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And Texas Makes Ten? – Texas Legislature Sends Comprehensive Consumer Data...

On May 10, 2023, the Texas State Senate passed H.B. 4, titled the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor Abbott’s desk for final signature. If signed into law,...

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No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy...

When award-winning photographer Lynn Goldsmith snapped a portrait of the artist formerly known as Prince for Newsweek in 1981, she could not have predicted the cultural and legal impact the pop...

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Jack Daniel’s Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark...

Images from Opinion of the Supreme Court of the United States. On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniel’s in the case of Jack Daniel’s Properties, Inc....

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Sanctions Handed Down to Lawyers Who Cited Fake Cases, Relying on ChatGPT

United States District Court Judge P. Kevin Castel issued an opinion on June 22, 2023, imposing sanctions and other penalties on the attorneys who relied on the artificial intelligence application,...

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The Supreme Court Limits the Extraterritorial Reach of the Lanham Act

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark...

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Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over...

This blog is an update to “Legal Issues with Using AI to Create Content – Written with Help from AI” by Devin Ricci on April 28, 2023 On August 18th, the United States District Court for the District...

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Apple Watch Ban Highlights Pros and Cons of Litigating Patents at the...

The big patent news this holiday season involves a purported ban on the new Apple Watch. In October 2023, the International Trade Commission (the “ITC”) ruled that the blood oxygen monitoring features...

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Copyright Office Rejects Another Bid to Register Artwork “Co-Authored” by AI

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above.  The artwork, entitled...

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USPTO Issues Inventorship Guidance For AI-Assisted Inventions

In the fall of 2023, the Biden Administration issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.[1] In section 5.2 of the order, the...

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DON’T FORGET THE ®!

An owner of a trademark or service mark used in commerce may request registration on the principal register by filing an application with United States Patent and Trademark Office.  The registration...

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