<em> Beteiro, LLC v. DraftKings Inc., et al. </em>
The Federal Circuit Court affirmed the District Court of New Jersey’s decision to dismiss a patent infringement case by determining the asserted patents patent-ineligible for containing abstract ideas and lacking innovation.
Artificial Intelligence and the Expansion of Rights of Publicity
In response to an uptick in abusive content created using AI, states such as Tennessee have enacted legislation designed to protect rights of publicity, benefiting both celebrities and the general public.
Post-Argus Leader Exemption 4: Using Trade Secrets Law to Tackle Issues in FOIA Litigation
FOIA plaintiffs may be able to better gain access to redacted material using Trade Secrets law in the face of Argus Leader.
The Fight for CRISPR Patents
For over a decade, there has been a battle for the coveted patents relating to the CRISPR/Cas9 gene editing technique. Two main groups, the University of California and the Broad Institute, are litigating the rights to the patents specifically covering the editing of eukaryotic cells
A.I. and Voice Actors
Paul Skye Lehrman makes his living as a voice actor, but to his surprise he found his own voice being used in a podcast through AI generation by Lovo, Inc. Lehrman is suing Lovo relying on trademark protections to protect his voice's use and livelihood.
Upcycling in Fashion: Navigating Trademark Concerns and the Need for Clearer Guidelines
A concise exploration of upcycling in fashion – an innovative yet potentially infringing practice. The post examines the importance of upcycling in a throwaway culture with its environmental impact. It also considers legal protections for luxury brands and the tension between safeguarding those rights and fostering innovation for smaller creators.
<em> Tribe of Two, LLC v. Vidal </em>
The Federal Circuit affirmed the Trademark Trial and Appeal Board’s decision in Tribe of Two, LLC v. Eritaj Design Corporation dismissing Tribe of Two’s opposition to Eritaj’s Trademark.
OpenAI Seeks Dismissal of New York Times Copyright Infringement Lawsuit
OpenAI filed a motion to dismiss a December 2023 lawsuit from the New York Times. The initial suit claims OpenAI infringed The Times’ copyrights by using millions of their articles to generate news answers for users who illegally accessed those articles.
Idol Images and the Plight of Technology
K-pop Idols, members of global music groups, have some of the most fragile reputations. With the rise of social media and AI technology, false information and impersonations have run rampant. How can labels and artists ensure their right of publicity is untarnished?
Is Fast Fashion Destroying the Industry?
Fast-fashion companies have been using other designers’ clothing and accessories, recreating the items, and selling them at a much lower price. While trademark and copyright law are sometimes helpful in addressing these issues, the world has started to see a shift in how companies are addressing this problem.
Is History Repeating Itself? The Metaphorical Burning of Alexandria 2.0
In Hachette v. Internet Archive, the United States Court of Appeals for the Second Circuit affirmed a District Court's decision against Internet Archive (“IA”). IA scanned physical books to loan digitized copies to its users through their Open Library Project, claiming fair use of the materials. The Court ruled in favor of the publishers’ claim for copyright infringement.
<em> Contour IP Holding LLC v. GoPro, Inc. </em>
The Federal Circuit reversed the district court ruling, determining that claim 11 of the ‘954 patent and claim 3 of the ‘694 patent were directed to patent ineligible subject matter under 35 U.S.C. § 101 and remanded for further proceedings.
Musi Inc. v. Apple Inc.: Alleged Copyright Infringement
Musi Inc. is suing Apple for removing the app from the App Store. Was Apple justified in its removal of Musi, or was Musi correctly operating within Youtube’s terms of service?
AI-Inventions, Plant Patents, and the Forever-Spinning Plum
We’ve been here before. In the 1930’s, Congress decided that plants were patentable subject matter. Since then, we’ve pushed the boundaries of what can be patentable. But now that we’re faced with AI-inventions, we have choked on the idea that an invention was created using bits and not biotics.
How Long Can Congress Fake It to Make It Before Regulating AI Deepfakes
AI generated media is becoming indistinguishable from reality. Prior to the 2024 presidential election, there was a concern that AI deepfake videos and audio could spread misinformation that would tarnish election results. Some argue that AI deepfake videos are always protected under the First Amendment, and others believe they should be regulated. Now that the election has concluded, how should Congress act on these concerns in preparation for the 2028 election considering AI technology will further develop.
All I Want for Christmas Is… to Stop Getting Sued
Mariah Carey is being sued for copyright infringement relating to lyrics in her infamous song All I Want for Christmas is You—for the third time.
<em> Sanho Corp. v. Kaijet Tech. Int'l Ltd., Inc. </em>
A recent Federal Circuit decision has narrowed the public disclosure requirement for obtaining patents. The requirement now limits what qualifies as “reasonably available to the public” under the prior art requirement for obtaining a patent. A private sale was not found to meet the narrowed requirement.
Cybersquatting Back on the Rise
Cybersquatting persists globally, challenging corporations and trademark holders. This practice spurred legal developments like ACPA and UDRP. As major companies implement proactive policies, new challenges emerge with gTLDs, typosquatting, and blockchain domains. Balancing trademark protection and online innovation remains crucial as digital landscapes evolve and require adaptation in practice and in law.