- Three New Supreme Court Cases:by Dennis Crouch on January 30, 2023 at 12:50 pm
by Dennis Crouch Vidal v. Elster. Elster is seeking to register the mark TRUMP TOO SMALL, but was initially rebuffed because the law prohibits registration of a mark consisting of the name of a […]
- Chamberlain Closes on Overhead Doorby Dennis Crouch on January 30, 2023 at 2:37 am
The Chamberlain Group v. Overhead Door Corp., 21-CV-00084 (E.D. Tex. 2023) Overhead door won a jury verdict in this case back in March 2022. However, Judge Gilstrap ordered a partial new trial […]
- Rep. Issa – House IP Leaderby Dennis Crouch on January 30, 2023 at 1:49 am
Ryan Davis at IP360 is reporting that Rep. Darryl Issa is the new chair of the House Subcommittee on Courts, Intellectual Property, and the Internet. He was previously Chair 2015-2019. Issa has […]
- The Briefing by the IP Law Blog: 2023 IP Resolutions Start with a Review of IP Assetsby Scott Hervey and Josh H. Escovedo on January 27, 2023 at 10:18 pm
The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets. Continue Reading
- Jack Daniels vs Bad Spaniels: Funny Jokes and Free Speechby Dennis Crouch on January 27, 2023 at 8:35 pm
It is hard for me to believe that the US Supreme Court is hearing the case of Jack Daniels vs Bad Spaniels. For those who don’t know, Jack Daniels is a form of Whiskey. VIP Products makes and […]
- Copyright and AI – Zarya of the Dawnby Dennis Crouch on January 26, 2023 at 8:12 pm
by Dennis Crouch In a prior post, I mentioned that the Copyright Office had canceled the registration for “Zarya of the Dawn,” a book purportedly created mainly by AI. That was in error […]
- District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101by Eric Caligiuri on January 26, 2023 at 6:02 pm
In Pictometry International Corp. v. Roofr, Inc., the court found the plaintiff’s aerial roof measurement patents encompassed unpatentable subject matter and therefore granted defendant’s motion to […]
- An Update on AI Inventorship and Authorship Casesby Dennis Crouch on January 24, 2023 at 11:10 pm
by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. Thus, no patents for invention wholly conceived by […]
- Mandamus Reasonably Deniedby Dennis Crouch on January 24, 2023 at 10:39 am
In re General Motors Co. (Fed. Cir. 2022) Without much pretense, the Federal Circuit has rejected GM’s petition to the Federal Circuit seeking transfer of its case out of the Western District of […]
- WYWH: A Primer on Artist Trustsby centerforartlaw on January 24, 2023 at 12:34 am
Event review; estate planning vehicles for artists. such artist trusts. The post WYWH: A Primer on Artist Trusts appeared first on Center for Art Law.
- Gambling on Top Flight Footballers: ASA Rulingby Carlton Daniel, Mike Llewellyn, Ailin O'Flaherty and Jack Wood on January 23, 2023 at 2:43 pm
The Advertising Standards Authority (“ASA”) has issued its first ruling under the new rules that prohibit gambling ads with “strong appeal” to under-18s, providing a useful example as to how […]
- Laching-On to Inexcusable Behaviorby Dennis Crouch on January 23, 2023 at 1:01 pm
Guest Post by Jordan Duenckel. Jordan is a second-year law student at the University of Missouri, head of our IP student association, and a registered patent agent. The Federal Circuit released […]
- Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rightsby Dennis Crouch on January 21, 2023 at 7:06 pm
Feb 1, 2023, is the new deadline for providing comments to the USPTO on this RFC. […]
- The Briefing by the IP Law Blog: The Strength of a Trademarkby Scott Hervey and Josh H. Escovedo on January 20, 2023 at 10:07 pm
Trademarks perform a number of important functions. Scott Hervey and Josh Escovedo discuss the spectrum of trademark strength in this episode of The Briefing by the IP Law Blog. Listen to this […]
- Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fictionby Jason Rantanen on January 20, 2023 at 7:37 pm
Guest post by Camilla A. Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, […]
- Trademark and Copyright Cases to Watch in 2023by Josh H. Escovedo on January 19, 2023 at 6:00 pm
Several cases that we previously discussed on “The Briefing” will go before the Supreme Court. Let’s review the IP cases to watch in 2023. Continue Reading
- Drawn from New England: Artistic and Legal Legacy of Tasha Tudorby centerforartlaw on January 16, 2023 at 5:39 pm
By Hanna Tudor[1] In Taylor Swift’s 2022 track and visual “Anti-Hero”, the viewer is invited to the artist’s deepest intrusive thoughts and fears as viewers are taken to her “funeral” […]
- Artists file class-action lawsuit against Stability AI, DeviantArt, and Midjourneyby Andres Guadamuz on January 15, 2023 at 12:50 pm
