Dupes of original branded items present significant intellectual property (IP) challenges in the fashion industry. Not all fashion products are entitled to IP protection and perceived similarities between products do not...more
The U.S. Court of Appeals for the D.C. Circuit has affirmed a district court ruling that human authorship is a bedrock requirement to register a copyright, and that an artificial intelligence system cannot be deemed the...more
The use of artificial intelligence (AI) in the film and television industry in content creation raises many legal and business issues. One key issue is the ownership of the works generated using AI and the ability to register...more
To protect its data and better compete in the market, an organization must treat its data as an intellectual property. That means understanding the different intellectual property regimes and their accompanying requirements....more
The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. ...more
Further to Woods Rogers’s recent e-alert, the U.S. Patent & Trademark Office (USPTO) issued guidance on the patentability of inventions developed using artificial intelligence (AI). The guidance—which has sparked a flurry of...more
With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations. Looking to trade secret law to protect AI is facially...more
The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process....more
For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more
On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees....more
As we’ve previously written, the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are...more
Key Points - On July 28, 2023, President Biden signed EO 14104, “Federal Research and Development in Support of Domestic Manufacturing and United States Jobs,” which aims to increase domestic manufacturing and...more
AI is already capable of doing all sorts of tasks that, until recently, could only have been done by humans. But if AI is working for you, could it be infringing others’ intellectual property rights? And might you be liable...more
Every patent names the individual or individuals who are credited with creating the invention claimed in the patent. Having incorrect names listed potentially risks both ownership and validity of the patent. With today’s...more
The New York State Legislature passed Senate Bill 5640 / Assembly Bill 6829 on June 6, 2023, which, if the governor signs, would amend the Labor Law and add a new section 203-f, regulating the use and enforceability of...more
A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual...more
In recent years, Artificial Intelligence (AI) has taken a significant step forward. For example, the following is a text generated by ChatGPT (a public AI chat bot) when prompted to “write a 300-word paper on how ChatGPT will...more
For the high-growth startups we represent (and into which our venture capital clients invest), intellectual property (IP) is typically the core asset driving the company’s value. Ensuring that the company’s IP is properly...more
Actor and comedian Seth Green, best known for creating Robot Chicken and portraying Dr. Evil’s son in the Austin Powers franchise, announced on Twitter last month that phishers stole his four “Bored Ape” NFTs. Let’s break...more
On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more
Companies are transforming legacy systems, implementing automation and artificial intelligence tools, embedding digital capabilities into their products, shifting to cloud solutions and leveraging technology to better connect...more
In a recent joint report from the European Union Intellectual Property office (“EUIPO”) and the European Patent Office (“EPO”), the impact of Intellectual Property Rights on the performance of companies is discussed. ...more
When a plaintiff asserts claims of trade secret misappropriation, it must own the underlying trade secrets, right? Wrong. According to the Third Circuit’s April 30, 2020 decision in Advanced Fluid Systems, Inc. v. Huber,...more
The UK’s consumer sector has shown resilience against the backdrop of challenging political and economic conditions. Consumers in the UK remain willing to spend; however, the way in which they do so is changing, with...more
A new "IP Fast Action Protocol" has been approved by the Commercial Courts of Barcelona and the European Union Trademark Courts located in Alicante in order to facilitate the handling of IP-related disputes before and during...more