Despite the fact that the trademark manual of examining procedure (TMEP) are readily available and searchable online, there are still a large number of applications that trademark examiners and judges must reject because the application does not conform to one or more conditions set forth in the Lanham Act or TMEP.
Recent developments at the Federal Circuit and the USPTO may inform evolving patent strategy on medical technology.
Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.
Federal Circuit: The Comparison Prior Art Has to be Within the Proper Scope Federal Circuit: More Than Describing Trial and Error Is Needed for Enablement
Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.
In August, the U.S. District Court of the District of Columbia affirmed the U.S. Copyright Office's denial of a copyright application for a visual piece of art generated entirely by an artificial intelligence-driven computer called the "Creativity Machine." Recognizing that U.S. "copyright law protects only works of human creation," the court determined that the Copyright Office "acted properly in denying copyright registration for a work created absent any human involvement."
Part One of a Two-Part Article This two-part article sheds light on several important aspects of patents on AI technology. In Part One, we provide a general overview of the IBM v. Zillow lawsuit and discusses strategies to diversify patent portfolios to maximize protection on AI-related technology.
This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.
Intellectual property laws, including copyright, patent, trademark and trade secret laws can provide avenues for companies to protect their IP. But it's not always clear what assets are protectable and what are not.
On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.
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