On October 30, 2023, President Biden issued an expansive Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), aiming to establish standards for AI technology to...more
11/8/2023
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Department of Education ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Executive Orders ,
Healthcare ,
Intellectual Property Protection ,
Machine Learning ,
National Security ,
NIST ,
Regulatory Agenda ,
Risk Management ,
Technology Sector
On October 4, the Federal Trade Commission (FTC) hosted a virtual roundtable discussion to understand the impact of generative artificial intelligence (GenAI) on creative fields.
FTC Chair Lina M. Khan acknowledged that...more
This notice signals the Copyright Office’s continued interest in the questions raised by generative AI in the copyright space and offers an opportunity for stakeholders to provide feedback on whether legislative or regulatory...more
The US Supreme Court rejected First Amendment defenses raised by the maker of whiskey bottle-shaped dog chew toys branded BAD SPANIELS based on claims of trademark infringement and dilution of JACK DANIEL’S marks.
...more
8/17/2023
/ Cease and Desist ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
A New York City jury just returned a verdict in favor of Hermès in a historic dispute between the luxury fashion house and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to Hermès’ famous...more
With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023....more
1/31/2023
/ Blockchain ,
CFTC ,
Class Action ,
Compliance ,
Customer-Loyalty Programs ,
Data Privacy ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
DMCA ,
Enforcement ,
Federal Trade Commission (FTC) ,
ICANN ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Professional Development ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more
The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more
Last week the Supreme Court agreed to hear the case Unicolors, Inc. v. H & M Hennes & Mauritz, LP, which considers when inaccuracies in a US copyright application can be used to invalidate a resulting registration.
The case...more
Is a MASTER RANCHER also the RANCHMASTER? That is the question pondered by the TTAB in this ex parte appeal.
The hardware store, True Value Company, despite owning numerous registrations for “MASTER-” formative marks, was...more
In a precedential opinion issued by the Trademark Trial & Appeal Board in In re Texas With Love, LLC (Serial No. 87793802) (Oct. 29, 2020), the applicant, Texas with Love, LLC, sought registration for the mark TEXAS LOVE for...more
The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never...more
Battle of Goodwill -
Garnish & Gather LLC is a meal delivery kit service offered to customers in Atlanta, Georgia, since 2013. In connection with its delivery service and its locally sourced produce, G&G registered the...more
12/30/2019
/ Brand ,
Cease and Desist ,
Design Trademarks ,
Dilution ,
Intellectual Property Protection ,
Motion to Transfer ,
Target ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition