IP & Technology Law Trends
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Jury Delivers Verdict in Closely Watched Trademark/NFT Case
A jury verdict Wednesday morning in a closely watched dispute between an iconic fashion house and a creator and seller of NFTs is a dramatic new development in the ongoing dialogue over the question “What is an expressive work and when may it incorpo...
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Why the Law Encourages Copycats (And What You Can Do about It)
I recently read an article
saying that Thomas Blug, the founder of guitar amplifier maker BluGuitar, accused Blackstar Amplification of “stealing” Blug’s amplifier design. In short, Mr. Blug noted that his product was named the BluGuitar Amp1, while...
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The Most Important Trademark Fact You Probably Don’t Know
Client: “I’ve been in business for a couple of years now, and I want to trademark my company’s name.”
Trademark Lawyer: “What do you mean you want to ‘trademark’ it?”
Client: “I want to get a trademark on it.”
Lawyer: “Do you mean you want your compa...
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Paradise Denied: Copyright (Or Not) In AI-Generated Images
“A Recent Entrance to Paradise,” generated by an AI system created by Dr. Stephen Thaler.
The U.S. Constitution provides the basis for copyright protection “by securing for limited times to authors . . . the exclusive right to their respective writi...
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Machine Learning Is Not Your Copilot: AI System Accused of Violating Open Source Copyright Licenses
Jan 09, 2023
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As previously reported in this space, the Court of Appeal for the Federal Circuit has ruled that an AI machine cannot be an inventor because it is not a “natural person.” You can read those posts here and here. Issues regarding AI and intellectual pr...
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FTC Proposes New Rule to Ban Employment Noncompetes
In the summer of 2021, President Biden signed an executive order that, among other things, asked the Federal Trade Commission (FTC) to consider curtailing the use of employment noncompetes. This week, the FTC answered the call by announcing a notice...
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