As generative artificial intelligence (AI) capabilities advance, courts and the U.S. Copyright Office have grappled with the issue of who, or what—if anyone—owns the copyrights in works generated by AI systems. Fundamental questions have focused on whether copyright requires human
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm that publishes content primarily focused on intellectual property law. Their blog covers topics such as patent application processes, trademark disputes, and developments in patent and trademark law. The firm provides analysis of recent legal decisions, updates on regulatory programs like those from the United States Patent and Trademark Office, and insights into procedural aspects of intellectual property protection. Their publications serve to inform practitioners, applicants, and stakeholders about changes and strategies in patent and trademark law.
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Latest from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - Page 3
‘Defendant’ Means Defendant – SCOTUS Reverses District Court’s $43M Award of Affiliates’ Profits for Trademark Infringement
By Publisher
In a unanimous decision, the Supreme Court held that a district court erred when it included profits of the defendant’s non-party affiliates in its calculation of “defendant’s profits” under the Lanham Act.Read more
Thomson Reuters Enter. Centre GmbH et al v. ROSS Intelligence Inc.
By Publisher
On February 11, 2025, the U.S. district court for the District of Delaware revised its own 2023 opinion and found on summary judgment that ROSS Intelligence’s (“Ross”) use of certain Westlaw “headnotes” to develop Ross’s AI-powered legal research tool constituted…
Second Circuit Denies Rehearing En Banc, Affirming No Reasonable Jury Could Find Sheeran’s “Thinking Out Loud” and Gaye’s “Let’s Get It On” Are Substantially Similar
By Publisher
The U.S. Court of Appeals for the Second Circuit vindicated pop star Ed Sheeran against copyright infringement claims directed to his 2014 hit “Thinking Out Loud.” A holding company called Structured Asset Sales, LLC (“SAS”) sued Sheeran in 2018, claiming…
Changes to USPTO Patent Fees for 2025
By Publisher
Effective January 19, 2025, the United States Patent and Trademark Office (USPTO) will implement significant changes to patent fees following the last review in fiscal year 2021. According to the final rule published on November 20, 2024, the USPTO will…
USPTO Trademark Fees: Changes for 2025
By Publisher
Effective January 18, 2025, trademark applicants and registrants will face changes in USPTO trademark fees. The USPTO last increased existing fees and introduced some new fees in 2021. It published its final rule-making on trademark fees on November 18, 2024…
USPTO to Target Fake Trademark Specimens of Use With Expanded Audit Program
By Publisher
Hoping to crack down on the ever-increasing problem of overbroad trademark registrations and fake specimens of use, the United States Patent and Trademark Office (“USPTO”) has announced that it will expand its existing audit program, currently conducted on a random…
Prosecution Pointer 429
By Publisher
Librarian of Congress Adopts New Exemptions Under Section 1201 of the DMCA
By Publisher
Section 1201 of the Digital Millennium Copyright Act (“DMCA”) generally makes it unlawful to circumvent technological measures used to prevent unauthorized access to copyrighted works, including copyrighted books, movies, videos, video games, and computer software. Effective October 28, 2024, the…
Prosecution Pointer 428
By Publisher
Amendments to drawings filed after allowance are entered by the USPTO’s Office of Publications. If such an amendment is forwarded to the examiner, the examiner should forward or return the application to the Office of Publications. The examiner should not…