News & Analysis as of

Fair Use Trademarks United States Patent and Trademark Office

Cozen O'Connor

Fair Use, Copyright, and Trademark Implications of Generative AI

Cozen O'Connor on

While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Robinson & Cole LLP

IP+T Intelligence Newsletter - Q4 2021

Robinson & Cole LLP on

Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. The Trademark...more

McAfee & Taft

What this year’s Supreme Court opinions mean for you

McAfee & Taft on

2020 was a tumultuous year. And while you were busy shifting to online meetings, implementing new measures to keep employees and customers safe, and otherwise adapting to the challenges created by the coronavirus, the U.S....more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 1 - Fall 2019

Welcome to the inaugural edition of Kattison Avenue, a newsletter examining the hot topics in advertising from Katten’s office on Madison Avenue in New York City and beyond. As we prepared to launch our first issue, we wanted...more

Proskauer Rose LLP

Three Point Shot - October 2019

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Dorsey & Whitney LLP

Gatorade: The Sport Fuel Company for “Average Joes”

Dorsey & Whitney LLP on

In 2016, SportFuel sued PepsiCo for using their registered trademark “SPORTFUEL” in a slogan used to advertise Gatorade products. SportFuel is a personalized nutrition consulting firm in Chicago. ...more

K&L Gates LLP

A Case of Classic Fair Use for “Sports Fuel” in the 7th Circuit

K&L Gates LLP on

Key Takeaways - Brand owners benefit by adopting distinctive marks, especially arbitrary and fanciful terms. ...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on

In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2017

Fenwick & West LLP on

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

Jaburg Wilk

Celebrity Brands: The Line Between Fair Use and Infringement

Jaburg Wilk on

All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

Akerman LLP

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

Akerman LLP on

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

Akerman LLP - Marks, Works & Secrets

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2016

Fenwick & West LLP on

Supreme Court to Weigh In on Damages for Design Patent Infringement - Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s...more

Knobbe Martens

Trademark Review | February 2016

Knobbe Martens on

The Federal Circuit Considers Constitutionality of Refusal to Register Scandalous and Immoral Marks - The Lanham Act prohibits registration of marks that are defamatory, scandalous or immoral. Last month, in In re Tam,...more

McDermott Will & Emery

IP Update, Vol. 16, No. 9, September 2013

McDermott Will & Emery on

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

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