When Duracell filed suit against Energizer alleging that Energizer falsely claimed its “Energizer MAX lasts 10% longer than Duracell Power Boost,” the case seemed like just another round in the long-running rivalry between the Copper Top and the Energizer Bunny. But the lawsuit demonstrates that even the strongest brands in parity categories struggle to remain meaningfully different when the underlying technology is essentially the same.
The United States Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement.
Federal Circuit: “Complete Identity of Inventive Entity” Required to Remove Prior Art as Not By “Another” Under Pre-AIA LawFederal Circuit: No Trade Secret Misappropriation By Goodyear nor Correction of Inventorship Warranted Because of Coda’s Failure to Show Specificity, Secrecy, or Evidence of Use
For rights holders, platforms and brands, the Disney-Open AI licensing deal illustrates an emerging blueprint for commercializing iconic IP in AI-native formats while attempting to manage legal, regulatory, and reputational risk.
Based on a review of recent case law, this article identifies three considerations that practitioners should pay attention to in cases involving AI trade secrets.
The opinion in the case that upheld New York's algorithmic pricing disclosure law offers a thorough analysis of the issues surrounding regulation of this kind of technology, and it is worth a closer look as the battle is likely to continue in New York and across the country.
The decision reasserts important limits on the USPTO’s authority, particularly its reliance on unverified foreign-language translations, hypothetical assumptions about what businesses “might” offer in the future, and tenuous connections between a word and a service category.
Coloring In the Lines of the TTAB: Medisafe’s Dark Green Gamble
The TAKE IT DOWN Act is the first federal legislation to address both unadulterated non-consensual intimate imagery and digital forgeries, marking a significant milestone in U.S. content regulation.
Generative AI is not an extinction-level event for patent prosecutors. It’s a force multiplier — an amplifier of legal analysis, not a replacement for it. If anything, it will allow practitioners to spend more time doing what clients value the most.
