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Copyright Ownership of AI-Generated Art

Today, practically anyone with an internet connection can use artificial intelligence tools like DALL·E and Midjourney to generate increasingly-complex images. While many AI-enabled images...

Rights and Priorities: Foreign Trademark Applicants and Section 44

Foreign Trademark Applicants – Breaking Down Section 44: How Foreign Trademark Applicants Can Obtain U.S. Trademark Protection Section 44 of the U.S. Trademark Act,...

Transformative Use and Infringing Derivatives: The Future Under Warhol v. Goldsmith

Introduction: The Future of Derivative Works and Copyright Law Under Warhol v. Goldsmith Transformative Use and Infringing Derivatives Derivative Works – On October 12,...

Gruyere, But Not Gruyere: The Ongoing Battle of Generic Terms and Geographic Indicators

Gruyere cheese, But Not Gruyere cheese – Can U.S. dairy retailers label cheese as “Gruyere” even if it is not produced in the Gruyère...

Students Making Sense of a New Landscape: Name Image and Likeness in College Athletics

The Billion-Dollar Industry of College Sports & NIL: Name Image Likeness Name Image Likeness (NIL) – Taking Unfair Advantage of Student Athletes. College sports...

Fandom and Fair Use – Fan Art

Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This...

The Legal Landscape of Landscape Design

Landscape Design Copyright Protection – Thanks to California’s sunny climate and culture of outdoor living, many California residents enlist landscape designers to create the...
Repost

Infringement in the Reposting: Copyright Lawsuits from Reposting Social Media Content

Reposting social media content – Learn about copyright infringement risks when reposting social media content. Get tips on asking for permission, giving credit, using...
The Accidental Franchise

The Accidental Franchise: Trademark Licensing and the Dangers of Overreach

The Accidental Franchise: Trademark Licensing and the Dangers of Overreach What’s in this article… When Might A Franchise Be Formed? What’s The Difference? Why...

Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite

Copyright Infringement Claims in the Realm of Arbitration Copyright registration – In order to bring a copyright infringement claim in arbitration, the copyright owner...

A Rose By Any Other Name … But Likely Not a Trademark

Trademark a plant? Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that...

Trademark Modernization Act of 2020: Increasing Protective Measures

Trademark Modernization Act of 2020: Increasing Protective Measures What’s in this article… Fighting Fraudulent Applications Through The Trademark Modernization Act of 2020 The Trademark...

No Damages, Big Problem: Infringement Claims Lacking Cognizable Injury

No Damages, Big Problem: Infringement Claims Lacking Cognizable Injury What’s in this article… No Damages, No Case? Proving Loss Of Profits As Loss Of...

Fair and Foul in Tech and Copyright

Fair and Foul in Tech and Copyright What’s in this article… What is Fair Use in Copyright Law? Practical Analysis of Fair Use Conflicts...

Copyright After Death: Ensuring Your Legacy Lives On

Copyright After Death Copyright after death – In general, copyright protection exists during the lifetime of the creator and for a certain period of...

LLC Withdrawal and the Operating Agreement: Know Where the Exits Are Before Creating Your LLC

LLC Withdrawal and the Operating Agreement – The limited liability company (“LLC”) has become one of the most desired forms of a closely held...

Nominative Fair Use: One Defense Against a Brand Bully

Understanding Brand Bullies On top of today’s extremely competitive market, small businesses may be also dealing with a “brand bully.” Also known as a...
copyright

Why You Need To Maximize Your Copyright Protection Early

Why You Need to Maximize Your Copyright Protection Early Copyright is a form of protection grounded in the U.S. Constitution granted for original works...

When Unprotected Elements In Trademarks And Copyrights Get You In Hot Water

Trademark and Copyright Issues to Consider With Sales of Athletic Goods and Apparel When can a generic design rise to an infringement of intellectual...

Do Two Generics Make a Trademark Registration?

SCOTUS Ruling In USPTO v. Booking.com Opens The Door For Generic Domain Owners To Register Their Trademark The U.S. Patent and Trademark Office (USPTO)...
Trademark Ornamental Refusals - What to Consider

Trademark Ornamental Refusals – What to Consider

Trademark Ornamental Refusals – What to Consider Sometimes, the USPTO will issue eccentric and unusual refusals to a trademark application. One such refusal is...
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