What many of us had expected has finally happened, artist have sued for copyright infringement a couple of AI companies, as well as an art repository site (complaint here). Is this the end of AI […]
- The Briefing by the IP Law Blog: Viacom Wins Trademark Dispute Over MTV’s ‘Floribama Shore’by Scott Hervey and Josh H. Escovedo on January 13, 2023 at 10:40 pm
An 11th Circuit Opinion in the ‘Floribama Shore’ trademark case provides guidance on establishing artistic relevance under the Rogers Test. Continue Reading
- 2023 IP Resolutions Start with a Review of IP Assetsby Scott Hervey on January 12, 2023 at 6:00 pm
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual […]
- Lensa & the Law: A Story of “Magic” or Theft?by centerforartlaw on January 11, 2023 at 5:51 pm
By Atreya Mathur “By far, the greatest danger of Artificial Intelligence is that people conclude too early that they understand it.” —Eliezer Yudkowsky[1] Again and again, artificial […]
- EU Design Reform Package: More efficient, Affordable, and Future-proof Design Protection Aheadby Dr. Sandra Mueller on January 9, 2023 at 8:06 pm
On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council […]
- The Briefing by the IP Law Blog: Supreme Court Takes Up Jack Daniel’s-Bad Spaniels Trademark Disputeby Scott Hervey and Josh H. Escovedo on January 6, 2023 at 11:51 pm
The Supreme Court granted Jack Daniel’s petition for certiorari and will hear the trademark infringement case involving a parody dog chew toy that resembles the Jack Daniel’s Whiskey […]
- Delaware Judge Seeks to Expose Patent-Litigation Fundersby Jo Dale Carothers on January 5, 2023 at 6:00 pm
Do defendants and the court have the right to ask who is funding a particular patent litigation? Chief Judge Connolly in Delaware says they do, and in In re Nimitz, the Federal Circuit denied a […]
- IP Protection of NFTs: A Comparative Look at the US and Chinaby Paolo Beconcini on January 4, 2023 at 3:48 pm
The author would like to thank John Hodges and Elisa Li for their contributions to this post. The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the […]
- Why I’m still on Twitterby Andres Guadamuz on January 2, 2023 at 1:29 am
I like Twitter. There are many things not to like about the site nowadays, but to me it remains a very interesting and vibrant place in which to spend my time. But after Elon Musk’s takeover, it […]
- The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverickby Scott Hervey and Josh H. Escovedo on December 30, 2022 at 9:08 pm
The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the […]
- Google Escapes Antitrust Challenge from Stock Photo Site After Changes to Its Search Engine Algorithmby James Kachmar on December 29, 2022 at 6:01 pm
Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LLC, […]
- Five Trademark Questions to Ask in the New Yearby Nicole Kinsley on December 19, 2022 at 4:07 pm
As we ring in 2023, sip some champagne and make a resolution to check in on your trademark portfolio more often. It misses you! Here are a few productive questions to ask: Do your registrations […]
- The New York Publicity Bill, Oh Boy: A Balanced Scale for the Entertainment Industry?by centerforartlaw on December 13, 2022 at 4:03 pm
by Soleil Hawley Have you ever wondered about the legality of performances by hologram Elvis and hologram Michael Jackson? Or that AI-generated Anthony Bourdain voice-over? How about this 2015 Audrey […]
- Case Review: The Prosecutor v. Ahmad Al Faqi Al Mahdiby centerforartlaw on December 10, 2022 at 2:12 pm
By Daniela Baiardi Facts of the case are based on ICC court records.[1] For documents, news and recordings, visit HERE. Background In January 2012, armed violence took place in the territory of Mali […]
- Putting the Appeals of Both Sides to Bed: PTAB Rulings on the Patentability of Systems and Methods for Adjusting Air Pressure in a Mattress…by Nicholas Zalany and Bryan Jaketic on December 5, 2022 at 5:32 pm
The Federal Circuit recently handed down an informative decision in American National v. Sleep Number Corporation affirming the Patent Trial and Appeal Board’s final decisions in two inter partes […]
- Spotlight: Swiss Federal Council Approves Creation of an Independent Commission on Nazi Looted Artby Karina Lytvynska on December 3, 2022 at 10:55 pm
By Nikki Vafai In September of 2022, the Swiss Federal Council, the executive body of the federal government of the Swiss Confederation, voted to create an independent commission on Nazi looted art. […]
- Ninth Circuit: Commercial Brand Names Can Be Expressive Speechby David Elkins and Joseph Grasser on November 30, 2022 at 9:10 pm
In Punchbowl, Inc. v. AJ Press, LLC, the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the […]
- UK Regulators Step up the Pressure on Influencer Marketing: Principles for Platforms, Brands and Content Creatorsby Carlton Daniel on November 28, 2022 at 9:14 pm
Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social […]
- Ninth Circuit Holds Foreign Trademark Defendants Can Be Served through USPTOby Joseph Grasser on November 25, 2022 at 8:06 pm
Suing an overseas defendant often forces plaintiffs to go through the expensive and time-consuming process of serving the defendant through the Hague Convention. This requires translating the […]
- Court in Barcelona issues injunction against Mango’s NFT use in the metaverseby Andres Guadamuz on November 25, 2022 at 6:11 pm
Courtesy of the Commercial Law Court in Barcelona (Juzgado de lo Mercantil), we are getting one of the very first rulings dealing with the interface between intellectual property, NFTs, and the […]
- Art-istic or Art-ificial? Ownership and copyright concerns in AI-generated artworkby centerforartlaw on November 21, 2022 at 10:28 pm
By Atreya Mathur Credit: DALL·E 2; text prompts (left to right): painting of a robot holding justice scales; painting of a robot-artist painting flowers; painting of a robot reading a law bookWhat […]
- Degrees of Transformation: Andy Warhol’s 102 minutes of fame before the Supreme Courtby centerforartlaw on November 17, 2022 at 12:57 pm
By James Parker The Supreme Court waited 27 years after deciding the 1994 landmark case of Cambell v. Acuff Rose to revisit the issue of fair use in Google LLC v. Oracle America Inc. Decided in 2021, […]
- ITC Denies Competing Motions for Sanctions For Failure to Comply with the Rulesby Adam Hess and Alex Wolcott on November 17, 2022 at 12:04 am
The U.S. International Trade Commission (“ITC”) continues to be a popular venue for patent litigation under Section 337 of the Tariff Act of 1930. The speed at which Section 337 investigations […]
- From Kiev to Kievby Irina Tarsis, Esq. on November 16, 2022 at 10:55 am
Dear Center for Art Law Visitors and Friends, Over the last few days you might have noticed that our site has been undergoing some changes. We have a “new look” which we are pleased to share with […]
- “Outsider Artists” and Inheritance Law: What Happens to an Artist’s Work When They Die Without a Will?by centerforartlaw on November 11, 2022 at 3:01 pm
By Wenni Iben Introduction Today, Henry Darger (1892-1973) is known to the world as an artist celebrated for vibrant and vividly-colored drawings that now command up to $800,000. During his lifetime, […]
- An AI wrote this blog post about AI copyrightby Andres Guadamuz on November 5, 2022 at 6:12 pm
This was generated with AI Article Writer 3.0, I didn’t edit a single word, you be the judge (thanks to Philippe Jougleux for the idea). Link to the header image here, created with Midjourney. […]
- The Alice Test for Patent Ineligibility in Practice, Part Two: The Federal Circuit Affirms a Dismissalby Nicholas Zalany on November 2, 2022 at 1:00 pm
In a recent post, I discussed a September Federal Circuit decision (Cooperative Entertainment v. Kollective Technology) that reversed a lower court dismissal of a patent infringement case on Section […]
- There ain’t such thing as the metaverseby Andres Guadamuz on November 2, 2022 at 10:11 am
One of the few bragging rights that we have here at Llama Towers is that this blog has gained a reputation as a place where new legal issues get a discussion before they hit the academic mainstream. […]
- What Gives You the Right to Be in This IPR? A Question OpenSky Should Have Answeredby Xiaomei Cai and Frank Bernstein on November 1, 2022 at 4:09 pm
On October 4, 2022, in a 52-page Director review decision in an inter partes review (IPR) proceeding involving recently-formed entity OpenSky Industries LLC, USPTO Director Katherine Vidal sanctioned […]
- Copilot: The next stage in the AI copyright wars?by Andres Guadamuz on October 20, 2022 at 10:30 am
The copyright wars are back, and this time the conflict is all about artificial intelligence. While most of the public has been paying attention to what is going on with AI art tools such as DALL-E, […]
- Legal Ethics for In-House Attorneys Handling Copyright, Trademark & Advertising Mattersby August Horvath on October 17, 2022 at 1:38 pm
Ethical duties are paramount in any legal practice. Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. Even unintentional missteps can be […]
- A visit to the House of Lordsby Andres Guadamuz on October 12, 2022 at 6:50 am
On Tuesday 11 October 2022 I gave evidence to the House of Lords Communications and Digital Committee. Beforehand we were given a set of questions to prepare. While this does not reflect the final […]
- The AI revolution is now open sourceby Andres Guadamuz on September 9, 2022 at 6:30 pm
One of my favourite anime series of all time is the first season of Sword Art Online. It’s a story about your typical massive multiplayer online role-playing game (MMORPG), an earlier Metaverse to […]