March Madness or Trademark Madness? The NCAA v. DraftKings Lawsuit
The Briefing: The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues
The Briefing: New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk
Is My Private TV Stream a Public Performance? — No Infringement Intended Podcast
The Briefing: What Is Fair Use and Why Does It Matter? (Featured)
(Podcast) The Briefing: What Is Fair Use and Why Does It Matter? (Featured)
(Podcast) The Briefing: George Santos vs. Jimmy Kimmel: Why the 2nd Circuit Sided with Comedy
The Briefing: George Santos vs. Jimmy Kimmel: Why the 2nd Circuit Sided with Comedy
Can You Still Sample Like It's 1989? — No Infringement Intended Podcast
The Briefing: Anthropic Settles AI Training Case for $1.5 Billion +
(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?
The Briefing: What Is Fair Use and Why Does It Matter?
(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide
The Briefing: Anthropic, Copyright, and the Fair Use Divide
Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink — No Infringement Intended Podcast
JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows
Organizations that still believe well-worn myths concerning copyrighted materials do so to their own peril. Di’Vennci K. Lucas and Michael D. Hobbs Jr. of Troutman Pepper Locke break down several copyright-related fallacies...more
On March 20, 2026, the White House released a National Policy Framework for Artificial Intelligence. The framework sets forth legislative recommendations for seven policy areas:...more
Can you use “March Madness” without getting sued? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Marlow break down the NCAA’s lawsuit against DraftKings and the high stakes fight over one...more
The relationship between intellectual property (IP) and artificial intelligence (AI) is an unsettled one. Questions remain as to whether AI-generated output by “machines” can obtain IP protection in the absence of a human...more
The Legislative blueprint calls on Congress to: preempt state AI laws; consider additional intellectual property protections while leaving the fair use question for the courts; encourage AI innovation; and channel oversight...more
On March 19, 2026, the Canadian Federal Court of Appeal set aside two declarations issued by Justice Roy of the Federal Court (Canada) that touched on the intersection of fair dealing and technological protection measures...more
As you may know, the settlement last September of the copyright infringement case of Bartz, et al. v. Anthropic BPC resulted in the largest award in a copyright infringement case in the history of the United States – a $1.5...more
On February 10, 2026, Senators Adam Schiff (D-CA) and John Curtis (R-UT) introduced the Copyright Labeling and Ethical AI Reporting Act: the “CLEAR Act.” The bill has received endorsements from a multitude of organizations...more
On March 20, 2026, the White House released its National Policy Framework for Artificial Intelligence ("the Framework") outlining the administration’s recommended federal approach to AI regulation....more
A Walt Disney Co. gaming executive accused the company in CA state court of discriminating and retaliating against him after he complained about a human resources executive contacting his executive coach to "dig up dirt,"...more
On March 20, 2026, the White House released its National Policy Framework for Artificial Intelligence, including a sweeping set of legislative recommendations to shape the federal government's approach to AI governance and...more
In copyright infringement action by subject of pornographic film against publisher of social media post that contained still-frame image from film, district court grants motion to dismiss on fair use grounds, holding that...more
Kilpatrick’s Betsy Bengtson, Darin Brown, and Andrea LaFrance recently presented “A Trademark Practitioner’s Guide to Using AI: Guidelines, Use Cases, and Ethical Considerations” during the firm’s annual “SKI-LE” in...more
The American Law Institute (ALI) recently completed its Restatement of the Law, Copyright, a nearly decade-long project intended to guide courts in areas of copyright law where judicial discretion is broad. ...more
In a ruling with major implications for AI companies navigating copyright litigation, a federal judge in a copyright action against OpenAI has drawn a bright line between denying wrongdoing and inviting discovery into...more
At Loeb’s AI Summit in New York last week on Feb. 11, I had the opportunity to moderate a cross‑industry roundtable about intellectual property. The event brought together attorneys from entertainment, media, tech and...more
District court denies motion to dismiss copyright infringement claim against Tesla and owner Elon Musk based on their use of images from the movie Blade Runner 2049 to create an AI-generated image that was displayed at an...more
Courts Begin to Draw Lines Around AI Training, Piracy, and Market Harm - In 2025, U.S. courts issued the first substantive, merits-stage decisions addressing whether the use of copyrighted works to train generative artificial...more
AI copyright litigation continues, and the total number of cases may see its peak in 2026. In 2025, we saw the earliest rulings on the fair-use arguments about AI training in cases involving Meta and Anthropic. In 2026,...more
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
Q: Why do companies refer to the Super Bowl as The Big Game in their advertising? A: Because the Super Bowl is trademarked, but The Big Game is not. Of course news outlets can use either term under the fair use doctrine,...more
Kilpatrick’s Joe Petersen and Briggs Wright recently presented “The Current AI Landscape in Trademarks and Copyright” at the firm’s annual Advanced Trademark Law Seminar in New York. ...more
Kilpatrick partner Ted Davis spoke recently on recent developments in U.S. trademark and unfair competition law during Kilpatrick’s advanced trademark seminar....more
The art world is experiencing a digital revolution. Immersive technologies are reimagining the shapes that art can take and how the public can view the art. Museums offer augmented reality overlays that animate paintings....more
Section 101 eligibility remains one of the most unpredictable and frequently contested areas of U.S. patent practice, particularly for software, artificial intelligence, and machine learning....more