- Finding More Than Studs: Domestic Industry Nexus Tightensby Dennis Crouch on May 8, 2024 at 7:09 pm
by Dennis Crouch I always struggle to use these stud finders; I think its hard for them to focus when I’m around. Zircon Corp. v. International Trade Commission, No. 2022-1649 (Fed. Cir. May 8, […]
- Eolas Seeks Supreme Court Review of Federal Circuit’s Patent Eligibility Decisionby Dennis Crouch on May 8, 2024 at 11:43 am
Eolas is seeking a writ of certiorari from the Supreme Court — hoping that the court will overturn the Federal Circuit’s decision invalidating its distributed computing (WWW) claims as ineligible […]
- Case Review: Hermès International v. Rothschildby centerforartlaw on May 7, 2024 at 2:43 pm
By Harper Johnson A legal dispute between the Los Angeles based artist known as Mason Rothschild, the creator of the MetaBirkin NFTs, and Hermès, the French company that has been manufacturing the […]
- Patenting Informational Innovations: IOEngine Narrows the Printed Matter Doctrineby Dennis Crouch on May 6, 2024 at 4:43 pm
by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to […]
- From Stolen Heritage to Restitution: The Story Behind Looted Artby centerforartlaw on May 6, 2024 at 3:39 pm
By Amanda Buonaiuto What is Looted Art? Looted art, also known as stolen art, refers to artifacts that have been unlawfully taken from their rightful owners through various means, such as theft and […]
- Cycling Towards Confusion: Is there room for iFIT Fitness Services and iFIT Safety Glasses?by Dennis Crouch on May 5, 2024 at 5:26 pm
by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate […]
- Amazon Patent Enforcement Process Can Create Personal Jurisdictionby Dennis Crouch on May 3, 2024 at 4:02 pm
by Dennis Crouch In a significant decision on personal jurisdiction in patent cases, the Federal Circuit held that using Amazon’s patent enforcement process (APEX) to target an alleged […]
- Federal Circuit Untangles Trademark Disputeby Dennis Crouch on May 2, 2024 at 1:55 pm
by Dennis Crouch Araujo v. Framboise Holdings Inc., No. 23-1142 (Fed. Cir. Apr. 30, 2024). In this appeal, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining […]
- Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringersby Dennis Crouch on May 1, 2024 at 7:08 pm
by Dennis Crouch The Federal Circuit’s new decision in Intellectual Tech LLC v. Zebra Techs. Corp., No. 2022-2207 (Fed. Cir. May 1, 2024) offers some interesting insight into leveraged patent […]
- Moonbirds and CC0: Problems with NFT licensing and the public domainby Andres Guadamuz on May 1, 2024 at 4:55 pm
It’s been a while since we talked about NFTs here at Llama Towers, this is mostly because not a lot has been happening, but it is also due to most of my attention being directed to artificial […]
- Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Artby Dennis Crouch on April 30, 2024 at 2:30 pm
by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often […]
- The Art of Case Law Precedentby centerforartlaw on April 30, 2024 at 7:52 am
By Olivia Zinzi and Dea Sula Precedent, “[a] professional name for the aggregate of reported cases as forming a body of jurisprudence; or for the law of a particular subject as evidenced or formed […]
- Ikorongo Challenges Federal Circuit’s Heightened “Same Invention” Requirement for Reissue Patentsby Dennis Crouch on April 29, 2024 at 5:18 pm
by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” […]
- The Non-Compete Ban: Impact on Patenting and Challenging Implementationby Dennis Crouch on April 27, 2024 at 9:02 pm
by Dennis Crouch Non-compete agreements fly under the radar for most American lawyers. One reason is that such restrictions have long been banned within legal practice. As an example, the American […]
- The Politics of Looking: Post-Mortem Privacy & Ethics in Contemporary Photographyby centerforartlaw on April 26, 2024 at 4:38 pm
By Divya Srinivasan The photographic documentation of the deceased body has occurred for decades. While photographers’ intentions vary, controversy surrounds this practice, resulting in discourse […]
