Intellectual Property

The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara […]

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent […]

In GoTV Streaming, LLC v. Netflix, Inc., 2-22-cv-07556 (CDCA May. 24, 2023) (Shashi H. Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV […]

(Editor’s note: (This post is part of a series by the Diversity Pilots Initiative, which advances inclusive innovation through rigorous research. The first blog in the series is here, and […]

It is trite to point out that the launch of ChatGPT and the subsequent deployment of other language models such as Bard have created quite a stir in different fields. The capability of asking […]

by Dennis Crouch In CareDx v. Natera, an intriguing amicus brief was recently filed by the Honorable Paul Michel (Ret.) and Professor John Duffy in support of the patentee petitioners Stanford and […]

A lawsuit filed by artist Deborah Roberts against artist Lynthia Edwards and Richard Beavers Gallery in August of 2022 for “willful copyright infringement” raises the question of how artists […]

MLB player Aaron Judge went before the TTAB to block a person’s attempt to secure trademark rights for slogans that play on his name. Continue Reading

by Dennis Crouch Prof. Chris Holman recently characterized Amgen v. Sanofi as an “endorsement of the Federal Circuit’s current interpretation and application of the enablement requirement, and […]

Editor’s note: this post is part of a series by the Diversity Pilots Initiative, which advances inclusive innovation through rigorous research. The first blog in the series is here and resources […]

by Dennis Crouch Medtronic, Inc. v. Teleflex Innovations S.A.R.L., — F.4th — (Fed. Cir. 2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide […]

The U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Continue Reading

Longtime patent attorney Martin Abramson just sent me a copy of his short 153 page book titled The Devil’s Dictionary of Patent Law & Beyond: Tapping the Funny Bone of Patent Law.  I just […]

Editor’s note: This post is the first in a series relating to the Diversity Pilots Initiative, a project co-organized by Professors Margo Bagley & Colleen Chien along with Professor Jillian […]

By David Hricik, Mercer Law School In a single decision issued by several panels, the Board held that the patentee had failed to act in good faith by, boiled down, intentionally withholding material […]

Dear Reader, This content is restricted and available on demand. Please consider become a premium member or Buy Access Thank you The post Artist Feature Series: In Conversation with Hilde Lynn […]

Atreya Mathur and the Center for Art Law Team Before the Interview: About Yayoi Kusama and collaborations with Louis Vuitton Yayoi Kusama, a Japanese artist, has dedicated over six decades to the […]

By Chris Holman Much has been already been written about the Supreme Court’s recent decision in Amgen v. Sanofi, including Dennis’s prompt response. Speaking for myself, I read Amgen as an […]

by Dennis Crouch In OneSubsea IP v. FMC Tech (Fed. Cir. 2023), the court has affirmed a district court denial of attorney fees for the successful defendant. A key holding in the case is that denial […]

The Universal Music Group is accusing a TikTok creator of copyright infringement after they published an AI-Generated song that was made to sound like a Drake and Weeknd collaboration. Scott […]

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture, the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a […]

Earlier this month, a new Drake and Weeknd collaboration disrupted the Internet. The only problem was it wasn’t a Drake and Weeknd collaboration after all. The song “Heart on My Sleeve” was […]

In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor […]

When the Writers Guild of America (WGA) came with their list of demands in the strike that has already grinded production on many shows to a halt, chief among them was that the studios agree not to […]

We reported last week on the UK government’s decision to reduce the scope of its proposed Retained EU Law (Revocation and Reform) Bill. As originally drafted had that bill become law then all […]

A track called “Heart on My Sleeve” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. The pantomimed artist was […]

Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Continue Reading

There has been considerable media coverage in the UK this week following the government’s announcement that it is to reduce the scope of its controversial Retained EU Law (Revocation and Reform) […]

In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. Patent No. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts […]

By Sophia Williams From 1933 to 1945, during the Nazi party’s rise to power, the Nazis looted, confiscated, or involuntarily transferred more than half a million artworks owned by Jewish art […]

By Sophia Williams In April 2023, to explore how immigration issues intersect with the world of the arts, Center for Art Law hosted a series of virtual events – a clinic, workshop, and colloquium […]

Dear Reader, This content is restricted and available on demand. Please consider become a premium member or Buy Access Thank you The post DAOs in the Art World: From the U.S. Constitution to NFTs […]

Journalist Bob Woodward asked the court to dismiss former President Trump’s copyright infringement claim regarding Woodward’s audio book “Rage,” which consists of an audio interview with […]

The authors would like to thank Eben Kurtz for his valuable contribution to this post. Heard of the climate activists defacing advertisements, billboards and bus shelters? Brandalism is a recent […]

A fascinating case that could test the limits of several exceptions under EU copyright law is developing right now in Germany. Photographer Robert Kneschke used the website “Have I Been Trained?” […]

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. v. Apple, Inc., and affirmed the trial court’s ruling in Apple’s favor as to Epic’s Sherman Act claim for restraint […]

A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the […]

Dear Reader, This content is restricted and available on demand. Please consider become a premium member or Buy Access Thank you The post Innovations in Protecting Art and Design: Placing Mexico’s […]

Every year, on April 26, intellectual property organizations around the world observe “World IP Day” – an event established by the World Intellectual Property Organization (WIPO) to raise […]

Yuga Labs, the makers of the popular NFT collection Bored Ape Yacht Club, has won a major legal victory on their ongoing litigation against artist Ryder Ripps. The claimants filed a motion for […]

EDUCATION The University of Kansas, M.A. Political Science; M.A. Art history. University of Nebraska at Omaha, B.G.S., Political Science. SELECT PUBLICATIONS Wegener, Corine. “Rescuing heritage […]

A few years ago, a student came to see me during office hours to talk about their assignment. They were upset because their essay had received a low mark—not a fail, but much lower than expected. I […]

By Natalie Glitz Grumhaus There are many reasons that a nonprofit foundation may feel the need to dissolve.[1] When James and Charlotte Brooks Foundation decided to fully dissolve in 2015, only five […]

By Nicky Frankel From Yoko Ono’s demonstration of compliance in her work Cut Piece (1964) to Gina Pane’s display of Vietnam War rebellion in Escalade non Anesthésiée (1971) (Unanesthetized […]

How do companies develop, protect, and enforce their brands and content across the ever-growing landscapes of Web 3.0? Lawyers from Foley Hoag’s Trademark, Copyright & Unfair Competition […]

I now have access to both ChatGPT and Bard, so I thought I would set them the same question, so I asked both this prompt: “write a 700 word blog post about image rights”. Here are the results, […]

There aint’ such a thing as the Metaverse. At least not in the sense that most people think about it. It’s a marketing ploy, a way to try to change the fortunes of a dwindling social media […]

If you’ve been following the AI scene, you may have seen a video by Corridor Crew entitled Anime Rock, Paper, Scissors. The video is a short animation telling the story of twin brothers who want to […]

I have now uploaded my latest article on copyright and artificial intelligence to SSRN, and I’m looking for constructive feedback (the article can be found here or if SSRN isn’t working, here). […]

Who said there’s no looking back? It is crucial to consider key takeaways from the most important IP cases in 2022 when planning for 2023. Foley Hoag presented a 60-minute webinar on Thursday, […]