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Two April 2019 circuit court cases clarified copyright infringement of photographs on the Internet. In a case of first impression before the Ninth Circuit, the court opined on the degree of financial benefit required to prove vicarious liability for copyright infringement. In addition, the panel examined jury instructions regarding willfulness in the context of statutory damages. In the Fourth Circuit, the court examined how the infringer’s motives could affect the affirmative defense of fair use. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
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Blockchain Domains: New Developments for Brand Owners
By John McElwaine
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer
By Michael K. Friedland
When is an inventor not an inventor? It’s when the inventor isn’t human. So, if a non-human inventor can’t, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can’t create, it can destroy.
Patent Your Trade Secrets In Wake of Noncompete Ban
By Daniel E. Rose
While it may be growing more difficult to protect business information with the FTC’s noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.
Key Takeaways from the Latest USPTO Guidance on AI
By James DeCarlo
The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.