IP & Technology Law Trends
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Supreme Court to Clarify Internet Safe Harbor Provisions
The U.S. Supreme Court has agreed to hear a case questioning whether “safe harbors” granted to the operators of online platforms apply to the algorithmic process that allowed recruiting messages from terrorist group ISIS to be temporarily available o...
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“Wavy Baby” Case Tests Definition of an Expressive Work
Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive w...
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Supreme Court May Review Trademark Territoriality
Increased globalism brings with it a need to re-examine and clarify the territorial limitations traditionally applied to trademark rights. Should U.S. users of foreign trademarks and foreign users of U.S. trademarks be subject to the provisions and remedies of the Lanham Act irrespective of where sales—and damages—occur?
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The Struggle is Real: Federal Trademark Registration for Cannabis and Hemp-Derived Food and Beverages Remains Elusive
Although commercial use of a trademark alone triggers rights in a mark, wise business owners endeavor to take advantage of the added benefits and protections conveyed by federal registration. One of the most important benefits of federal trademark re...
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CAFC Confirms That Artificial Intelligence Cannot Be an Inventor
About a year ago, we reported on a case out of the Eastern District of Virginia. Stephen Thaler had appealed a decision by the USPTO refusing to recognize an AI machine he created as a person. Judge Brinkema of the Eastern District ruled that only a...
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Don’t Let Your Core Brands Fall Victim to Trademark Trolls
Similar to its patent and copyright-focused counterparts, “trademark troll” is a negative moniker that refers to people who register for a trademark in bad faith, meaning they have no lawful intention to use the mark in commerce. Instead, trolls seek...
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