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Truth-in-AI and Robo-Deception: How Regulation Is Evolving to Address Deepfakes, Robocalls and More to Avoid the Erosion of...

The rise of generative AI in advertising challenges existing regulatory frameworks and threatens consumer trust. Businesses using AI-generated content must grapple with legal, ethical and practical implications...more

No Exceptions for AI: The FTC Hosts a Tech Summit to Discuss the Impacts of AI on Consumers and Competition

On January 25, 2024, the Federal Trade Commission (FTC) hosted a summit focused on the impact of artificial intelligence (AI) on consumers and competition in the technology sector. Comprising three panel discussions and...more

After Jack Daniel’s, the Other Shoe Drops for MSCHF in Wavy Baby Trademark Case

On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company....more

Stormy Weather on a Starry Night: The Copyright Office Refuses Another AI-Generated Work

On December 11, the Review Board of the U.S. Copyright Office affirmed the refusal to register yet another AI-generated work. The decision follows the Office’s refusal to register Dr. Stephen Thaler’s A Recent Entrance to...more

Federal Circuit Limits Fraud-on-the-PTO Claims, But Leaves Chutter Recklessness Standard Intact

On October 18, 2023, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a U.S. Trademark Trial and Appeal Board (TTAB) decision in Great Concepts, LLC v. Chutter, Inc., in which the Board canceled Great...more

Stand-Alone AI-Generated Content Is Not Copyrightable

On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to...more

Who (If Anyone) Owns AI-Generated Content?

Whose content is it anyway? This is one of the questions that many hope will be answered by a federal court in Thaler v. Perlmutter. In June 2022, computer scientist Dr. Stephen Thaler sued the U.S. Copyright Office to...more

Out of Bounds: Supreme Court Sets the Limits of U.S. Trademark Law

On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. ___ (2023), the U.S. Supreme Court held that the Lanham Act could not extend to trademark infringement that occurred almost entirely outside...more

“Bad Internet?”: Disparaging and Unsubstantiated Claims in Comparative Advertisements

On May 5, 2023, the National Advertising Division (NAD) of BBB National Programs handed down its Final Decision in T-Mobile USA, Inc. v. Comcast Cable Communications Management, LLC. The NAD found that Comcast made several...more

SCOTUS Holds Rogers Test Is All Bark and No Bite in Jack Daniel’s Trademark Suit Against Dog Toy Maker

On June 8, 2023, a unanimous U.S. Supreme Court resolved the petition in Jack Daniel’s Properties, Inc. v. VIP Products LLC with two narrow holdings: (1) the threshold trademark infringement test espoused by the Second...more

The U.S. Copyright Office Sessions: Generative Artificial Intelligence in Music and Sound Recordings

On May 31, 2023, the U.S. Copyright Office (USCO) held the final session of its Spring 2023 AI Listening Session. This session was held across two panels and discussed the copyright implications of AI-generated content (AIGC)...more

The U.S. Copyright Office Session 2: “Artificial Intelligence and Copyright – Visual Arts”

On Tuesday, May 2, 2023, the U.S. Copyright Office (USCO) held the second of four sessions on the copyright implications of generative artificial intelligence (GAI), titled “Artificial Intelligence and Copyright – Visual...more

A “Far-Reaching Decision” for the Copyrightability of Computer Programs

On April 6, 2023, the U.S. Court of Appeals for the Federal Circuit affirmed Judge Gilstrap’s ruling in SAS Institute, Inc. v. World Programming Limited, which effectively denied copyright protection to SAS Institute’s data...more

A New Dawn for Copyright in AI-Generated Works?

On February 21, 2023, the Copyright Office eclipsed its prior decisions in the area of AI authorship when it partially cancelled Kristina Kashtanova’s registration for a comic book titled Zarya of the Dawn. In doing so, the...more

The U.S. Copyright Office and USPTO Announce a Joint Study on NFT-Related IP Issues

Yesterday, the U.S. Copyright Office (USCO) and U.S. Patent and Trademark Office (USPTO) announced a joint study on IP issues related to NFTs....more

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