In rejecting an AI company's fair use defense for using Thomson Reuters' Westlaw headnotes to train its competing legal tool, Judge Bilas, the District of Delaware judge in Thomson Reuters Enterprise Centre GMBH and West...more
In a long-anticipated report from the U.S. Copyright Office providing guidance on the copyrightability of works created by and/or with the assistance of Artificial Intelligence, the Office reaffirmed its previous guidance...more
For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and...more
1/14/2025
/ Confidentiality Agreements ,
Copyright ,
Copyright Infringement ,
Employee Training ,
Enforcement ,
Intellectual Property Protection ,
Non-Disclosure Agreement ,
Patent Applications ,
Patents ,
Trade Dress ,
Trade Secrets ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
As a general rule, in order to be protectable trade dress, a feature of a product, for example, the product's color, must be nonfunctional. That is, the feature must have been an arbitrary choice added to identify the source...more
The wine industry, with its rich history and vibrant marketplace, relies heavily on branding and innovation. Protecting your brand and other intellectual property (IP) is crucial for maintaining a competitive edge and...more
10/7/2024
/ Best Practices ,
Business Assets ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Events ,
Intellectual Property Protection ,
Personal Information ,
State Privacy Laws ,
Wine & Alcohol ,
Wineries
In the hearing on the appeal of the U.S. Copyright Office's refusal to register his AI-created artwork ("A Return to Paradise," a copy of which appears above) and the district court's affirming of the refusal, programmer...more
When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening...more
Coming out of their recent rulemaking meeting, the California Privacy Protection Agency is not surprisingly finding the question of how to regulate the use of ADMT to be a difficult one. While pointing to consumer interest...more
Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more
6/10/2024
/ Appeals ,
Certification Marks ,
Goods or Services ,
Inherently Distinctive ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Third-Party ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Trial and Appeal Board ,
Trademarks
After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The declaratory relief decision will similarly answer the question of whether Oakland's use of the...more
Attorneys General from fourteen states—California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Minnesota, Nevada, New York, Oregon, Pennsylvania, and Vermont—and the District of Columbia urged...more
As law firms and other businesses increasingly look to AI-driven software to drive efficiency, the importance of meticulous review of not just their capabilities and features, but also the agreements under which they are...more
It might not have been successful, but query why Trump didn't argue Section 230 shields him from liability for reposts under Section 230?
It is settled law that Section 230, which is often thought to only shield...more
Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some interesting issues to be decided (if it gets that far)...more
The U.S. is rightfully protective of U.S. consumers, and the Federal Trade Commission (FTC) often takes the role of protecting privacy rights through Section 5 of the FTC Act. The linked article highlights such enforcement...more
Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong interest in avoiding preemption, it seems unlikely the American Privacy Rights Act will...more
Senator Maria Cantwell (D-Washington) and Representative Cathy McMorris Rodgers (R-Washington) have presented a draft of a federal data privacy law, the American Privacy Rights Act (APRA). APRA would largely preempt the...more
This is an interesting thought. But a big concern is one that is already an issue in the corporate world: the biases of the AI “judges” employed to make determinations regarding customers. I'd fear the training materials...more
Actual confusion is considered the sine qua non of trademark infringement. The presence of actual confusion can carry the day in proving a likelihood of confusion entitling the claimant to summary judgment. But not all...more
In California Privacy Protection Agency et al. v. The Superior Court of Sacramento County (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy...more
In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting...more
9/7/2023
/ Artificial Intelligence ,
Charitable Organizations ,
Copyright ,
Copyright Infringement ,
Copyright Ownership ,
Data Collection ,
Data Privacy ,
Intellectual Property Protection ,
Popular ,
Privacy Concerns ,
Right of Publicity ,
Shareholders ,
User-Generated Content
If you are like most wine brands, DTC through your tasting room, club, and website can only take you so far. Success usually means accessing the general on- and off-premise markets, and accessing those markets means working...more
9/6/2023
/ Contract Terms ,
Exclusivity ,
Intellectual Property Protection ,
Partnerships ,
Pricing ,
Reporting Requirements ,
Sales & Distribution Agreements ,
Suppliers ,
Termination ,
Wine & Alcohol ,
Written Consent
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and I'm happy to have my Farella colleague Nate Garhart back for a chat about artificial intelligence and what nonprofits need to know when using...more
ChatGPT got the early press, and every day we learn of new generative artificial intelligence products that can create new and creative visual and text responses to human input. Following on ChatGPT’s fame, Google’s Bard and...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, Cynthia Rowland and Nate Garhart discuss privacy laws and how they affect website content development and online activities by nonprofits.
They begin...more