Real-World Marketplace Conditions Must Be Considered in Confusion Analysis
TTAB collateral estoppel issue preclusion
+2 more
On June 8, 2026, the Second Circuit Court of Appeals issued its opinion in Peju Province Winery L.P. v. Cesari S.R.L.. The long-running trademark battle centered on whether a 2004 Trademark Trial and...
Don’t Out-Funk the System, Or the System Funks Back
authorship copyrights damages
+2 more
On May 27, 2026, the Sixth Circuit Court of Appeals issued the opinion in Estate of Worrell v. Thang, Inc. The case involved the estate of legendary Parliament-Funkadelic (P-Funk)...
The Invisible Leak: Generative AI and the Threat to Corporate Trade Secrets
ai artificial intelligence trade secret misappropriation
+1 more
The adoption of generative AI has fundamentally shifted how businesses operate. Millions of professionals feed data into AI chatbots every day to draft communications, optimize software, or analyze...
Kat Von D Case Vacated; Case to Be Heard En Banc
Thirteenth Amendment copyrights fair use
+3 more
On June 9, 2026, the Ninth Circuit Court of Appeals issued an order vacating the recent Sedlik v. Von Drachenberg case, which we discussed on the blog. In that opinion, the three-judge panel held...
The Next Tech Frontier: AI, Inventorship and Patents
ai artificial intelligence inventorship
+3 more
The global patent system was designed during the Industrial Revolution to reward human ingenuity and foster technological progress. But today, we find ourselves in the midst of an AI revolution,...
The Next IP Battleground: Navigating Trademarks and AI
ai artificial intelligence descriptiveness
+3 more
While the legal battles between generative AI and copyright have dominated the headlines, a secondary, equally volatile storm is brewing in the world of intellectual property: trademarks. Trademarks...
Navigating the Copyright and AI Battleground
ai artificial intelligence copyright infringement
+6 more
The landscape of intellectual property has been fundamentally disrupted. Generative artificial intelligence (AI) tools have altered the creativity process, enabling anyone with an internet connection...
Geographical Indications
appellations of origin generic marks genericism
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This blog posting will briefly discuss geographical indications (GIs), a somewhat little-known intellectual property right. What are geographical indications? It is a collective IP right — belonging...
Penetrating the Fortress Iron with a Missing Inventor
due process inventorship issued patents
+2 more
While the statute, 35 U.S.C. §256, provides a mechanism to correct inventorship after a patent has issued, a recent Federal Circuit decision, Fortress Iron, LP v. Digger Specialties, Inc., serves as...
Supreme Court Rules for ISPs in Landmark Copyright Case
DMCA ISP contributory infringement
+4 more
On March 25, 2026, the United States Supreme Court issued the unanimous, landmark decision in Cox Communications, Inc. v. Sony Music Entertainment, reversing a $1 billion jury verdict against Cox, a...
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