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Features
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Features
Although the bitter legal battle between Adidas and Thom Browne is far from over on either side of the pond, the case illustrates the challenges of ensuring trademark protection for simple and widely employed design elements.
Features
While most trademark-related lawyers are familiar with the "Bad Spaniels" and "Chewy Vuitton" federal court decisions on trademark parody, decisions by the USPTO Trademark Trial and Appeal Board on trademark parody marks are rarely examined.
Features
The points and counterpoints brought up by experts at a Stanford Law conference provide insight on the future relationship between AI and copyright creators.
Columns & Departments
Federal Circuit Weighs On the Patentability of Claims to Targeted Advertising Federal Circuit Clarifies the Result-Effective Variable Doctrine
Features
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
Features
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
Features
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Features
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
Columns & Departments
Appeals Court Backs Nickelback In Copyright Infringement Case