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The Eastern District of Michigan is host to the latest in a series of lawsuits brought all across the country involving an intellectual property dispute between a high-profile brand owner and street artists whose work is featured without compensation in an advertisement campaign by that brand owner. See, e.g., Mercedes Benz USA LLC v. Bombardier, Docket No. 2:19-cv-10951 (E.D. Mich. Mar 29, 2019); Mercedes Benz USA LLC v. Soto et al, Docket No. 2:19-cv-10949 (E.D. Mich. Mar 29, 2019); Mercedes Benz USA LLC v. Lewis, Docket No. 2:19-cv-10948 (E.D. Mich. Mar 29, 2019). On March 29, 2019, Mercedes Benz (Mercedes) brought three declaratory judgment actions against the artists Daniel Bombardier, Maxx Gramajo, James “Dabls” Lewis, and Jeff Soto. In each action, Mercedes is seeking a declaration of non-infringement, fair use, exemption under the Architectural Works Copyright Protection Act (AWCPA), and the Digital Millennium Copyright Act (DMCA) for its use of the artists’ work. In turn, Defendants filed a motion to dismiss and a further response on May 15, 2019.
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Beyond Language: How Multimodal AI Sees the Bigger Picture
By Matthew R. Carey
The possibilities for patenting innovative applications of multimodal models across industries are endless.
Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?
By Ed Lanquist, Jr. and Dominic Rota
Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.
Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship
By Stan Soocher
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties’ relationship to determine whether a fiduciary relationship existed.
Federal Judge Blasts Patent Trolls
By Rob Maier
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for “patent trolls” — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.