In Cramer v. Netflix, Inc., 3:22-cv-131 (W.D. Pa. Sep. 18, 2023), the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous
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Proactive Strategies in IPRs after Allgenesis
A recent Federal Circuit decision, Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, provides some interesting insights into patent challenge strategies, and their consequences, when a potentially infringing product is not yet on the market.
Allgenesis, which has been developing…
Federal Circuit Rules That Mark Cannot Be Cancelled Due To Fraudulent Incontestability Declarations
The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward.
In Great Concepts LLC v. Chutter, Inc., the Court,…
G7 Endorse Voluntary Code of Conduct for Advanced AI Systems prior to UK Global
2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK government’s policy paper outlining its proposed approach to…
UK Online Safety Act Becomes Law
The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated content by technology platforms, whether large or small.
The OSA will…
Federal Policymakers: Chasing the Runaway AI Train
The U.S. is generally viewed as “behind” in its regulation of AI compared to the European Union and Asian countries. Yet ChatGPT’s release triggered a tsunami of U.S. legislation in 2023 from federal and state legislators seeking to address perceived…
Did the Supreme Court Rule that the Copyright Act Bars Damages for Old Infringement – Or Was It Just Sloppy Drafting?
It seems the Supreme Court will decide (again) whether a claim for copyright infringement can extend to infringement that occurred more than three years before filing suit. In Warner Chappell Music, Inc. v. Nealy, the Supreme Court will resolve a…
The Year of AI Continues: U.S. Copyright Office Wants Your Thoughts on the Potential Regulatory Framework for AI
SPB’s Paolo Beconcini to Speak at Let’s Take Stock: The Evolution of Counterfeiting in Asia and the Importance of Intelligence and Intelligent Strategies
Our colleague and leader of the firm’s China Intellectual Property team Paolo Beconcini will be speaking at the upcoming INDICAM event Let’s Take Stock: The Evolution of Counterfeiting In Asia and The Importance of Intelligence and Intelligent Strategies.
Paolo will…
Proposed Amendments to FRCP 26 Should Streamline Discovery
On August 15, 2023, the Committee published proposed amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure (“Rules”). The amendments are designed to require that parties address and agree on discovery issues regarding privilege and…