The US Supreme Court has declined to consider the copyrightability of artwork generated purely autonomously by artificial intelligence, leaving in place the “human authorship requirement” for copyright protection. In this...more
3/6/2026
/ Artificial Intelligence ,
Authorship ,
Certiorari ,
Copyright ,
Copyright Office ,
Copyright Registration ,
Copyrightable Subject Matter ,
Denial of Certiorari ,
Emerging Technologies ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
SCOTUS ,
Statutory Interpretation ,
The Copyright Act
The US Court of Appeals for the Ninth Circuit has affirmed the district court’s judgment in Sedlik v. Von Drachenberg, a closely watched copyright infringement case involving famed tattoo artist Kat Von D and a photograph of...more
2/10/2026
/ Appeals ,
Art ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
En Banc Review ,
Fair Use ,
Intellectual Property Protection ,
Jury Trial ,
Risk Management ,
Social Media ,
Tattoos ,
The Copyright Act ,
Venue
The Campbell’s Company and CSC Brands LP recently resolved a trademark infringement lawsuit against Michigan congressional candidate Shelby Nicole Campbell and her “Campbell for Congress” campaign, which used imagery closely...more
As companies expand their use of artificial intelligence, copyright law has become a central area of risk and uncertainty. Building on a recent Tech Marathon webinar presented by Morgan Lewis, we highlight key takeaways from...more
9/24/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Fair Use ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
New Legislation ,
Regulatory Requirements ,
Risk Management
A recent decision that will allow rap group 2 Live Crew to terminate a prior transfer of its copyrighted songs to a record label is a reminder that, due to a unique provision of the Copyright Act of 1976, every company that...more
In the case, Atari had alleged that Redbubble failed to adequately police its marketplace to remove artist uploads that counterfeited or infringed upon Atari’s trademarks in its logo and other iconic images. As part of its...more
Automotive and mobility manufacturers boast some of the most well-known brands in the world, but imitation isn’t a form of flattery for companies trying to protect their valuable marks. As the automotive and mobility market...more
The US Copyright Office (Copyright Office), on March 15, published draft revisions to hundreds of sections of its registration guidelines (Draft Revisions) in its Compendium of U.S. Copyright Office Practices (Compendium)....more
Effective June 1, the local rule for patent cases in the US District Court for the District of Massachusetts, Local Rule 16.6, has been amended. The amendments replace the former rule entirely and apply to all cases for which...more
The Lanham Act’s restriction on trademarks that disparage persons living or dead violates the First Amendment.
Though the United States Patent and Trademark Office (USPTO) has sometimes reversed its position on whether a...more
6/22/2017
/ Disparagement ,
First Amendment ,
Free Speech ,
Lanham Act ,
Matal v Tam ,
Music Industry ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO
The Supreme Court’s ruling in Star Athletica, LLC v. Varsity Brands, Inc. significantly expands copyright protection for useful articles.
On March 22, 2017, the US Supreme Court set out a new standard for copyrightability...more
3/25/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms
The rule changes are aimed at streamlining proceedings before the TTAB.
The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more
11/7/2016
/ Corporate Counsel ,
Discovery ,
Ex Parte ,
Inter Partes Review (IPR) Proceeding ,
Paid Time Off (PTO) ,
Popular ,
Summary Judgment ,
Testimony ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
Young Lawyers
The decision in this case will clarify the conceptual separability test and could offer broader protection for useful articles.
The US Supreme Court granted certiorari on May 2 in Star Athletica, L.L.C. v. Varsity...more
The ruling creates new risks to assess in TTAB litigation strategies.
On March 24, the US Supreme Court decided in the case of B&B Hardware, Inc. v. Hargis Industries, Inc. that a decision by the Trademark Trial and...more