In the fall of 2023, the Biden Administration issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.[1] In section 5.2 of the order, the administration charged the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USTPO) with three
Intellectual Property
Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over Artificial Intelligence and Human Authorship as a Necessary Requirement of Copyright
This blog is an update to “Legal Issues with Using AI to Create Content – Written with Help from AI” by Devin Ricci on April 28, 2023
On August 18th, the United States District Court for the District of Columbia issued an opinion stating that Artificial Intelligence (AI) generated artwork lacks…
Jack Daniel’s Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark Infringement Case Over Dog Toys
On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniel’s in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. ___ (2023). The case arose from Jack Daniel’s complaint about VIP’s sale of…
Legal Issues with Using AI to Create Content – Written with Help from AI
Artificial Intelligence (AI) is a rapidly growing field that has the potential to revolutionize many aspects of our lives. One area where AI has already made significant inroads is in content creation. With the help of AI-powered writing assistants, businesses and individuals can generate high-quality content with minimal effort. However, there are legal concerns associated…
Registering Your Intellectual Property Rights With Customs: A Proactive Measure to Block The Importation of Infringing Goods Into The U.S.
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…
Preparing for the squall of post-COVID bankruptcies: Intellectual Property rights in Chapter 11
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…
Intellectual Property Clearance – What is It and How Much is Enough?
Intellectual Property (IP) clearance should be an integral part of business planning, regardless of the size of the business. IP clearance may be as simple as checking the proper trademark databases before choosing a name for a new business or subsidiary. In other situations, IP clearance may include conducting an extensive patent search and analysis…
What will America be dunkin’ in 2019? Loyal Dunkin’ Donuts Fans Make the Case for the Value of a Strong Brand
Dunkin’ Donuts recently announced that it will be officially dropping “Donuts” from its name to more align its brand with its expanded menu offerings and changing store experience to appeal to a younger generation. Although its signature pastry will still be offered (otherwise America would be left wondering what in the world it would be…
Disparaging and Scandalous Trademarks Fair Game for Trademark Protection
For over 70 years, the Lanham Trademark Act has banned the federal registration of any trademark comprised of “immoral, deceptive, or scandalous matter” or matter which may “disparage. . . or bring [persons, institutions, beliefs or national symbols] into contempt or disrepute.” Over the years, the application of the U.S. Patent and Trademark Office’s (“PTO”)…
Dilly Dilly on Infringement Demand
In its recent campaign, Bud Light recognizes true friends of the Crown by raising a cold adult malted beverage and chanting Dilly Dilly. The marketing slogan was created apparently coming out of nonsense and fun. In its campaign, Bud Light seems to want people to celebrate with a lighthearted toast of Dilly Dilly and escape…