IP Updates

UPDATE - AI and Copyright – Federal Appeals Court Affirms That Training an AI Research Tool on Copied Copyrighted Text is Copyright Infringement and Not a Fair Use   In an earlier post,we discussed a ruling from the District of Delaware regarding whether an AI-based legal research system that trained [...]

Are General Cigar’s COHIBA Cigar Trademark Registrations Going Up in Smoke? Brief Answer – at least right now, based on a recent ruling from the United States District Court for the Eastern District of Virginia, the answer is “yes.” Many moons ago, I wrote a law journal article about [...]

Are General Cigar’s COHIBA Cigar Trademark Registrations Going Up in Smoke? Brief Answer – at least right now, based on a recent ruling from the United States District Court for the Eastern District of Virginia, the answer is “yes.” Many moons ago, I wrote a law journal article about a [...]

In a recent opinion from the United States Court of Appeals for the Federal Circuit, the federal appeals court that handles all patent litigation appeals in the U.S., the Court invalidated four (4) patents that utilized machine learning to solve a problem in the television broadcasting industry.The Plaintiff, Recentive Analytics, [...]

With the increasing development and use of AI systems for all manner of purposes, one question naturally arises in the intellectual property world – is artwork generated by AI systems copyrightable?  The answer, as with many legal questions, is that it depends.  In the instance under discussion, the person [...]

In a recent opinion out of the District of Delaware, Judge Stephanos Bibas revised an earlier decision and, in this instance, granted summary judgment in favor of copyright owner Thomson Reuters and against ROSS Intelligence in connection with ROSS Intelligence’s use of a number of copyrighted headnotes from the [...]

In an interesting and even slightly unnerving opinion from the United States Court of Appeals for the Ninth Circuit, the appeals court ruled in a keyword advertising dispute that the keyword “conquesting” is not per se unlawful.  Keyword “conquesting” occurs when your competitor purchases your business’s name and/or trademark(s) [...]

In a recent decision from Judge Marcia A. Crone in the Beaumont Division of the United States District Court for the Eastern District of Texas, the Court came down pretty hard on an attorney who used generative AI for at least some of his legal research without checking to [...]

The United States Patent and Trademark Office (USPTO) is set to increase several trademark-related fees effective January 18, 2025. Specifically, filing fees will be standardized at $350 per class of goods or services. A notable change is introducing a $100 per class penalty if insufficient information is provided with [...]

The Decision In a recent ruling by the Patent Trial and Appeal Board (PTAB) (view the decision here), Next Step Group's attempt to invalidate a design patent owned by the makers of Ugg® boots failed. The petitioners argued that the design patent, which protects the ornamental features of Ugg® [...]