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.
- February 01, 2026Paula Hopkins and Andrew Price
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.
February 01, 2026Payam AhmadiWhen 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.
February 01, 2026Allen AdamsonNinth Circuit Indicates Willingness to Change Substantial Similarity Test for Copyright Infringement
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.
February 01, 2026Catherine Nyarady and Crystal ParkerArtwork created entirely by artificial intelligence without any human involvement does not qualify for copyright protection, lawyers for the U.S. Copyright Office told the U.S. Supreme Court in a filing in in late January.
February 01, 2026Jimmy HooverA raft of Big Tech and artificial intelligence companies have been hit with class actions in California federal court for allegedly using pirated copyrighted books and YouTube videos to train their AI models without the authors’ and creators’ permission.
February 01, 2026Kat Black
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