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
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New Allen Toussaint Legacy Act Creates a Right of Publicity in Louisiana
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…
Court Finds Tweet To Be Fair Use
Dr. Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. He markets the books through online retailers and his own website. One of the passages in the book that is well…
The USPTO Takes Steps to Implement the Trademark Modernization Act of 2020
The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not…
Registering Your Intellectual Property Rights With Customs: A Proactive Measure to Block The Importation of Infringing Goods Into The U.S.
Each year, millions of dollars in counterfeit goods enter the U.S. According to the Organization for Economic Co-Operation and Development, the international trade of counterfeit and pirated goods amounted to as much as $509 billion in 2016.[1] From 2003…
Using the International Trade Commission to Stop the Importation of Infringing Goods
The United States International Trade Commission (“ITC”) is a quasi-judicial federal agency with broad investigative responsibilities on matters of international trade. An increasingly popular function of the ITC is serving as an alternate forum to litigate intellectual property disputes arising…
Satanic Panic? Trademark Law’s Collision with the First Amendment
This post is also available as a podcast.
Wearable art or a devilish rip-off? That’s the question posed by a recent collaborative release by art cooperative MSCHF Product Studio and musician Lil Nas X – the limited edition “Satan Shoes.”…
Avoiding Additional Fees in Connection with Registration Maintenance
Trademarks are use-based rights, meaning that a trademark is only entitled to be registered if the mark is actually in use. Likewise, the registrant must continue to use the mark in commerce in order to maintain registration and must take…
Fifth Circuit Rules Use of Vizzy and Brizzy For Seltzer Not Confusing
Future Proof Brands, L.L.C. (“Future Proof”) filed a trademark infringement action against Molson Coors Beverage Co. (“Coors”) objecting to its use of the mark Vizzy. Future Proof used and registered the mark Brizzy as a brand of hard seltzer containing…