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It is no secret that the daily lives of U.S. employees have changed drastically since 2020. Hybrid or fully remote work arrangements plus temporary or permanent relocation have blurred lines and shifted norms around how and where work is performed. These changes present numerous administrational and legal challenges to employers. Significantly, they have also necessitated new practices and policies to ensure that employers own and retain all necessary rights in intellectual property that their employees create.
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By Christopher P. Bussert
This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.
Federal District Court Denies Copyright to AI-Generated Art Piece
By Richard L. Hathaway
Recognizing that U.S. “copyright law protects only works of human creation,” the court determined that the Copyright Office “acted properly in denying copyright registration for a work created absent any human involvement.”
Supreme Court to Consider If Lanham Act’s Name Trademark Prohibition Violates First Amendment
By Catherine Nyarady and Crystal Parker
This case has important implications not only for trademark registrations, but also potentially in determining collisions between trademark rights, rights of publicity, and freedom of speech considerations in future cases.
Trade Secret Protection for Consumer-Facing Products
By Stephen M. Kramarsky and John Millson
Intellectual property laws, including copyright, patent, trademark and trade secret laws can provide avenues for companies to protect their IP. But it’s not always clear what assets are protectable and what are not.
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