Popular, Intellectual Property Litigation, Intellectual Property Protection

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

Seyfarth Shaw LLP on 9/13/2024

What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Artificial intelligence (AI) advocacy in the Federal Court

Smart & Biggar on 9/12/2024

In April 2023, a curious law professor and lawyer submitted his “Introductory Civil Procedure” exam to ChatGPT, an AI chatbot, to see how it would score. The results were surprising: ChatGPT outperformed over 70% of his...more

EV Trade Secrets Litigation Series: Tesla v. Rivian – A High-Stakes Legal Showdown

Proskauer - Trade Secrets on 8/13/2024

Continuing our series on electric vehicle (EV) trade secret litigation, see here and here, a California judge has tentatively given Tesla the green light to proceed with a trial against rival Rivian in March of 2025. This...more

Copyright Office Releases AI Guidance

Schwabe, Williamson & Wyatt PC on 8/7/2024

After receiving input from thousands of stakeholders during a public comment period, the U.S. Copyright Office has released the first of four reports in its Copyright and Artificial Intelligence series, this one to address...more

A Dive Into Intellectual Property Liability for E-Commerce Platforms

Robins Kaplan LLP on 7/8/2024

Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Danger Ahead? Graham and KSR Now Apply to Design Patents

McDermott Will & Emery on 5/24/2024

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for...more

New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

Butler Snow LLP on 5/7/2024

Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey...more

ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

McDermott Will & Emery on 4/11/2024

Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the...more

ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

McDermott Will & Emery on 4/11/2024

The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have...more

PTAB Denies Parallel IPR Petition

Jones Day on 3/14/2024

The PTAB recently denied Intel’s (Petitioner) parallel IPR petition (IPR2023-01140) against AX Wireless (Patent Owner) challenging certain claims of U.S. Pat. No. 10,917,272. The denial came after Intel filed a separate...more

The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

Perkins Coie on 2/12/2024

A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D...more

Viral DRM on a copyright lawsuit rampage in California

Vondran Legal on 2/12/2024

Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California...more

New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

DarrowEverett LLP on 1/22/2024

On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more

The New York Times v. OpenAI: The Biggest IP Case Ever

Sunstein LLP on 1/11/2024

On December 27, 2023, the New York Times filed a complaint in the Southern District of New York against Microsoft and OpenAI, alleging massive copyright infringement. This promises to be the most high-stakes intellectual...more

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Sheppard Mullin Richter & Hampton LLP on 10/4/2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more

Resource Guide for the Copyright Office Artificial Intelligence Initiative

Sheppard Mullin Richter & Hampton LLP on 10/4/2023

Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...more

[Ongoing Program] Life Sciences Series - Legal Developments in Artificial Intelligence: The Intersection of Generative Artificial...

Venable LLP on 9/26/2023

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our...more

The UPC Means Business: Patentee Wins Preliminary Injunction

McDermott Will & Emery on 9/25/2023

The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments...more

Half an hour for a bifurcation: UPC Central Division rejects preliminary objection after first oral hearing

A&O Shearman on 8/25/2023

The decision concerns the time of filing and admissibility of a revocation action at the Central Division when a parallel infringement action is filed at a local division (Art. 33(4) UPCA). Art 33(4) UPCA states that...more

AI Legal News Summer Roundup: Edition 3

White & Case LLP on 8/10/2023

Welcome to the third edition of our AI Legal News Summer Roundup! After five class actions were filed between June 28 and July 11 (as reported on in our first edition of this series), on July 21, another class action lawsuit...more

Courts and Brand Owners Struggling With SCOTUS Decision Limiting Ability to Police Against Foreign Trademark Infringement

Seyfarth Shaw LLP on 8/9/2023

The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the...more

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