IP & Technology Law Trends
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What Lies Ahead for Jack Daniel’s and for the Rogers Test?
To read the headlines of many media and legal news articles reporting on the Supreme Court’s recent decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., you’d think that the Court held that the dog chew-toy called “Bad Spaniels”, parodyin...
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The FTC Is INFORMing Businesses That It Plans to Enforce This E-commerce Act
You may have missed it, but the Federal Trade Commission (FTC) hasn’t. On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Consumers Act) is live and enforceable. The FTC has been pu...
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Generative AI—Competitive Tool or a Tool of Your Own Demise?
Most people recognize that generative AI, the use of artificial intelligence to generate content, represents an incredible tool. It allows companies and individuals the ability to automate certain processes, use a powerful computing tool to perform t...
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This Is Not a Test: The Significant Impacts of the Ireland Data Protection Commission’s Meta Decision
It shouldn’t come as a surprise that the European Data Protection Board (EDPB), through Ireland’s Data Protection Commission (DPC), issued another fine against a large US technology company. What may come as a surprise is the scope of the Meta (fka F...
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Don’t Believe Everything You Read about the Warhol Decision
Which is less reliable, the Supreme Court’s recent decision in the much-watched case of Warhol v. Goldsmith or what reporters and commentators have said about it?
Widely reported as a case alleging that Andy Warhol’s famous series of silkscreen rende...
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Supreme Court Maintains Internet Safe Harbor Provisions … for Now
With little comment and reportage, the U. S. Supreme Court decided on May 18 that the “safe harbor” granted to the operators of online platforms precluded claims that an algorithmic process that allowed terrorist recruiting messages to be briefly ava...
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