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Among the ways social media platforms have tried to distinguish notable account holders such as celebrities, public figures, and brand names from impostors and inspire trust on their platforms, the blue checkmark appears to be most popular. Social media platforms have traditionally recognized such accounts by adding the blue checkmark next to the handles once the platforms have verified the authenticity of the accounts. However, the recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms’ verification and authentication processes. Indeed, Twitter recently altered course with the “Twitter Blue” program, which is an “opt-in, paid monthly subscription that adds a blue checkmark to [an] account ….” Soon thereafter were reports of an increase in impersonation on the platform, with accounts purportedly owned by companies and public figures posting misleading or false content. These recent events show that monitoring and policing trademark infringements and right of publicity violations can be increasingly difficult in the social media context.
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By Reid Knabe and Bita Rahebi
This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.
Emerging Legal Terrain: IP Risks from AI’s Role In Drug Discovery
By Fredrick Tsang, Antonia Sequeira and Carl Morales
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
LLM Customization With A Path to Human Inventorship and Patent Rights
By Jim Soong
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Adidas Stripe Design Battle Reveals Intricacies of Trademarks In the Fashion World
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder
Although the bitter legal battle between Adidas and Thom Browne is far from over on either side of the pond, the case illustrates the challenges of ensuring trademark protection for simple and widely employed design elements.