The Supreme Court recently issued its opinion in Dewberry Group, Inc., FKA Dewberry Capital Corp. v. Dewberry Engineers Inc. (23-900, Feb. 26, 2025), and addressed the issue of awarding profits in a trademark infringement...more
We all know that a patent application can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patent...more
2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more
9/18/2024
/ Brand ,
Free Speech ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
Logos ,
Product Packaging ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Vidal v Elster ,
Wine & Alcohol
As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more
9/5/2024
/ Corporate Counsel ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Inventions ,
Patent Act ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
USPTO
In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more
8/26/2024
/ Artificial Intelligence ,
Blockchain ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
Trade Secrets ,
Unjust Enrichment
On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more
8/16/2024
/ Audits ,
Competition ,
Compliance ,
Confidential Information ,
Cybersecurity ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Risk Management ,
Trade Secrets
The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more
7/18/2024
/ Artificial Intelligence ,
CAFC ,
Corporate Counsel ,
Design Patent ,
Intellectual Property Protection ,
Inventions ,
Patent Applications ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Popular ,
USPTO
The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's...more
Baker Donelson recently published an article called "The End of Non-Competition Agreements? Not so Fast!" The article summarizes the Federal Trade Commission's (FTC) final rule prohibiting most employers from binding the...more
The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the...more
Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and...more
1/18/2024
/ Advertising ,
Artificial Intelligence ,
Copyright ,
Deep Fake ,
Intellectual Property Protection ,
Lanham Act ,
Misappropriation ,
Name and Likeness ,
Proposed Legislation ,
Right of Publicity ,
Tennessee
INTRODUCTION -
Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more
11/20/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Art ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fair Use ,
Innovative Technology ,
Intellectual Property Protection ,
Inventors ,
Machine Learning ,
Transformative Use
Introduction - Generative artificial intelligence (GenAI) has dominated headlines for nearly all of 2023 and demonstrated that it has the potential to disrupt the economic landscape by displacing jobs and creating remarkable...more
Introduction - The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists...more
On June 8, 2023, the United States Supreme Court unanimously ruled in favor of liquor distiller Jack Daniel's in its dispute over a dog toy designed to emulate the recognized whiskey bottle. Through this ruling, the Court...more
Artificial intelligence (AI) is undoubtedly the hottest topic in technological innovation. The truth, however, is that conventional AI programs have long been applied as enterprise solutions for a variety of company services,...more