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Features

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations Image

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

Howard J. Shire & Justin Tilghman

In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.

Features

Protecting Trademarks and Brands Against Sophisticated AI-Driven Scams and Schemes Image

Protecting Trademarks and Brands Against Sophisticated AI-Driven Scams and Schemes

Damon Whitaker, Jill Chalmers, Matt Minder & Steve Trubac

Attorneys and companies alike are witnessing a paradigm shift occurring during the protection of intellectual property assets, encountering more sophisticated solicitations designed to appear as official correspondence from the USPTO, and outright scams utilizing information publicly available through the USPTO for pending trademark applications and existing registrations.

Features

Federal Circuit Overrules 'Improperly Rigid' Obviousness Test Image

Federal Circuit Overrules 'Improperly Rigid' Obviousness Test

James L. Ryerson

In an eagerly anticipated decision involving the proper standard for assessing when a claimed design is obvious, the Federal Circuit overruled the Rosen-Durling test that courts and the USPTO have been applying for nearly 30 years, calling the test "improperly rigid" and inconsistent with Supreme Court precedent.

Features

Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act Image

Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act

Catherine Nyarady & Crystal Parker

The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.

Features

IOC and Paris Attorneys Combatting Trademark Abuse at the Olympics Image

IOC and Paris Attorneys Combatting Trademark Abuse at the Olympics

Rick Mitchell

As the Paris Olympic Games get underway, trademark attorneys for the International Olympic Committee and Paris organizing committee will be working to protect the Olympic brand.

Columns & Departments

IP News

Howard Shire & Justin Tilghman

Are Affiliates Liable for Monetary Relief When They Are Not Named Parties to a Case?

Features

LJN Quarterly Update: 2024 Q2 Image

LJN Quarterly Update: 2024 Q2

Steve Salkin

The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.

Features

Blockchain Domains: New Developments for Brand Owners Image

Blockchain Domains: New Developments for Brand Owners

John McElwaine

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Features

AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer Image

AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer

Michael K. Friedland

When is an inventor not an inventor? It's when the inventor isn't human. So, if a non-human inventor can't, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can't create, it can destroy.

Features

Hope for 'Spotify Model' for Licensing Content for AI Image

Hope for 'Spotify Model' for Licensing Content for AI

Mason Lawlor

A "Spotify model" of licensing, regulation and royalties could be the answer to the recent slew of lawsuits and future litigation relating to generative artificial intelligence defined by rampant misappropriation of name, image and likeness of individuals, including high-profile celebrities.

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