The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. In a case decided as early as 1985 [1], in a time long before the internet era, the English
2023
Who’s in control? Liability for copyright infringement by contractors and software developers
The High Court recently delivered its decision in Real Estate Tool Box v Campaigntrack 1 relating to copyright authorisation.
The High Court held that the appellants, who had engaged a third party software developer to create a real estate…
Black Card Can Register FOLLOW THE LEADER Mark
In a presidential decision, the Trademark Trial and Appeal Board (“TTAB”) held that Black Card, LLC can register FOLLOW THE LEADER because the phrase operates as a source identifier and not as an unregistrable common phrase.
Black Card applied to…
Is “A Change [] Gonna Come”?: Music Publishers Sue AI Startup Anthropic for Copyright Infringement
The Lawsuit
Another week, another lawsuit against generative AI. This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023…
Trade Marks in the Virtual World: Is your Business Well Meta-Versed in Emerging Technology?
Introduction
Digital technologies such as the metaverse, non-fungible tokens (NFTs), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks.
We have previously written about key steps…
Trader Joe’s Grocery Store Chain Sues Trader Joe Crypto Trading Platform
Trader Joe’s Co. (“Trader Joe’s”), the popular grocery store chain, recently filed suit against crypto trading platform Trader Joe (“Trader Joe”) and its developers for allegedly violating its rights in the TRADER JOE’S trademark.
Trader Joe’s owns numerous federal trademark…
The Board has no Time to Waste: TTAB Highlights Importance of Correctly Submitting and Categorizing Evidence in Proceedings
On September 29, 2023, the Trademark Trial and Appeal Board (“TTAB” or the “Board”) issued its 28th precedential decision of the year, this time focusing on appropriate discovery submissions and procedure. RLP Ventures, LLC v. Panini America, Inc.…
U.S. Supreme Court Agrees to Hear Case on Application of the Discovery Rule on Damages
The U.S. Supreme Court agreed on Friday to hear a case this term to decide whether a copyright plaintiff can recover damages for acts that occurred more than three years after the filing of a lawsuit. The case is poised…
Sweeter than Watermelon: When are Fruit Designs Functional?
The Third Circuit affirmed the cancellation of plaintiff PIM Brands, Inc.’s (“PIM”) trademark for “the shape of a wedge for candy, with an upper green section with white speckles, followed by a narrow middle white section and followed by a…
Navigating the Waters of Intellectual Property: A Closer Look at the FTC’s Patent Listing Policy
In the ever-evolving landscape of intellectual property and antitrust regulations, the Federal Trade Commission (FTC) issued a new Policy Statement on Patent Listing on September 14, 2023. This statement carries far-reaching implications for patent holders, competitors, and consumers alike. In…