- Ask SAM: Navigating NAGPRA Challenges in Museums, with a Focus on the Seattle Art Museumby centerforartlaw on April 25, 2024 at 4:18 pm
By Claire Killian What is NAGPRA? In the ecosystem of cultural heritage and museum governance, the Native American Graves Protection and Repatriation Act (NAGPRA) stands as the pivotal piece of […]
- Artificial Intelligence versus/& Human Artists: AI as a Creative Collaborator in Artby centerforartlaw on April 16, 2024 at 10:43 am
Photo: Regen 1.0.2 by Colleen Hoffenbacker By Atreya Mathur “Recently, I’ve integrated artificial intelligence into my digital process to harmonize the cutting-edge technology with timeless human […]
- “Shhhhhh”: Kat Von D and Tattoo Fan Art – Sedlik v. Von Drachenberg (2021)by centerforartlaw on April 16, 2024 at 9:43 am
By Alexandra Materia Tattoos place another wrinkle into the realm of copyright law and their interaction with the fair use defense. Famously in Andy Warhol Foundation for the Visual Arts, Inc. v. […]
- Serra Set Precedent: An Art Law Homage to Richard Serraby centerforartlaw on April 15, 2024 at 8:06 am
By Olivia Zinzi The recent death of an octogenarian titan of 20th century sculpture, Richard Serra (1938-2024), is a fine opportunity to revisit the influential 1987 art law decision which gave wind […]
- Unexpected Deregulation: New York City Shakes Up Art Market by Repealing Long-Standing Auction Industry Regulationsby centerforartlaw on April 11, 2024 at 12:47 pm
While the repeal has surprised many due to its unforeseen nature, it seems unlikely to result in as much change as some may have feared. Disclosures, which improve transparency, consistency, and […]
- To delve or not to delve: AI detection made easy?by Andres Guadamuz on April 11, 2024 at 9:18 am
There’s growing controversy online about the use of the word “delve” as an easy detector of whether a text has been written by an AI. I have to admit that I’m personally sad to see the word […]
- Protecting Culture in Times of Conflictby centerforartlaw on April 8, 2024 at 5:35 pm
By Eric J. Simon Armed conflicts can potentially destroy not only human lives but also entire cultures. As Dr. Patty Gerstenblith, Distinguished Research Professor of Law at DePaul University, stated […]
- The end of the online mob and the end of shared realityby Andres Guadamuz on April 6, 2024 at 10:37 am
I have to admit that I have always been a realist, yet, when it comes to technology, I tend to side with the enthusiastic optimists. For many years, I shared the illusion (and perhaps common […]
- Forgotten Dystopias: The Godlike AI That Time Forgotby Andres Guadamuz on March 29, 2024 at 4:53 pm
If I were to ask you about a film depiction of artificial intelligence, there are quite a few candidates that would pop into one’s head. My mind tends to immediately jump to some classics, such as […]
- The EU AI Act and copyrightby Andres Guadamuz on March 14, 2024 at 11:39 pm
The European Parliament has approved the AI Act (voted version here), setting in motion its publication in the official journal in the next few months (given further edits). While full implementation […]
- VCRs, tape recorders, and AIby Andres Guadamuz on March 9, 2024 at 6:18 am
The AI copyright infringement cases are increasing rapidly, not only in the US but also in the UK and China. The number of cases is so high that it’s impossible to keep track of all of them, but […]
- Do you own your voice? The challenges of voice cloningby Andres Guadamuz on February 25, 2024 at 2:58 pm
A couple of weeks ago I was discussing in class how some comedians cloned George Carlin‘s voice, and the subsequent lawsuit by his estate. I won’t go into any details, Aaron Moss has written the […]
- Barcelona court rules in favour of defendant in NFT metaverse copyright caseby Andres Guadamuz on February 4, 2024 at 12:25 am
A Commercial Court in Barcelona has made a ruling in a novel copyright dispute between fashion shop Mango and the Spanish collective society for artists VEGAP (text of the decision in Spanish here). […]