Earlier this week, a federal judge rejected an AI startup's claim that using copyrighted material to train its AI system was permissible under the fair use doctrine. The decision—Thomson Reuters Enterprise Centre GmbH v. Ross...more
Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence...more
When can a work created using artificial intelligence ("AI") be copyrighted? And, if an AI-enabled work can be copyrighted, who is the "author"? The Beijing, China Internet Court took a different approach than the U.S....more
On August 18, 2023, in Thaler v. Perlmutter, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia granted the U.S. Copyright Office's motion for summary judgment, affirming the Copyright Office's...more
On June 8, 2023, the Supreme Court issued a highly anticipated decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, No. 22-148 (U.S.). The decision left intact existing legal protections for the use of trademarks...more
6/16/2023
/ 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
The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince -
On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of...more
Some say Pablo Picasso coined the adage, "good artists copy and great artists steal." Whether or not Picasso was truly the originator of the phrase, it captures a tension underlying copyright law. When is a work merely...more