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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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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
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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Second Time Lucky? Supreme Court Grants Cert in Jack Daniel’s Dog Toy Case
The United States Supreme Court has granted certiorari to Jack Daniel’s distillery in its appeal of a Ninth Circuit decision holding that a dog toy manufacturer’s use of the Jack Daniel’s trademarks and label design is expression protected by the Fir...
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Supreme Court to Review Trademark Territoriality
A few weeks ago, we wrote about a trademark territoriality case being presented to the U.S. Supreme Court. We write now with a follow-up: the Court has agreed to hear it. The case is Abitron Austria GmbH v. Hetronic International, Inc., and it prese...
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