News & Analysis as of

Breach of Contract Intellectual Property Protection

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

Holland & Knight LLP

Dismissal of State Court Claims Bars DTSA Claim in Federal Court

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By statute, judgments of state courts are entitled to the same preclusive effect in subsequent federal litigation as they would have in subsequent state court litigation. 28 U.S.C. § 1738. A recent decision by the U.S. Court...more

Dorsey & Whitney LLP

Whataburger v. What-A-Burger #13 - A battle for trademark rights in North Carolina, and potential defenses for junior trademark...

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Whataburger has once again found itself in the news over a lawsuit it filed over naming rights against a long-standing East Coast burger establishment for its purported infringement of the WHATABURGER trademark....more

McDermott Will & Emery

Smart Choice: Survey Design Didn’t Render Survey Unreliable

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Underscoring its faith in a jury’s competency to use its “common sense and experience” in evaluating evidence, the US Court of Appeals for the Ninth Circuit affirmed a district court’s judgment in favor of the defendants in a...more

Sheppard Mullin Richter & Hampton LLP

Court Rules in Landmark AI Code Generator Case – DMCA Claims Dismissed but Breach of Contract Claims Remain

The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more

Proskauer Rose LLP

Three Point Shot - June 2024

Proskauer Rose LLP on

A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2024

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A Los Angeles jury has found following a monthlong trial that StubHub owes more than $16 million for breaching its contract with Spotlight Ticket Management, which does business as TicketManager, and interfering in the...more

Pillsbury - Global Sourcing Practice

Is Your AI Testing Tool a Breach of Contract Claim Waiting to Happen?

Reliability, security, and legal compliance. These are assurances that customers purchasing technology products expect from their providers, and which are often required as part of the contracts for such products. AI...more

Eversheds Sutherland (US) LLP

AI Litigation Insights: zvelo, Inc. v Netskope, Inc.

Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings....more

Arnall Golden Gregory LLP

The Pitch - January 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Epstein Becker & Green

Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants

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As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more

Dunlap Bennett & Ludwig PLLC

What Are The Grounds For A Cease-And-Desist Letter?

If someone is hurting you or your business, one option is to send a cease-and-desist letter (also known as a “demand letter”). What is it, and what are the grounds for a cease and desist letter? This letter informs the...more

Arnall Golden Gregory LLP

The Pitch - September 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Fisher Phillips

Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

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The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern...more

Epstein Becker & Green

From The Basketball Court To Federal Court: The New York Knicks Sue The Toronto Raptors For Theft Of Confidential Information

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The New York Knicks made headlines last week when they sued the Toronto Raptors for theft of confidential and proprietary information, including scouting reports, play frequency reports, and other confidential information...more

AEON Law

Patent Poetry: Employee Confidentiality Agreements Can Be Enforced without New Consideration

AEON Law on

A federal court in Pennsylvania has held that a confidentiality agreement signed five months after an employee was hired can be enforced after the employee leaves even if the employee received no consideration other than...more

McDermott Will & Emery

Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement

McDermott Will & Emery on

In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more

Arnall Golden Gregory LLP

The Pitch - July 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Bradley Arant Boult Cummings LLP

LADR Case Notes (August 2022-October 2022) and FLJ Currents (Winter 2023)

A gym franchisor recently secured a preliminary injunction against its former franchisee prohibiting the franchisee from operating an independent gym on the same location and using the franchisor’s trade secrets. Chris...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

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At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

AEON Law

Patent Poetry: Videogame Company Awarded $4.3 Million in Damages for “Cheats”

AEON Law on

Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....more

Cooley LLP

Illegality Doctrine Rejected in Legal Cannabis Patent Case, Confirming Patent Enforceability

Cooley LLP on

As the industry for cannabis that is legal under state and/or federal law continues to expand, a flurry of court cases in recent years have addressed whether these businesses can utilize the federal courts to vindicate their...more

AEON Law

Patent Poetry: Do AI content generators violate underlying IP rights?

AEON Law on

Getty Images recently announced that it had commenced legal proceedings in the High Court of Justice in London against Stability AI. Getty claims Stability infringed its intellectual property (IP) rights, including copyright,...more

Morgan Lewis - Tech & Sourcing

Important Considerations for Limitation of Liability Carveouts

Limitation of liability provisions are standard in almost every contract and are essential in helping the contract parties limit their risk. These provisions typically contain a broad disclaimer of consequential damages and a...more

Dunlap Bennett & Ludwig PLLC

I Received a “Cease and Desist” Letter – What Should I Do?

Receiving a “cease and desist” letter from a lawyer can be stressful and sometimes confusing, and it’s not always clear whether and how a person should respond.  ...more

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