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Features
The Internet is still standing, but the Supreme Court's reasoning in the Gonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court "saved" the Internet from itself, and the Court needed both cases to do so.
Features
The U.S. Supreme Court is considering whether the federal Lanham Act should be interpreted so broadly that domestic companies can leverage it to bar trademark infringement by — and seek significant damage awards against — foreign entities operating almost entirely overseas.
Features
The lion's share of attention to copyright-infringement claims against Ed Sheeran over his song of the Year "Thinking Out Loud" recently focused on the trial in New York federal court in which a jury found in Sheeran's favor in the lawsuit brought by the heirs of a co-author of the 1970s soul-song classic "Let's Get It On." But in September 2022, a related infringement suit over the same songs' matching chord progression and harmonic rhythm was allowed to go forward.
Columns & Departments
Federal Circuit Examines the Analogous Art Test Federal Circuit Affirms PTAB's Finding of Prior Invention
Features
The lion's share of attention to copyright-infringement claims against Ed Sheeran over his 2016 Grammy-winning Song of the Year "Thinking Out Loud" recently focused on the trial in New York federal court. But in September 2022, a related infringement suit over the same songs' matching chord progression and harmonic rhythm was allowed to proceed.
Features
As we wait to see if Congress does indeed adopt a preemptive federal standard on NIL, the question becomes: What do business owners, interested investors and attorneys need to know prior to signing a college athlete to a NIL contract under the current landscape?
Features
IP experts weigh in on a case involving AI-created images based on an original work. The outcome of the case may have a significant impact on AI development and generative art.
Features
A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this "troublesome" area remains to be seen.
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In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For importers of products potentially implicated by a requested GEO, the GEO can be a major threat even if the importer is not a respondent in the case.
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A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.