The IP Law Blog
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The Intellectual Property Law Blog provides counsel in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing and promotions and sweepstakes. The blog's objective is to serve as a forum to discuss IP strategies that provide protection to a business' or persons' intangible assets.
The IP Law Blog
6d ago
Discover how truth became the ultimate defense in the legal battle between Cynthia Love and Kanye West. Join Scott Hervey and Eric Caligiuri from Weintraub Tobin as they unpack the court’s ruling on whether displaying historical footage amounts to defamation on this episode of ‘The Briefing’.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more
The IP Law Blog
1w ago
Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more
The IP Law Blog
1w ago
OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’ motions to dismiss various claims in the two pending putative class action lawsuits.
The plaintiffs in the two lawsuits alleged similar claims against the OpenAI defendants, specifically asserting cl ..read more
The IP Law Blog
2w ago
How far back can a plaintiff recover damages in a copyright infringement case? Scott Hervey and Jamie Lincenberg discuss this contested copyright law question in this installment of “The Briefing” by Weintraub Tobin.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more
The IP Law Blog
3w ago
UPDATED 3/04/2024
On March 1, 2024, a lower Alabama federal court held that the Corporate Transparency Act, which requires certain businesses to file a BOI Report with FinCEN that includes information about their beneficial owners, is unconstitutional. Importantly, this ruling DOES NOT affect the legal obligation of entities formed in California, Nevada, or Delaware (among other states) to file their BOI Report within the timeframes specified in the chart below at this time. We are monitoring the development of this and similar court actions across the nation and will continue ..read more
The IP Law Blog
3w ago
Delve into the new WGA and SAG contract provisions relating to AI. Scott Hervey and Jamie Lincenberg tackle the terms and changes in this installment of “The Briefing” by Weintraub Tobin.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more
The IP Law Blog
3w ago
The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023) 2023 U.S. App. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.
The claims in Elbaum’s patent application were directed to a method of allowing retail “walk-in” stores to compete with online stores by offering the same products, which were not in stock in the wa ..read more
The IP Law Blog
1M ago
Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the next installment of “The Briefing.”
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more
The IP Law Blog
1M ago
As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey and James discuss the Ninth Circuit’s opinion on the case in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
Read James’ article here ..read more
The IP Law Blog
1M ago
On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention. The USPTO explained that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity. Thus, patent protection may be sought for inventions for which a natural person provided a significant contribution ..read more