On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to overcome the Copyright Office’s
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Who (If Anyone) Owns AI-Generated Content?
Areas to Watch at the Cusp of the Space-Based Technology Boom
Private investors are pouring billions into space-based endeavors. While satellite technology is a common use of these dollars, money is also flowing to projects like the (highly publicized) building of reusable rockets by SpaceX and others, cleaning up “space trash,”
Out of Bounds: Supreme Court Sets the Limits of U.S. Trademark Law
On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. ___ (2023), the U.S. Supreme Court held that the Lanham Act could not extend to trademark infringement that occurred almost entirely outside the United States. While
Finding the Right Note: ASCAP AI Initiatives
On June 13, 2023, the American Society of Composers, Authors and Publishers (ASCAP) announced a series of initiatives to guide and protect creators as artificial intelligence (AI) continues to develop and impact the music industry. ASCAP has a strong history
“Bad Internet?”: Disparaging and Unsubstantiated Claims in Comparative Advertisements
On May 5, 2023, the National Advertising Division (NAD) of BBB National Programs handed down its Final Decision in T-Mobile USA, Inc. v. Comcast Cable Communications Management, LLC. The NAD found that Comcast made several express and implied claims that
The EU’s Proposed Artificial Intelligence Law Enters Final Stage
The European Union (EU) has made steady progress in shaping its proposed AI law, known as the “AI Act.” With the European Parliament approving its preferred version, the AI Act has now entered the final stage of the legislative
SCOTUS Holds Rogers Test Is All Bark and No Bite in Jack Daniel’s Trademark Suit Against Dog Toy Maker
On June 8, 2023, a unanimous U.S. Supreme Court resolved the petition in Jack Daniel’s Properties, Inc. v. VIP Products LLC with two narrow holdings: (1) the threshold trademark infringement test espoused by the Second Circuit in Rogers v. Grimaldi
The U.S. Copyright Office Sessions: Generative Artificial Intelligence in Music and Sound Recordings
On May 31, 2023, the U.S. Copyright Office (USCO) held the final session of its Spring 2023 AI Listening Session. This session was held across two panels and discussed the copyright implications of AI-generated content (AIGC) in music and sound