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A Quick Lesson on Harnessing Artificial Intelligence

A recent case highlights another area of potential legal risk with using generative AI: liability for content when AI simply gets the facts wrong. Earlier this month, a radio host sued OpenAI in Georgia state court,...more

U.S. COVID-19: Preparing a Reopening Plan – Five Steps to Take Right Now

As state governments and businesses look towards restarting the economy, the consensus is that as the U.S. gradually re-opens, the look and feel of businesses will change dramatically. Before the world can return to its full...more

U.S. COVID-19: Preparing a Reopening Plan

As state governments and businesses look towards restarting the economy, the consensus is that as the U.S. gradually re-opens, the look and feel of businesses will change dramatically. Before the world can return to its full...more

SCOTUS to Address Key Question on Trademark Damages

The U.S. Supreme Court recently granted writ of certiorari in a case with significant potential to alter the trademark infringement damages calculus.  In that case, Romag Fasteners Inc. v. Fossil Inc. et al., Case No....more

From East Coast to West Coast: Actresses Lose Right of Publicity Cases as Courts Rule in Favor of the First Amendment Rights of...

The end of March brought favorable rulings – from opposite coasts – for right of publicity defendants. In both de Havilland v. FX Networks, et al., Case No. B285629, 2018 WL 1465802 (Cal. Ct. App. Mar. 26, 2018) and Lohan v....more

SCOTUS Gets Social: Does the First Amendment Protect the Right to Post, Snap and Chat?

The U.S. Supreme Court has issued one of its first decisions addressing the relationship between the First Amendment and the Internet. In Packingham v. North Carolina, 582 U.S. ___ (June 19, 2017), the Court holds that a...more

The Last Unicorn… Frappuccino?

While the mythical unicorn is a rare creature, it has recently become a marketing phenomenon, with the unicorn’s rainbow-laden powers being harnessed to sell unicorn-themed products that can cover you from literally head to...more

SCOTUS Messed with Texas: Supreme Court Limits Venue in Patent Cases

Yesterday, the U.S. Supreme Court re-defined the scope of venue in patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017). Under the Supreme Court’s ruling, venue in patent cases will now be...more

You Can’t Have Your Cake and Eat It Too: Why Trump Copying Obama’s Cake Is Not Infringement

Did President Donald Trump goof when he copied Barack Obama’s inauguration cake for his inauguration? Pastry Chef Duff Goldman made a stunning, nine-tiered cake for Obama’s second inauguration in 2013 complete with stars,...more

2/20/2017  /  Copyright

Three Recent Cases Highlight Risks of Using Claims Of “Fresh” In Advertising

In this post, we take a look at three recent decisions in which food industry defendants were accused of falsely advertising their food products as “fresh”. As discussed in our prior post, a clear-cut, consensus definition...more

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