In recent years, the United States Supreme Court has been grappling with the thorny question of how the First Amendment applies to trademarks. In this blog post, attorney Thomas B. James attempts a reconciliation of recent pronouncements.
The Slants (Matal
Is that a source identifier in your pocket or are you just being descriptive?
A trademark gives its owner an exclusive right to use it in connection with a particular kind or category of products or services. At the same
Warner Chappell Music v. Nealy
Are damages for copyright infringement always limited to the three-year period before suit is filed? The Supreme Court says no.
The Limitations Period for Copyright Infringement
The Copyright Act imposes a three-year statute of limitations
A very brief summary of where pending AI lawsuits stand as of February 28, 2024. Compiled by Minnesota attorney Thomas James.
Thomson Reuters v. Ross, (D. Del. 2020)
Filed May 6, 2020. Thomson Reuters, owner of Westlaw, claims that Ross
A reversal in the 4th Circuit Court demonstrates the impact the Supreme Court’s decision in Andy Warhol Foundation for the Arts v. Goldsmith is already having on the application of copyright fair use doctrine in federal courts.
Creative expressions generally are protected by copyright law. Sometimes, however, they are not. When that is the case, a work is said to be in “the public domain.”
The rules specifying the conditions for copyright protection vary from country to
Partial list of signficant works entering into the public domain in the United States in 2024.
When the term of a copyright expires, the work enters the public domain, meaning that it may be freely reproduced, distributed, performed, displayed, and
2023 was a big year for U.S. intellectual property law. Major developments occurred in every area. Here are the highlights.
Copyright
Fair Use
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al.
I’ve written about this case
FTC Press Release exceprt
While Congress and the courts are grappling with the copyright issues that AI has generated, the federal government’s primary consumer watchdog has made a rare entry into the the realm of copyright law. The Federal Trade
Artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against Stability AI, DeviantArt, and MidJourney in federal district court alleging causes of action for copyright infringement, removal or alteration of copyright management information, and violation of