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 have been created solely as personal experiments rather than for public or commercial uses, this new technology raises interesting questions related to copyright law. Who should own the rights to these...Read More

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, also known as the Lanham Act, provides an important and convenient avenue for foreign trademark owners to apply for trademark registration in the United States. Foreign trademark applicants have two options...Read More

Introduction: The Future of Derivative Works and Copyright Law Under Warhol v. Goldsmith Transformative Use and Infringing Derivatives Derivative Works – On October 12, 2022, the United States Supreme Court heard oral arguments in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that has the potential to drastically alter the landscape of...Read More

Gruyere cheese, But Not Gruyere cheese – Can U.S. dairy retailers label cheese as “Gruyere” even if it is not produced in the Gruyère region of Switzerland and France? According to a recent decision from a Virginia federal court, the answer is yes — at least for now. The Virginia Court upheld an administrative decision...Read More

The Billion-Dollar Industry of College Sports & NIL: Name Image Likeness Name Image Likeness (NIL) – Taking Unfair Advantage of Student Athletes. College sports is a billion-dollar game. In fact, the U.S. Department of Education estimates that college sports generate more than $14 billion dollars of revenue each year from ticket sales, TV deals, and...Read More

Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This might include drawings, t-shirt designs, posters, jewelry, and other items featuring popular characters, figures, costumes, or scenery whose copyright is owned by someone else. While fans may think that their creations...Read More

Landscape Design Copyright Protection – Thanks to California’s sunny climate and culture of outdoor living, many California residents enlist landscape designers to create the perfect outdoor space. These outdoor living amenities are often widely shared on social media sites like Instagram, Pinterest, and Facebook, and publicized in magazines and advertising circulars. Thus, landscape designers should...Read More

Reposting social media content – Learn about copyright infringement risks when reposting social media content. Get tips on asking for permission, giving credit, using repost apps, and understanding fair use. Infringement in the Reposting: Copyright Lawsuits from Reposted Social Media Content What’s in this article… Ask For Permission Give Credit To The Copyright Owner Use...Read More

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 Does The Franchise Vs. License Distinction Matter? How Is A Franchise Created? How Can A Franchise Be Avoided? How to Avoid Creating an Accidental Franchise Accidental franchise? Franchise law is complex...Read More

Trademark a plant? Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have bred and created be trademarked? A Rose By Any Other Name … But Likely Not a Trademark What’s in this article… Can You Trademark A Plant? Real World Trademark...Read More