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Features

When It Comes to Trademark Searches, AI Misses the Mark Image

When It Comes to Trademark Searches, AI Misses the Mark

Paula Hopkins & Andrew Price

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.

Features

Finding the Balance Between Protecting Trade Secrets and Public Safety Disclosures Image

Finding the Balance Between Protecting Trade Secrets and Public Safety Disclosures

Payam Ahmadi

This article discusses the current landscape for trade secrets as they relate to autonomous vehicles, and examines the competing objectives of requiring disclosure of internal information for public safety demands versus vehicle companies protecting their confidential information as trade secrets.

Features

When the Bunny Fights the Copper Top: How Iconic Battery Brands Try to Manufacture Difference In a Commodity Category Image

When the Bunny Fights the Copper Top: How Iconic Battery Brands Try to Manufacture Difference In a Commodity Category

Allen Adamson

When Duracell filed suit against Energizer alleging that Energizer falsely claimed its “Energizer MAX lasts 10% longer than Duracell Power Boost,” the case seemed like just another round in the long-running rivalry between the Copper Top and the Energizer Bunny. But the lawsuit demonstrates that even the strongest brands in parity categories struggle to remain meaningfully different when the underlying technology is essentially the same.

Features

Ninth Circuit Indicates Willingness to Change Substantial Similarity Test for Copyright Infringement Image

Ninth Circuit Indicates Willingness to Change Substantial Similarity Test for Copyright Infringement

Catherine Nyarady & Crystal Parker

The United States Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement.

Columns & Departments

IP News Image

IP News

Jeffrey Ginsberg & Shelli Gimelstein

Federal Circuit: “Complete Identity of Inventive Entity” Required to Remove Prior Art as Not By “Another” Under Pre-AIA LawFederal Circuit: No Trade Secret Misappropriation By Goodyear nor Correction of Inventorship Warranted Because of Coda’s Failure to Show Specificity, Secrecy, or Evidence of Use

Features

Disney-OpenAI’s Sora Deal Signals for IP, Licensing and Responsible AI Image

Disney-OpenAI’s Sora Deal Signals for IP, Licensing and Responsible AI

Reber “Mitch” Boult & Joshua Rojas

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.

Features

Protecting AI As a Trade Secret Can Create a ‘Goldilocks’ Problem Image

Protecting AI As a Trade Secret Can Create a ‘Goldilocks’ Problem

David Baake

Based on a review of recent case law, this article identifies three considerations that practitioners should pay attention to in cases involving AI trade secrets.

Features

New York Algorithmic Pricing Disclosure Act Examined for Effect On Commercial Speech Image

New York Algorithmic Pricing Disclosure Act Examined for Effect On Commercial Speech

Stephen M. Kramarsky

The opinion in the case that upheld New York's algorithmic pricing disclosure law offers a thorough analysis of the issues surrounding regulation of this kind of technology, and it is worth a closer look as the battle is likely to continue in New York and across the country.

Features

Federal Circuit Reasserts Limits On USPTO Authority In 'KAHWA' Ruling Image

Federal Circuit Reasserts Limits On USPTO Authority In 'KAHWA' Ruling

Andriy Lytvyn

The decision reasserts important limits on the USPTO’s authority, particularly its reliance on unverified foreign-language translations, hypothetical assumptions about what businesses “might” offer in the future, and tenuous connections between a word and a service category.

Columns & Departments

IP News Image

IP News

Howard Shire & Di’Vennci Lucas

Coloring In the Lines of the TTAB: Medisafe’s Dark Green Gamble

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