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We found 1,377 results for "The Intellectual Property Strategist"...

How Courts In the U.S. and the UK Are Addressing Key GenAI Copyright Infringement Issues
March 01, 2025
How the courts in the U.S. and the UK are addressing the key copyright infringement issues as they relate to generative AI models and output, and highlights the differences, particularly in the area of “fair use”/”fair dealing” and statutory provisions unique to each country.
TTAB Allows for Non-User to Oppose Trademark for Reputational Injury
March 01, 2025
In a recent case, although finding no standing in the case in front of it, a federal court noted that it was, however, possible that a nonuser could demonstrate entitlement to cancel or oppose by establishing either lost sales in the United States or reputational injury in the United States under the Lanham Act.
Internet Archive’s Decision Not to Appeal Second Circuit’s Fair Use Ruling Could Lead to More Litigation As Issue Remains Unsettled
March 01, 2025
The Second Circuit’s decision may have significant downstream implications for other digital lending services, making it more difficult to operate absent licensing agreements with copyright holders of the various works they seek to distribute. With Internet Archive deciding against petitioning the Supreme Court, we may well see similar litigation pop up in other jurisdictions outside the Second Circuit until the issue is more widely settled.
Sending a Shot Across the Brow: Drafting An Effective Trademark Demand Letter
March 01, 2025
At the end of the day, demand letters form an important part of a company's trademark enforcement strategy. But they must be just that — a part of a fully developed reasoned strategy rather than a knee-jerk reaction to perceived infringement. And that strategy will require some investigation and research to help ensure success.
IP News
March 01, 2025
Federal Circuit: PTAB Jurisdiction Exists Over Expired PatentsFederal Circuit: No Estoppel on Unadjudicated Claims
Eliminating Judicial Exceptions: The Promise of the Patent Eligibility Restoration Act
February 01, 2025
The Patent Eligibility Restoration Act (PERA) proposes a solution to a complex debate: What can be patented, and when do nature and thoughts become property? This article provides an overview of the PERA bill, examines the current issues with Section 101 of the Patent Act, the specific proposals of PERA, and the existing pros and cons of the bill.
Berry Bad Outcomes: Millions at Stake for Dewberry Group, Inc.
February 01, 2025
Last June, the U.S. Supreme Court granted certiorari to decide a $43 million suit between two real estate developers over the name “Dewberry.” The crux of the case once it reached SCOTUS is the extent to which courts can award the profits, not of the named defendant, but of the defendant’s affiliate for trademark infringement.
The 2025 Patent Landscape Begins With Many Pieces of Proposed Legislation
February 01, 2025
The U.S. patent legal landscape in 2025 is poised for change. The incoming presidential administration is coupled with interim changes in leadership at the USPTO after Kathi Vidal’s departure, and several newly vacant, fillable commissioner seat openings at the ITC. Amid that backdrop, many pieces of proposed patent legislation are pending in Congress which could further — or possibly stifle — modern trends in American patent law, and could alter our innovation landscape for years to come. This article surveys that pending patent legislation.
Amazon-Backed AI Company Agrees to ‘Guardrails’ On Using Copyrighted Lyrics to Train Claude AI Product
February 01, 2025
Music publishers have reached a partial agreement with Anthropic that requires the Amazon-backed artificial intelligence company to implement “guardrails” around its use of copyrighted song lyrics to train its flagship product, Claude.
Supreme Court Hears Arguments In Corporate Trademark Infringement Remedy Calculation Case
January 01, 2025
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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