- The Briefing by the IP Law Blog – No Beating Around the Bush: TTAB Upholds Anti-Pot Policyby Scott Hervey and Tara Sattler on June 2, 2023 at 10:00 pm
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 […]
- Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Useby Joe Meckes on June 2, 2023 at 2:58 pm
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 […]
- Court Denies Attempts to Compel Disclosure of Litigation Funding Documentsby Eric Caligiuri on June 1, 2023 at 5:00 pm
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 […]
- Guest Post: Jillian Grennan, Charting New Paths in Innovation: Reflections from Harvard’s Innovation Economics Conferenceby Jason Rantanen on May 31, 2023 at 3:16 pm
(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 […]
- Using language models in legal higher educationby Andres Guadamuz on May 31, 2023 at 12:07 pm
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 […]
- Questioning Conventionality and Redefining Process in Patent Eligibility Lawby Dennis Crouch on May 30, 2023 at 9:44 pm
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 […]
- Case Review: Roberts v. Richard Beavers Gallery et al (2022) – on Artistic Tradition and Copyright Infringementby Karina Lytvynska on May 29, 2023 at 2:15 pm
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 […]
- The Briefing by the IP Law Blog: Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appealby Scott Hervey and Josh H. Escovedo on May 26, 2023 at 10:26 pm
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
- The Silent Echo: Supreme Court’s Non-Engagement with the Federal Circuit in Amgen v. Sanofiby Dennis Crouch on May 26, 2023 at 9:23 pm
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 […]
- Guest Post: Piers Blewett, Bridging the Gap: IP Education for All with SLW Academyby Jason Rantanen on May 25, 2023 at 6:05 pm
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 […]
- Challenges of Proving Inventorship: Corroboration of All Inventive Factsby Dennis Crouch on May 25, 2023 at 5:43 pm
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 […]
- SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Useby Josh H. Escovedo on May 25, 2023 at 5:00 pm
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
- Devil’s Dictionary of Patent Lawby Dennis Crouch on May 25, 2023 at 4:47 pm
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 […]
- Guest Post: Margo Bagley, The Diversity Pilots Initiativeby Jason Rantanen on May 24, 2023 at 6:23 pm
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 […]
- PTAB Finds Patentee Breached Duty of Candor During IPR But in Doing So Conflates Rule 56 and IPR Candor Rulesby David on May 24, 2023 at 2:18 pm
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 […]
- Artist Feature Series: In Conversation with Hilde Lynn Helphenstein/ Jerry Gogosianby Karina Lytvynska on May 23, 2023 at 10:56 pm
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- For Background Purposes: Prep for an Artist Interviewby centerforartlaw on May 23, 2023 at 9:57 pm
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 […]
- Some Thoughts on Amgen v. Sanofiby Holman on May 23, 2023 at 9:37 pm
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 […]
- Summary Judgment Denial and Its Ramifications for Attorney Fee Motionsby Dennis Crouch on May 23, 2023 at 4:57 pm
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 Briefing by the IP Law Blog: AI Generated Fake Drake Song – Legit or Lawsuit?by Scott Hervey and Josh H. Escovedo on May 19, 2023 at 8:58 pm
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 […]
- The Rise of Influencer Marketing – Contractual Considerationsby Sera Kaplan and Carlton Daniel on May 19, 2023 at 4:18 pm
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 […]
- Legit or Lawsuit – Fake Drake AI Songby Scott Hervey on May 18, 2023 at 5:00 pm
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 […]
- Federal Circuit Holds that Software Plaintiff Bears Evidentiary Burden of Copyrightability Where Defendant’s Evidence Shows Some Elements…by Joe Meckes on May 18, 2023 at 3:58 pm
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 […]
- Automating Entertainment: Writers Demand that Studios Not Use AIby Susie Ruiz-Lichter on May 17, 2023 at 6:07 pm
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 […]
- Don’t let the Sun Go Down on EU 2: Proposed further changes to UK plans for Retained EU Law post Brexit and guidance on IP provisionsby Paul Jinks on May 16, 2023 at 3:09 pm
