Features
The Rise of ‘Settled Expectations’ In USPTO Review and the Fallout for Patent Owners and Challengers
The landscape for discretionary denials at PTAB is evolving quickly; both patent challengers and owners must adapt their strategies to ensure they are not left behind by the USPTO’s new approach.
Features
WTF? Round Two: The Federal Circuit Grants Brunetti (and Trademark Owners) a Reprieve
In August, the Federal Circuit issued a surprisingly self-critical ruling in the long-standing dispute between Erik Brunetti and the USPTO over Brunetti’s efforts to register the term F*CK for a wide variety of goods and services. The Federal Circuit concluded that the Board’s decision in In re Brunett lacked sufficient clarity and therefore vacated it for further proceedings, which although facially unremarkable, may not only prove to be a boon to Brunetti, it may also be highly beneficial to many trademark owners who have been forced to wrestle with failure-to-function refusals.
Features
Supreme Court Set to Address Procedural Inconsistencies and Claims of Unconstitutional Vagueness Attributed to CAFC
The U.S. Supreme Court is set to commence its term on October 6. Among the cases it will review are several appeals concerning copyright and trademark law. One notable case seeks to address procedural inconsistencies and claims of unconstitutional vagueness attributed to the U.S. Court of Appeals for the Federal Circuit.
Features
Perplexity AI Sued for Copyright Infringement By Encyclopaedia Britannica and Miriam-Webster
A new lawsuit against Perplexity AI claims responses generated by the artificial intelligence platform violate the trademarks of Encyclopaedia Britannica and Merriam-Webster by attributing false information to their widely esteemed brands. The complaint alleges Perplexity’s generative AI “answer engine” violates the plaintiffs’ copyrights and also cites them as sources of false or incomplete information.
Features
Federal Judge Grants Preliminary Approval of Anthropic’s $1.5 Billion Settlement In Copyright Case
A federal judge in the Northern District of California granted preliminary approval on September 25 to a $1.5 billion settlement between Anthropic and a class of authors who alleged that the artificial intelligence company used their copyrighted works to train its chatbot Claude without their consent. The settlement is the largest copyright settlement of all time, covering 482,460 works and paying authors slightly more than $3,000 per work infringed.
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