Cover Story The Intellectual Property Strategist

It is one of the more common questions a trademark practitioner fields at the start of a brand launch: “We found the name we want to use, but somebody else is already using it — and they never registered it. Are we blocked?” Surprisingly, the answer is oftentimes “not necessarily.”

Part One of a Two-Part ArticleThis is the first installment in a two-part series examining the implications of using generative artificial intelligence in the drafting and prosecution of patent applications. In this part, we address privilege and discovery risks that could arise when GAI tools are used in the patent-drafting process, and we identify targeted discovery strategies that patent litigators should consider when challenging patents that may have been drafted with GAI assistance.

If managed with purpose, a patent portfolio can be one of a company’s most valuable strategic assets. Too often, portfolios grow without a clear connection to business objectives, consuming time and money without delivering meaningful value. A thoughtful patent audit helps companies refocus their efforts, reduce waste, and ensure their intellectual property supports long-term growth. Here are practical tips to guide an effective audit.

Patents are not static assets. They are legal instruments shaped over time by prosecution, continuation practice, post‑grant proceedings, and cross‑border filings. Treating them as fixed objects in a fixed landscape misstates the risk.

The Court held that intent is required and that mere awareness of infringement does not establish secondary liability.

Matthew McConaughey secured eight federal trademark registrations covering his voice and iconic catchphrases in a novel legal strategy aimed at combating AI’s unauthorized use of his voice and likeness. The move signals an important evolution in the power dynamics between talent/brands and the companies providing generative AI tools.

Artificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.

For rights holders, platforms and brands, the Disney-Open AI licensing deal illustrates an emerging blueprint for commercializing iconic IP in AI-native formats while attempting to manage legal, regulatory, and reputational risk.