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 […]
- Ghostwriter in the Machine: Copyright Implications for AI-Generated Imitationsby Joseph Grasser and Susie Ruiz-Lichter on May 16, 2023 at 2:35 am
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 […]
- The Briefing by the IP Law Blog: Chipotle and Sweetgreen Settle Food Fight Over CHIPOTLE Trademarkby Scott Hervey and Josh H. Escovedo on May 12, 2023 at 8:27 pm
Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Continue Reading
- Don’t let the Sun Go Down on EU: Changes to UK plans for Retained EU Law post Brexitby Paul Jinks on May 12, 2023 at 2:15 pm
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) […]
- Attorney Fees Denied Due to Lack of Support in Cannabis Litigation Recordby Jo Dale Carothers on May 11, 2023 at 5:00 pm
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 […]
- Labeling Misappropriated Nazi-Era Art: Issues with Compelling Signage at New York Museumsby centerforartlaw on May 11, 2023 at 9:32 am
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 […]
- WYWH: A Series of Talks and Workshops in Immigration Participation in the Artsby centerforartlaw on May 10, 2023 at 10:18 pm
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 […]
- DAOs in the Art World: From the U.S. Constitution to NFTsby centerforartlaw on May 9, 2023 at 1:01 pm
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 […]
- The Briefing by the IP Law Blog: Woodward Asks Court to Dump Trump’s Complaintby Scott Hervey and Josh H. Escovedo on May 5, 2023 at 9:10 pm
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 Subvertising Movement: Protecting your Brand from “Brandalism”by Carlton Daniel on May 5, 2023 at 7:38 pm
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 […]
- Photographer sues LAION for copyright infringementby Andres Guadamuz on May 5, 2023 at 9:44 am
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?” […]
- Apple Prevails on “Epic” Antitrust Claimby James Kachmar on May 4, 2023 at 5:00 pm
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 […]
- Aftermath of Ironburg – Practice Pitfalls and Pointersby Frank Bernstein on April 27, 2023 at 8:33 pm
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 […]
- Innovations in Protecting Art and Design: Placing Mexico’s recent ban on cultural appropriation in greater contextby Karina Lytvynska on April 27, 2023 at 1:58 pm
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 […]
- World IP Day 2023: Accelerating Inclusivity of our IP Systemsby Tamara Fraizer on April 26, 2023 at 1:46 am
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 […]
- Victory for Yuga Labs in NFT disputeby Andres Guadamuz on April 22, 2023 at 8:51 pm
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 […]
- Interview with Corine Wegener about the 1954 Hague convention and the US Committee of the Blue Shield working for Ukraine since the…by centerforartlaw on April 18, 2023 at 11:48 pm
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 […]
- Artificial intelligence is neither hype nor utopiaby Andres Guadamuz on April 15, 2023 at 6:47 pm
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 […]
- Dissolution of Nonprofit Foundationsby centerforartlaw on April 14, 2023 at 11:29 am
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 […]
- Copyright Ownership and Performance Artby centerforartlaw on April 10, 2023 at 3:45 pm
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 […]
- WEBINAR: The Metaverse and Beyond: 10 Trademark & Copyright Tips for Consumer Products Companiesby Joshua Jarvis on April 4, 2023 at 1:53 pm
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 […]
- Putting Bard and ChatGPT to the testby Andres Guadamuz on March 23, 2023 at 4:55 pm
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, […]
- Looking for a model of the Metaverseby Andres Guadamuz on March 16, 2023 at 12:43 pm
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 […]
- Openness, AI, and the changing creative landscapeby Andres Guadamuz on March 4, 2023 at 12:48 pm
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 […]
- AI copyright infringement article now available for commentby Andres Guadamuz on February 26, 2023 at 10:54 am
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). […]
- WEBINAR: Top IP Cases in 2022by Nicole Kinsley on January 19, 2023 at 5:22 pm
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, […]