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
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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
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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...
How Artists Navigate Post-Mortem Transfers
copyrights
For an artist – or, the author in copyright law – the work is more than just paint on canvas or files on a drive; it is a legal asset. Without a clear roadmap for what happens when you pass away,...
The Notice of Allowance
allowance patents trademarks
In the world of intellectual property prosecution, receiving a Notice of Allowance (NOA) from the United States Patent and Trademark Office (USPTO) is generally a reason to celebrate. Normally, it...
Foundation of a Brand: the House Mark
house mark trademarks
In the world of branding, not all trademarks are created equal. While you might have a dozen different names for specific products, there is often one name that rules them all – the House Mark. Think...
SCOTUS Confirms Copyrights to Only Humans
ai artificial intelligence copyrights
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The U.S. Supreme Court’s decision to deny Stephen Thaler’s petition for writ of certiorari in Thaler v. Perlmutter effectively solidifies – at least for now – the human authorship requirement as the...
Fuck No: Understanding Failure-to-Function Refusals
failure to function informational ornamental
+3 more
In the world of trademark law, there is a common misconception that simply using a word or logo on a product makes it a mark. However, the USPTO often issue a failure-to-function refusal – a...
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