, a work created by his artificial intelligence (AI) system DABUS. In a motion for summary...more

The Accidental Infringer: What You Need to Know about Copyright When Using Photos from the Web

You’ve received a letter from a lawyer saying that a photo you found online and uploaded to your website infringes a photographer’s copyright. Maybe you do nothing and wait to see if you get another letter. Maybe you take the...more

Celebrating Women in Tech: Coronavirus Scientists and Innovators

We have reached the final post of our Celebrating Women in Tech series in celebration of Women’s History Month and would be remiss if we ended this series without recognizing women who have had a major impact on our lives in...more

Celebrating Women in Tech: Female Pioneers in Medicine

Our series would not be complete without acknowledging the contributions women have made to medicine. Here are just a few of the impressive women at the forefront of medical advancement, making the world a healthier one for...more

Celebrating Women in Tech: Hedy Lamarr, the “Mother of Wi-Fi”

Austrian-born actress Hedy Lamarr (1914-2000) is known for her beauty and acting abilities, A Golden Era leading lady who starred in such films as Cecille B. DeMille’s Oscar-winning Samson and Delilah (1949)....more

Man v. AI Machine: The Continuing Paradise Saga

We recently wrote about Dr. Stephen Thaler’s challenge to the Copyright Office’s refusal to register copyright in “A Recent Entrance to Paradise,” in which he has asked a federal appellate court to grant him summary judgment...more

Paradise Denied: Copyright (Or Not) In AI-Generated Images

The U.S. Constitution provides the basis for copyright protection “by securing for limited times to authors . . . the exclusive right to their respective writings” in order “[t]o promote the progress of . . . the useful...more

The Struggle is Real: Federal Trademark Registration for Cannabis and Hemp-Derived Food and Beverages Remains Illusive

Although commercial use of a trademark alone triggers rights in a mark, wise business owners endeavor to take advantage of the added benefits and protections conveyed by federal registration. One of the most important...more

Don’t Let Your Core Brands Fall Victim to Trademark Trolls

Similar to its patent and copyright-focused counterparts, “trademark troll” is a negative moniker that refers to people who register for a trademark in bad faith, meaning they have no lawful intention to use the mark in...more

The Ninth Circuit Leaves Open the Delta-8 THC Legal Loophole in an Intellectual Property Dispute

In the first federal appellate ruling on delta-8 THC, the Ninth Circuit Court of Appeals deemed the substance legal—at least for purposes of trademark protection—concluding that if “Congress inadvertently created a loophole...more

Priority “UNTAMED”: Enforceable Priority in Madrid-Registered Mark Does Not Require Use of Mark Before Infringement Commences,...

The general rule under U.S. trademark law is that the first to use a trademark in U.S. commerce has priority in the mark over other "would-be" users of the same, or confusingly similar, mark. This applies in both common law...more

THC-Infused Candies are All Tricks, No Treats, Says Candy Maker

Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats....more

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