The Council of the European Union and the European Parliament reached a provisional agreement on a new comprehensive regulation governing AI, known as the “AI Act,” late on Friday night (December 8, 2023). While the final agreed text has not
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Federal Judge Blocks Montana’s TikTok Ban
A federal judge has blocked a Montana law banning the popular video sharing app TikTok, finding “little doubt” that it was “more interested in targeting China’s extensible role in TikTok than with protecting Montana consumers.” The ruling, likely to be…
Law Firm Suit against AI Legal Subscription Service Dismissed for Lack of Standing
A U.S. District Court in Illinois dismissed a case by the Chicago-based law firm MillerKing LLC against the so-called “robot lawyer” DoNotPay, Inc. (DNP). It found that MillerKing did not have standing bring false advertising, false association and other…
The Impact of AI Foundation Models on Competition, Consumers and Regulation: A View from the UK’s CMA
The Competition and Markets Authority (CMA), the UK’s competition regulator, announced this month that it plans on publishing an update in March 2024 to its initial report on AI foundation models (published in September 2023). The update will be the…
OpenAI Joins Other Generative AI Companies in Offering Indemnity for Users Against (Some) Third-Party Infringement Claims
For users of generative AI programs, a growing concern has been with potential liability resulting from infringement claims by copyright owners whose materials were used to train the AI. At its annual DevDay conference in early November, OpenAI became the…
Key Takeaways from the UK’s AI Summit: The Bletchley Declaration
Supreme Court Weighs Whether Refusing to Register TRUMP TOO SMALL Trademark Violates First Amendment
On November 1, 2023, the U.S. Supreme Court engaged in a thought-provoking deliberation concerning the intersection of the First Amendment to the U.S. Constitution and U.S. trademark law, Vidal v. Elster, Supr. Ct. Case No. 22-704. The case considers whether…
Federal Circuit Limits Fraud-on-the-PTO Claims, But Leaves Chutter Recklessness Standard Intact
On October 18, 2023, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a U.S. Trademark Trial and Appeal Board (TTAB) decision in Great Concepts, LLC v. Chutter, Inc., in which the Board canceled Great Concepts’ trademark…
New Lawsuit Challenges AI Scraping of Song Lyrics
Privacy Advocates Raise Concerns with New Mobile Driver’s Licenses
In 2021, the Department of Homeland Security started a process of adopting regulations for mobile driver’s licenses. The Transportation Security Administration (TSA) has since begun allowing mobile driver’s licenses as identification at airports, and several states jumped on the bandwagon,…