Who Owns The Copyright For AI-Generated Thanksgiving Recipes?
New York Times food writer Priya Krishna used OpenAI products to generate new Thanksgiving recipes and images, prompting the question: who owns the copyright for these recipes? According to OpenAI’s terms of use, Ms. Krishna owns them, but in reality, copyright for machine generated content is more complicated than that.
Redefining GI Distinctiveness to Aid Consumer Protections and Cultural Cooperation
This blog aims to address current issues facing foreign Geographical Indicator (GI) trademark recognition by the USPTO. It also seeks to explain why the USPTO should adopt a wider stance and recognize foreign GI marks more readily.
Protecting the Creative Outlaws: Graffiti in the United States
As an explosive cultural phenomenon that actively shapes the urban environment, graffiti has a conflicting relationship with the law. This blog explores the relationship between the outlaw nature of graffiti and the intellectual property laws that attempt to provide protection thereof.
The “Rage” Continues: Who Owns the Bob Woodward Trump Interview Recordings?
In January 2023, Former President Donald Trump sued veteran journalist Bob Woodward over the release of audio recordings coming from interviews Trump gave with Woodward. If this suit makes it to court, key questions impacting journalism will be addressed, including who owns an interview, assuming an interview is copyrightable.
A.I. Essays: Fraud in the Classroom or Final Frontier of Authorship?
AI writing tools like OpenAI’s GPT-3 and Google’s Lambda are transforming essay writing by generating coherent, human-like text in seconds, raising concerns about plagiarism and the integrity of academic work. While current copyright law does not protect AI-created works, debates around intellectual labor, creativity, and machine-driven outputs are intensifying. Critics worry that AI enables users to bypass the intellectual effort required in writing, while supporters argue it can make education more accessible and level the playing field for students with fewer resources. As AI evolves, it challenges institutions to rethink the boundaries of creativity and ownership.
<em> Andy Warhol Foundation v. Goldsmith </em>
Outside the U.S. Supreme Court, the public line elongated as more spectators joined and waited on the chilly morning of October 12th. Around 10 A.M., the Court heard the oral arguments in an art appropriation case, Andy Warhol Foundation v. Goldsmith. The Court granted certiorari and reviewed the holding of the U.S. Court of Appeals for the 2nd Circuit. The petitioner Andy Warhol Foundation challenged the lower court's decision in fair use defense. That evening, AUWCL hosted the "I.P. at the Supreme Court series: Andy Warhol Foundation for the Visual Arts v. Goldsmith." The panelists carefully surveyed the oral arguments and the 2nd Circuit's decision. This article provides readers with the background of the 2nd Circuit decision and some principal precedents that contoured the fair use doctrine.
Copyright’s Potential Infractions on the Right of Publicity
The intersection of copyright for tattoo artists and the right to publicity remains unresolved, with courts struggling to balance these rights. Tattoo artists seek copyright protection for their designs, while individuals and corporations with tattoos argue they control their own image under the right to publicity.
Senator Tillis’ Attempts to Change Patent Subject Matter Eligibility
U.S. Senate Collection
“Repatriating” Indigenous Digital Heritage: The Rise of TK Labels and Licenses
The indigenous communities worldwide treat their traditional knowledge as shared wisdom, know-how, skills, and fruits of intellectual exercises that pass down from generation to generation. On the flip side, Western intellectual property (IP) protection’s philosophical and legal basis emphasizes the proprietary right to exclude others from using owned knowledge. Such divergence corners the intangible cultural materials that belong to indigenous communities globally, putting them in a powerless position. However, there is a silver lining in harnessing more systematic, legal protections for traditional knowledge—through the Traditional Knowledge (TK) label and licensing.
With Weight Loss Drugs in High Demand, Trademark Litigation Targets Counterfeits
Novo Nordisk and Lilly, two pharmaceutical giants behind the blockbuster diabetes and obesity drugs Ozempic, Wegovy, Mounjaro, and Zepbound (Ozempic, et al.), currently find themselves embroiled in legal battles with wellness centers, medical spas, and compounding pharmacies. Both companies are taking action to protect their trademarks and intellectual property. Despite being separate companies, the key trademark-related legal concerns they face have significant overlap.
Cybersquatting and Large Corporations
There has been recent legal action on behalf of Adidas, as a company not in possession of the Adidas trademark created a domain using the Adidas name and was selling counterfeit Adidas goods. Creating and using a domain name with false intent with a trademark that is owned by another is known as cybersquatting, which is what was being done with the Adidas trademark in this case. Cybersquatting claims have also been made by the company behind the online retailer Temu.
<em> Tube-Mac Indus., Inc. v. Campbell </em>
The Federal Circuit Court affirmed an Eastern District Court of Virginia’s decision to mandate a correction of inventorship of U.S. Patent 9,376,049 (the “’049 patent”) which added Gary Mackay and Dan Hewson as named inventors.
Steamboat Willie Enters Public Domain
On January 1, 2024, Steamboat Willie from Walt Disney Animation Studios entered the public domain. Disney successfully extended copyright through lobbying, but recent laws led to its expiration. Horror adaptations of Steamboat Willie are planned. Despite concerns, Disney's brand and trademark protections likely shield it from significant harm.
Biopic Legal Woes: Sony Suit Over Unpaid Fees
Two years after the Whitney Houston Biopic was released in theaters in the winter of 2022, Sony filed suit against Anthem Films LLC for unpaid fees concerning the late singer’s recordings held by Sony that were used in the Biopic.
<em> Freshub, Inc. v. Amazon, Inc. </em>
The Federal Circuit rejected Amazon’s cross-appeal and affirmed the district court ruling, determining that the lower court did not abuse its discretion or make a clear error on Amazon’s inequitable conduct defense.
Ex’s and Oh No’s: Bad Bunny’s Ex Sues for Copyright Infringement
Puerto Rican rapper Bad Bunny was sued for copyright infringement by his ex-girlfriend who claims that her voice is used without her consent in two songs: “Pa Ti” and “Dos Mil 16.”
<em> Naterra Int’l, Inc. v. Bensalem </em>
The Federal Circuit vacated the Trademark Trial and Appeal Board’s denial of Naterra’s cancellation petition because the Board erred in their decisions regarding the first and third DuPont factors.
<em> AlexSam, Inc., v. MasterCard Int’l Inc. </em>
AlexSam filed a breach of contract claim against MasterCard. The District Court held that the claim was prohibited under the parties’ covenant not to sue. The Federal Circuit reversed and remanded based on non-ambiguity in license agreements.
The Rx for Counterfeit Drugs: Protecting Pharma’s Patents and Trademarks
Gilead Sciences Inc. and Janssen Pharmaceuticals have accused Safe Chain Solutions of distributing counterfeit HIV medications. Safe Chain's unauthorized use of trademarks not only poses major public health risks, it also undermines pharmaceutical brands' integrity, emphasizing the need to protect intellectual property and trademarks in the healthcare industry.