The big patent news this holiday season involves a purported ban on the new Apple Watch. In October 2023, the International Trade Commission (the “ITC”) ruled that the blood oxygen monitoring features in these devices infringed a patent from Masimo,
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Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over Artificial Intelligence and Human Authorship as a Necessary Requirement of Copyright
By Mary Love & Devin Ricci
This blog is an update to “Legal Issues with Using AI to Create Content – Written with Help from AI” by Devin Ricci on April 28, 2023
On August 18th, the United States District Court for the District…
The Supreme Court Limits the Extraterritorial Reach of the Lanham Act
On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct.
The case is Abitron Austria…
Sanctions Handed Down to Lawyers Who Cited Fake Cases, Relying on ChatGPT
United States District Court Judge P. Kevin Castel issued an opinion on June 22, 2023, imposing sanctions and other penalties on the attorneys who relied on the artificial intelligence application, ChatGPT, in citing to fake cases in pleadings submitted to…
Jack Daniel’s Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark Infringement Case Over Dog Toys
By Devin Ricci
Images from Opinion of the Supreme Court of the United States.
On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniel’s in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599…
No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright
When award-winning photographer Lynn Goldsmith snapped a portrait of the artist formerly known as Prince for Newsweek in 1981, she could not have predicted the cultural and legal impact the pop legend’s portrait would have. In 1984, Vanity Fair sought…
And Texas Makes Ten? – Texas Legislature Sends Comprehensive Consumer Data Privacy Law to Governor Abbott’s Desk
On May 10, 2023, the Texas State Senate passed H.B. 4, titled the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor Abbott’s desk for final signature. If signed into law, Texas will join a growing…
Legal Issues with Using AI to Create Content – Written with Help from AI
By Devin Ricci
Artificial Intelligence (AI) is a rapidly growing field that has the potential to revolutionize many aspects of our lives. One area where AI has already made significant inroads is in content creation. With the help of AI-powered writing assistants, businesses…
New Allen Toussaint Legacy Act Creates a Right of Publicity in Louisiana
By Jessica Engler & Mary Love
On June 15, 2022, Governor John Bel Edwards signed into law Act No. 425, S.B. 426, named the “Allen Toussaint Legacy Act.”[1] The Act is named after the late Allen Toussaint, a famous New Orleans musician, songwriter, and producer.…
Copyright Office Denies Registration of Computer-Generated Art
Steven Thaler filed an application for copyright registration in a two-dimensional image entitled “Creativity Machine”. In his application, Thaler stated that the work “was autonomously created by a computer algorithm running on a machine”. The Review Board of the United States…