The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action...more
Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership.
Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more
3/25/2024
/ Artificial Intelligence ,
Authorship ,
Biden Administration ,
Copyright ,
Copyright Office ,
Executive Orders ,
Intellectual Property Protection ,
Inventors ,
Machine Learning ,
Ownership Rules ,
Patents ,
Popular ,
The Copyright Act ,
Trademarks ,
USPTO
In today's digital landscape, the convergence of intellectual property (IP) and artificial intelligence (AI) presents both unparalleled opportunities and unique challenges for businesses across industries. As AI continues to...more
3/11/2024
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Defense Strategies ,
Due Diligence ,
Enforcement ,
Intellectual Property Protection ,
IP License ,
Machine Learning ,
Patents ,
Trademarks
When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes...more
9/18/2023
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Constitutional Challenges ,
DaimlerChrysler v Bauman ,
Due Process ,
General Jurisdiction ,
Goodyear ,
Interstate Commerce ,
Legal History ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Principal Place of Business ,
Registration Requirement ,
SCOTUS
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
9/14/2023
/ Air Carriers ,
Boycotts ,
Complaint Procedures ,
Corporate Liability ,
Defense Strategies ,
DFARS ,
Dodd-Frank ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Montreal Convention ,
Motor Carriers ,
Rest and Meal Break ,
Warsaw Convention
The test for personal jurisdiction, which asks whether a defendant can be compelled to litigate in a particular state, has been extensively developed over the past several decades, and notably refined in the last fifteen...more
8/21/2023
/ Commerce Clause ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Due Process ,
Foreign Corporations ,
Fourteenth Amendment ,
General Jurisdiction ,
Interstate Commerce ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Principal Place of Business ,
Registration Requirement ,
SCOTUS
The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not...more
6/6/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Photographs ,
Prince ,
SCOTUS ,
The Copyright Act ,
Transformative Use