Steven Thaler filed an application for copyright registration in a two-dimensional image entitled “Creativity Machine”.  In his application, Thaler stated that the work “was autonomously created by a computer algorithm running on a machine”.  The Review Board of the United States Copyright Office (“Board”) denied the application stating it lacked human authorship necessary to support

Dr. Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. He markets the books through online retailers and his own website. One of the passages in the book that is well known is entitled the WIN Passage. He offers merchandise, including t-shirts and posters, that display

Each year, millions of dollars in counterfeit goods enter the U.S. According to the Organization for Economic Co-Operation and Development, the international trade of counterfeit and pirated goods amounted to as much as $509 billion in 2016.[1] From 2003 through 2018, the number of seizures of infringing goods by the U.S. Customs and Border

The United States International Trade Commission (“ITC”) is a quasi-judicial federal agency with broad investigative responsibilities on matters of international trade. An increasingly popular function of the ITC is serving as an alternate forum to litigate intellectual property disputes arising under Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337),

Intellectual property comprises some of the most valuable assets a business may hold – its brands, patents, know-how, and other intangible rights that make the business unique.  The intellectual property assets (IP) throughout the energy sector—upstream, midstream, downstream and service providers along the way—will be affected as more energy companies seek bankruptcy relief in the

In addition to providing financial support to individuals and small business, the much discussed CARES Act also authorized government agencies like the US Patent and Trademark Office (USPTO) to extend certain deadlines prescribed by statute. As of time of publication, the USPTO has granted a 30 day extension for (1) the specific filings set forth

In a sequel to its Matal v. Tam decision last year, SCOTUS held that the so called “immoral or scandalous” ban on trademarks was unconstitutional in a 6-3 ruling on June 24.  In the Tam decision, SCOTUS declared the “disparagement” clause of the Lanham Act to be unconstitutional under the First Amendment, but left open

On March 4, 2019 the United States Supreme Court issued a unanimous decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC  clearing up that registration is a jurisdictional prerequisite to filing a copyright action.  In the opinion authored by Justice Ginsburg, the Supreme Court concluded that a copyright claimant may commence an infringement suit