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
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
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
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
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
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
For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors. But including a Work Made for Hire Clause (“WMFH Clause”) in an...more
4/30/2021
/ Assignments ,
Copyright ,
Disability Insurance ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Independent Contractors ,
Intellectual Property Protection ,
Labor Code ,
Misclassification ,
Unemployment Insurance ,
Work Made For Hire Doctrine
Intellectual property (IP) is a critical issue in the cannabis industry. Creating and protecting cannabis products, processes, and brands comes with unique challenges, and certain IP laws may apply differently to cannabis...more
1/13/2021
/ Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Continuing Legal Education ,
Copyright ,
Intellectual Property Protection ,
Misappropriation ,
Patents ,
Trade Secrets ,
Trademarks ,
Webinars
With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more
4/14/2020
/ Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
European Union Intellectual Property Office (EUIPO) ,
Filing Deadlines ,
Intellectual Property Protection ,
Trademark Application ,
Trademark Litigation ,
Trademark Office ,
Trademark Registration ,
Trademarks ,
USPTO
With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more
3/27/2020
/ Administrative Appeals ,
Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
European Union Intellectual Property Office (EUIPO) ,
Foreign Trademark ,
Intellectual Property Protection ,
Office Closures ,
Trademark Application ,
Trademark Cancellation ,
Trademark Opposition Proceedings ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Cannabis businesses need to keep up with the constantly changing legislative landscape and the same brand protection and online requirements that impact any business. It is vital that businesses producing cannabis products,...more