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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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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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Enforcing Electronically Acknowledged Arbitration Agreements in California
As the demand for a hybrid work environment increases, so do the risks associated with check-box acknowledgements for California employers. Tech companies have long been known for hybrid flexibilities, and are well advised to be mindful of a recent C...
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The Ninth Circuit Leaves Open the Delta-8 THC Legal Loophole in an Intellectual Property Dispute
In the first federal appellate ruling on delta-8 THC, the Ninth Circuit Court of Appeals deemed the substance legal—at least for purposes of trademark protection—concluding that if “Congress inadvertently created a loophole legalizing vaping produc...
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Today in Tax: Digital Assets in Mergers & Acquisitions—Three Things Every Buyer Should Know
Cryptocurrencies, digital assets, and blockchain-based technologies seem to show up everywhere. As the market for these products matures, new markets are emerging. Competitors, new entrants, and investors are acquiring the technologies and platforms...
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Priority “UNTAMED”: Enforceable Priority in Madrid-Registered Mark Does Not Require Use of Mark Before Infringement Commences, Says Ninth Circuit
The general rule under U.S. trademark law is that the first to use a trademark in U.S. commerce has priority in the mark over other "would-be" users of the same, or confusingly similar, mark. This applies in both common law and as to rights...
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