The U.S. Court of Appeals for the District of Columbia Circuit affirmed the Copyright Office’s position that artificial intelligence cannot be an author under the Copyright Act....more
On February 26, 2025, the US Supreme Court issued a unanimous decision limiting the scope of an award of the “defendant’s profits” in trademark infringement suits under the Lanham Act, 15 U.S.C. §1117(a), to only those...more
3/4/2025
/ Affiliates ,
Appeals ,
Calculation of Damages ,
Corporate Misconduct ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Intellectual Property Litigation ,
Lanham Act ,
SCOTUS ,
Trademark Infringement ,
Unfair Competition
A federal district court in Delaware has issued the first AI copyright fair use decision on the merits, granting partial summary judgment for copyright owner Thomson Reuters on copyright infringement and rejecting defendant...more
2/13/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Thomson Reuters ,
Westlaw
On June 7, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties v. VIP Products, reversing the Ninth Circuit and holding in favor of the owner of the Jack Daniel’s whiskey brand. In a unanimous...more
6/12/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The US Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, holding that the purpose and character of the Andy Warhol Foundation’s use of a copyrighted photograph of the...more
5/23/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Photographs ,
SCOTUS ,
The Copyright Act ,
Transformative Use
Companies should ensure they do not infringe on the copyrights of underlying works that are used to train generative AI tools.
Generative AI systems are trained on large datasets that can include works that are themselves...more
The life sciences space is ever-growing and dynamic as the industry witnesses more companies and, therefore, more collaboration, licensing and M&A agreements, come into the spotlight. While these deals are exciting...more
9/29/2021
/ Acquisition Agreements ,
Acquisitions ,
Arbitration ,
Commercially Reasonable Efforts ,
Contract Drafting ,
Contract Negotiations ,
Contract Termination ,
Contract Terms ,
Dispute Resolution ,
Due Diligence ,
Life Sciences ,
Merger Agreements ,
Mergers ,
Partnerships ,
Research and Development ,
Risk Mitigation
The COVID-19 pandemic is continuing to cause major global disruption to the activities of development stage and other life sciences companies due to, among other factors, limited or no access to clinical trial sites, reduced...more
On March 27, 2018, the Federal Circuit ruled in Oracle v. Google that Google’s use of certain of Oracle’s Java application programming interface (API) code in the Android operating system was not “fair use” and sent the case...more
Summary -
In Star Athletica, LLC v. Varsity Brands, Inc., 580 U.S. ___ (2017), the Supreme Court clarified the test for whether artistic features of a useful article are separable and therefore copyright eligible. The...more
4/3/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, which immediately creates, for the first time ever, a federal civil cause of action for misappropriation of trade secrets. The DTSA adds a federal...more
In the ongoing battles over the antitrust treatment of pharmaceutical patent settlements, the Federal Trade Commission and private industry have not agreed on much. But a recent FTC amicus brief appears to signal a high level...more
Trademark disputes often focus on whether two marks create a “likelihood of confusion” with one another. That issue can come up before a court considering trademark infringement; before the Trademark Trial and Appeal Board...more
In its October 2014 term, the U.S. Supreme Court heard oral argument in two trademark cases. Both cases have practical significance for trademark litigants because they have the potential to change the way parties approach...more