The Copyright Act provides that a copyright owner must bring an infringement claim within three years of its accrual. See 17 U. S. C. §507(b). In Warner Chappell Music, Inc., et al., Petitioners v. Sherman Nealy, et al., 601
Who is liable when an artificial intelligence system infringes copyright – a missed opportunity by the PRC Court
In our previous newsletter here, we reported a decision from the Beijing Internet Court ruling that the copyright of a portrait generated by an artificial intelligence (“AI”) program is owned by the user who “controlled meticulously” the parameters for…
Ninth Circuit’s decision “RAW”ks trademark world: BBK Tobacco & Foods LLP v. Central Agriculture, Inc.
In April, the Ninth Circuit issued a precedential decision, BBK Tobacco & Foods LLP , in that could change the course of a trademark applicant’s ability to register a mark. BBK Tobacco & Foods LLP v. Central Agriculture Inc.…
Trade Secrets Triumph: Mega RMB201.54m Verdict
On January 17, 2024, the Supreme People’s Court of China (“SPC”) published its decision upholding a ruling in favor of Sennics Chemical Technology Co., Ltd. (“Sennics”), granting them an award of RMB 201.54 million (around USD…
The TTAB’s Periodic Reminder that Deadlines Matter
In a decision earlier this year, the Trademark Trial and Appeal Board (“Board”) dismissed as moot a cancellation proceeding filed by Men’s Wearhouse, LLC against WKND NYC LLC for the mark
(hereinafter, “MW MRWKND”) because Men’s Wearhouse filed the cancellation…
The long-awaited amendments to the PRC Patent Implementation Regulations have finally arrived
We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here). More than three years later, the PRC State Council has finally approved and promulgated the amended Patent Implementation Regulations (“Regulations…
EVERYBODY is VS RACISM, so the Mark Fails as a Source Identifier
In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the…
Is that picture your creation or the AI program’s – an age-old question revisited
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…
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…