The US Court of Appeals for the District of Columbia upheld a district court ruling that affirmed the US Copyright Office’s (CO) denial of a copyright application for artwork created by artificial intelligence (AI), reaffirming that human authorship is necessary for copyright registration. Thaler v. Perlmutter, Case No. 23-5233 (D.C. Cir. Mar. 18, 2025) (Millett,
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Assessing Inputs: Determining AI’s Role in US Intellectual Property Protections
The US Patent & Trademark Office (PTO) issued additional guidance on the contribution of artificial intelligence (AI) in its January 2025 AI Strategy. Similarly, the US Copyright Office issued part two of its “Copyright and Artificial Intelligence” report, addressing the copyrightability of AI- or partially AI-made works. Both agencies appear to be walking a fine…
Case Closed: OpenAI Prevails on Secondary Meaning
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.…
The Value of Data and Artificial Intelligence in the Alcohol Industry
Members in the ever-evolving alcohol industry are leveraging data and artificial intelligence (AI) to drive innovation, enhance customer experiences, and optimize operations, all in an effort to increase efficiency and profitability in the market. There are several ways AI is being used to transform this industry: Marketing and Insights Data is highly valuable and can…
Data Mining for AI Systems Training Permitted Under German Law
By Paulina Simons & LL.M.
In a landmark decision, a German district court recently decided that copying images to create a data set that can potentially be used for training generative artificial intelligence (AI) systems does not infringe German copyright law. Robert Kneschke v. Large Scale Artificial Intelligence Open Network, Case No. GRUR-RS 2024, 25458 (Hamburg District Court Sept. 27,…
Texas AG’s Landmark AI Settlement: A Wake-Up Call for Health Tech & AI Companies
By Jiayan Chen
Healthcare providers, payors, and other healthcare organizations should be aware of a recently announced, “first-of-its-kind” settlement between the Texas attorney general and a healthcare generative artificial intelligence (AI) company resolving allegations that the company made a series of false and misleading statements about the accuracy and safety of its AI products. The settlement highlights the…
3 Expert Perspectives on Adopting Human-Centric AI and Navigating the Future of Work
How can organizations adopt a human-centric approach to artificial intelligence (AI) use in the workplace? In this SHRM article, Kathleen Pearson, McDermott’s chief human resources officer, discusses the Firm’s adoption of the emerging technology and how she’s brought cross-functional teams together to explore AI use cases. Access the article.
NO FAKES Act Would Create Individual Property Right to Control Digital Replicas
By Sarah Bro
On July 31, 2024, a bipartisan group of US senators introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act of 2024 to protect the voice and visual likeness rights of individuals from unauthorized use in the form of digital replicas, including digital replicas created by generative artificial intelligence (AI). The bill…
AI Takeover: PTO Issues More Patent Eligibility Guidance for AI Inventions
By Peter Brunovskis & PhD
The US Patent & Trademark Office (PTO) issued a 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, which focuses on subject matter eligibility for artificial intelligence (AI)-based inventions. 89 Fed. Reg. 58128 (July 17, 2024). The new guidance is part of the PTO’s ongoing efforts since 2019 to provide clarity on…
State Regulators Address Insurers’ Use of AI: 11 States Adopt NAIC Model Bulletin
In December 2023, the National Association of Insurance Commissioners (NAIC) adopted a Model Bulletin on the Use of Artificial Intelligence (AI) Systems by Insurers. The model bulletin reminds insurance carriers that they must comply with all applicable insurance laws and regulations (e.g., prohibitions against unfair trade practices) when making decisions that impact consumers, including when…