Court Finds Tweet To Be Fair Use
Dr. Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. He markets the books through online retailers and his own website. One of the...
View ArticleCopyright Office Denies Registration of Computer-Generated Art
Steven Thaler filed an application for copyright registration in a two-dimensional image entitled “Creativity Machine”. In his application, Thaler stated that the work “was autonomously created by a...
View ArticleNew Allen Toussaint Legacy Act Creates a Right of Publicity in Louisiana
On June 15, 2022, Governor John Bel Edwards signed into law Act No. 425, S.B. 426, named the “Allen Toussaint Legacy Act.”[1] The Act is named after the late Allen Toussaint, a famous New Orleans...
View ArticleLegal Issues with Using AI to Create Content – Written with Help from AI
Artificial Intelligence (AI) is a rapidly growing field that has the potential to revolutionize many aspects of our lives. One area where AI has already made significant inroads is in content...
View ArticleAnd 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,...
View ArticleNo 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...
View ArticleJack 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....
View ArticleSanctions 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,...
View ArticleThe 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...
View ArticleThaler 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...
View ArticleApple 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...
View ArticleCopyright 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...
View ArticleUSPTO 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...
View ArticleDON’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...
View Article