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Features
As AI becomes more sophisticated at detecting fakes, it is not just changing how brands protect themselves — it has the potential to change the legal framework for determining when platforms themselves might be held responsible for the counterfeits sold on their sites.
Features
Most days, preparing and prosecuting patent applications follows a familiar rhythm. Talk with the inventors. Draft the application. Wait for the Patent Office. Argue a few times. Secure the patent. Repeat. But every so often, a case reminds us that our work can mean much more — especially when something has gone wrong, and someone needs an advocate to make it right.
Features
For companies developing novelty products, advertising campaigns, or brand-related parodies, this case underscores the importance of reviewing both confusion and reputational risks. For rights holders, it affirms that parody is not a license to defame a brand.
Features
How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That’s a dilemma that surfaced in late August when a federal judge dismissed a claim of direct infringement raised by a group of authors.
After putting a months-long pause on all of his active Schedule A cases, Judge John Kness in the U.S. District Court for the Northern District of Illinois issued a scathing opinion calling out the practice and urging his fellow jurists to reassess their approach to the litigation strategy.
Columns & Departments
Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST MarksFederal Circuit: No Jurisdiction Where Petitioner Offers a Non-Patent Law Related Ground for Relief