The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
Emerging Strategies for Protecting Global IP Rights
Patent Series: Protecting inventions
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Harlem Shake's Copyright Issues
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
2024 saw strong interest in M&A involving companies that use or develop artificial intelligence (“AI”) offerings. The rise of AI has brought new issues for companies and dealmakers. In particular, 2024 saw regulators focusing...more
An increasingly competitive and fractured marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets, enforcing your rights, and mitigating intellectual property risks are more challenging...more
Few areas will be as impacted by the incoming second Trump administration as international trade policy. Check out our team’s assessment of what the coming year may bring for trade regulation and enforcement. Husch...more
Failure to Obtain Advice of a Third Party Is Not Evidence of Willfulness - In Provisur Technologies, Inc., v. Weber, Inc., Appeal No. 23-1438, the Federal Circuit held that patentees cannot use an accused infringer’s failure...more
Image Alex Shandro It appears that the debate surrounding the UK’s Text and Data Mining (TDM) exception is about to reignite. TDM exceptions are key to assessing the legality of training generative AI models, and to...more
Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola,...more
This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more
The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more
On June 11, 2024, Representatives Jerry Nadler (D-NY) and Darrell Issa (R-CA) of the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet reintroduced the Stopping Harmful...more
In the rapidly evolving landscape of AI, the valuation and viability of AI companies are extensively tied to their intellectual property assets. For AI companies, safeguarding these assets is not just about legal...more
The NCAA and the Power 5 conferences have told a CA federal judge that the “highly varied and diverse ways” schools compensated athletes after the 2021 Alston Supreme Court decision make it implausible to certify the class...more
Smart product manufacturers invest in protecting their intellectual property rights. Preventing and addressing counterfeit and infringing products on an ongoing basis should be prioritized as a core function of their...more
Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create...more
In today's digital age, where smartphones and cameras are common, capturing moments through videos or photos has become second nature. However, it's important to be aware of copyright laws, especially when recording inside...more
On November 30, 2022, OpenAI captured the world’s attention when it introduced version 3.5 of its ChatGPT service. What began as cocktail hour conversations and funny experiments quickly made its way into boardrooms and...more
In October 2023, the International Union for the Protection of New Varieties of Plants (UPOV) published a long-awaited updated Explanatory Note on Essentially Derived Varieties (EDVs). The UPOV Convention outlines a popular...more
In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against...more
Artificial intelligence (AI) is rapidly transforming the world around us, and intellectual property (IP) is no exception. AI is being used to create new and innovative products and services, and it is also being used to...more
At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more
A recent decision by a California district court in J. Doe 1 v. GitHub, Inc., a case brought by computer programmers alleging that their works had been used to train AI models that generate computer code in violation of their...more
As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC). From understanding...more
Everyone seems to be talking about AI these days. There is no shortage of news stories about new advances in AI technology, the latest missteps of people using “bad” information generated from AI technology, and conjecture...more
Trends, triumphs and challenges – the first annual BakerHostetler IP Perspectives (BHIPP) provides insights on all three fronts in the complex world of intellectual property (IP). From the potential hazards associated with...more
Is “milk” an item, or just a word? This question, among others, is set to be answered on January 12, 2024, as Freshub Inc. (Freshub) and Amazon.com, Inc. (Amazon) argue before the Federal Circuit (Nos. 22-1391, 2022-1425). ...more
"I expect to see an increased focus on GenAI-specific inquiries in the due diligence process and corresponding representations and warranties in purchase and merger agreements. Governing legal terms and conditions vary...more