The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous based on its finding that the plaintiff had likely acquired secondary meaning in the mark. OpenAI, Inc. v.
AI-based Inventions: Patenting vs. Trade Secret Considerations
PatentNext Takeaway: When deciding whether to patent AI-based inventions or maintain them as trade secrets, key considerations include the extent of public disclosure and the detectability of the AI model. Deploying an AI model in consumer-facing devices or making its output public often supports patenting to secure exclusivity. On the other hand, low detectability and
EU Evaluates Standalone AI Liability Directive
For some time, the EU has been contemplating the introduction of a new Directive to make it easier for consumers to bring claims for a range of alleged harms caused by AI systems, commonly referred to as the AI Liability Directive (the “AILD”).
Promotions Trends to Look for in 2025
As a whirlwind 2024 draws to a close, we here at BakerHostetler are reflecting on the promotions trends we’ve seen this year and what we predict you will see more of in 2025. Below, we pinpoint those trends and share some best practices to keep in-house counsel ahead of the game.
Sweepstakes and Contest Fundamentals
USPTO Employee AI Usage
*This post was authored by Daniel Lass, law clerk at Robinson+Cole. Daniel is not admitted to practice law.
Last year, as reported in a memo recently obtained by WIRED, the United States Patent and Trademark Office (USPTO) issued internal guidance that its examiners and other employees cannot use generative artificial intelligence (AI) for any
Ping® by Adlerlaw Companies & Artists Making Headlines For The Wrong Reasons
This month Ping® by Adlerlaw looks at recent copyright lawsuits and the companies and artists making headlines for the wrong reasons, such as OpenAI, The White Stripes, Cardi B, Megan Thee Stallion, GloRilla and Soulja Boy, all sued for Copyright Infringement
A curated snippet of each case is summarized below.
Copyright Lawsuit Weekly Update
ANA Children’s Advertising and Privacy Roundup
The Association of National Advertisers (ANA) held its annual Masters of Advertising Law Conference November 11-13 in sunny Scottsdale, Arizona, and wow, children’s advertising and privacy was a hot-button topic at the conference, with several panels focused on these issues. The Children’s and Teens’ Online Privacy Protection Act (COPPA 2.0), the Kids Online Safety Act
The digital author – An AI artist challenges the USCO’s decision that an ‘AI-assisted’ artwork is not eligible for copyright protection
On September 26th, 2024, AI artist Jason Allen filed an appeal at the U.S. District Court of Colorado requesting the reversal of a US Copyright Office (‘USCO’) decision to deny copyright protection for his artwork ‘Théâtre d’Opéra Spatial’.
Mr. Allen’s first attempt to secure copyright protection for his work dates back to
Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024
Seyfarth is proud to serve as a Silver Sponsor of the Trade Secrets Symposium 2024: Navigating the Law of Trade Secrets and Restrictive Covenants, presented by the New York City Bar Association. This two-day virtual event will take place on Monday, December 9, and Tuesday, December 10, 2024, from 9:00 a.m. to 1:25 p.m. (ET).
Average Cost of a Trademark Infringement Lawsuit: A 2024 Guide
There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion.
Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. A cease and desist letter is typically the most cost-effective option, but in some cases