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GEMINI Spells Double Trouble for Google’s AI: Gemini Data, Inc. Sues for Trademark Infringement and USPTO Rejects GEMINI Trademark...

Gemini Data, Inc., a data analytics company that leverages artificial intelligence (AI) technologies, has filed a federal complaint against Google LLC in the US District Court for the Northern District of California, alleging...more

From Gen AI to Gen Z (Influencers): New FTC Rule Bans All Fake Reviews

In an era in which fake reviews run rampant and artificial intelligence (AI) can craft countless deceivingly realistic product reviews with minimal effort, the Federal Trade Commission (FTC) has taken a bold step forward for...more

ELVIS is Alive as Tennessee is First to Implement Rights of Publicity Protections Against AI Clones, Deepfakes, and Impersonations

The rise and widespread use of generative artificial intelligence (GenAI) continues to have major implications in the entertainment and music industries, particularly in relation to intellectual property. GenAI technologies,...more

AI Copyright Infringement Suit Proceeds in California District Court

In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI...more

POTUS Issues Expansive Executive Order on AI, Calling for All Hands On Deck

On October 30, 2023, President Biden issued an expansive Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), aiming to establish standards for AI technology to...more

US Copyright Office Seeks Comments Concerning AI

This notice signals the Copyright Office’s continued interest in the questions raised by generative AI in the copyright space and offers an opportunity for stakeholders to provide feedback on whether legislative or regulatory...more

AI v. IP: Potential Fiasco Looming with New Wave of Litigation Against AI Platforms

The advent of artificial intelligence (AI) technology has ushered in remarkable advancements across myriad industries from healthcare to entertainment and beyond. With this techno-revolution, novel questions concerning...more

SDNY’s Ripple Decision Could Have a Rippling Effect on SEC Enforcement Actions

The US District Court of the Southern District of New York has appeared to hand digital asset sellers their first victory, albeit partial, amidst a flurry of enforcement actions by the US Securities and Exchange Commission...more

SEC Crypto Crackdown Continues: Binance and Coinbase Charged with Violating Securities Laws

Last week — in separate actions over the course of 48 hours — the US Securities and Exchange Commission (SEC) filed lawsuits against crypto asset platform operators Binance (including related entities and founder Changpeng...more

Utah “DAOs” and Don’ts: New Law Provides Limited Liability for Decentralized Organizations

New crypto legislation is skiing down Utah’s silicon slopes. On March 13, 2023, the Utah Decentralized Autonomous Organizations Act was signed into law, taking effect on January 1, 2024. While other states such as...more

NYAG Questions Historic Classification of Ethereum’s Cryptocurrency in KuCoin Lawsuit

On the heels of recent legal setbacks and challenges for NFT collections offered by Dapper Labs and DraftKings, the New York Attorney General (NYAG) filed suit in New York state court against the parent companies of...more

DraftKings NFTs Class Action – An Attempted Dapper Labs Sequel?

On March 9, 2023, a putative class action was filed against DraftKings Inc. for alleged violations of federal securities laws in the US District Court for the District of Massachusetts. The class, if certified, will include...more

One Shining Moment – Basketball Trading Cards or Securities?

On February 22, 2023, the United States District Court for the Southern District of New York, in a 64-page opinion, denied a motion to dismiss filed by Dapper Labs, Inc., the developer behind the NBA Top Shot NFT platform,...more

Breaking News - Hermès Makes History With First NFT Trademark Trial Victory

A New York City jury just returned a verdict in favor of Hermès in a historic dispute between the luxury fashion house and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to Hermès’ famous...more

Battle of the (Meta) Birkin: Summary Judgment Showdown Shutdown – Hermès v. Rothschild Set for Trial

A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more

New/Old Threats to IP in the Metaverse

The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more

All Your Ether (Are) Belong To US: SEC Claims Jurisdiction Over Entire Ethereum (ETH) Network

The US Securities and Exchange Commission (SEC) has filed an enforcement action against crypto influencer Ian Balina in the Western District of Texas alleging that he promoted unregistered securities in connection with the...more

SEC - CFTC Joint Proposed Amendments Introduce Enhanced Private Fund Reporting Requirements

On August 10, 2022, the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) issued a joint proposal to amend Form PF, a reporting form for SEC-registered reporting private fund...more

First-of-a-Kind Crypto Insider Trading Prosecution: SEC-v-Wahi et al Action May Have Broad Implications Across the Digital Asset...

As use of cryptocurrency investment has increased throughout the world, regulators have faced a bevy of novel questions, especially related to applying different strains of law to regulate novel digital assets. To date,...more

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the...

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse Nike, Inc. has filed a federal complaint against StockX, LLC, an online resale...more

Wild, Wild Web3: The Blockchain Domain Gold Rush Is Well Underway – Brands Should Act Now To Secure Their Web3 Domains 

The advent of distributed ledger technology has ushered in a new digital era – a decentralized internet, neither owned nor controlled by a central authority. While blockchain enthusiasts hail this lack of centralization as...more

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