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17 Apr 2024, 3:38 am by Eleonora Rosati
The case is still awaiting CJEU’s decision.The IKEA case underscores a critical debate: The extent to which trademarks can be used in non-commercial, expressive contexts without infringing upon trademark rights. [read post]
16 Apr 2024, 4:15 am by Eileen McDermott
Court of Appeals for the Ninth Circuit’s decision that found a district court had authority to impose $36 million in sanctions for abusive litigation practices in a trademark case. [read post]
16 Apr 2024, 4:15 am by Eileen McDermott
Court of Appeals for the Ninth Circuit’s decision that found a district court had authority to impose $36 million in sanctions for abusive litigation practices in a trademark case. [read post]
15 Apr 2024, 3:56 pm by Kenan Farrell
Read on below for updates on all pending Indiana copyright and trademark litigation. [read post]
15 Apr 2024, 10:47 am by Robert Zulandt
In a typical dilution case, the question is whether the defendant “harm[ed] the reputation” of a famous trademark. [read post]
14 Apr 2024, 7:22 am by Mavrick Law Firm
  The federal statute and case law recognize that there can be other, if not fully realized, injuries. [read post]
12 Apr 2024, 6:30 am by Terry Hart
OpenAI & Microsoft copyright infringement and trademark dilution case recently denied Silverman’s attempt to intervene in the later-filed New York Times case, throwing another wrench in her so far rocky crusade against OpenAI and setting up potentially varied rulings in separate courts over OpenAI’s use of copyrighted works to train LLMs. [read post]
10 Apr 2024, 5:15 pm by Evan Brown
Likely motivated by court cases that have gotten a lot of attention because lawyers used ChatGPT to generate fake case cites, the USPTO addressed the importance of human-review of AI generated content. [read post]
10 Apr 2024, 1:52 pm by Mavrick Law Firm
Pursuing a trade secret misappropriation claim generally waives the right to claim a trade secret privilege because an ultimate issue in the case is whether the information qualifies as a trade secret. [read post]
10 Apr 2024, 10:52 am by James Gatto
The guidance recognizes that practitioners use AI to prepare and prosecute patent and trademark applications. [read post]
The United State Patent and Trademark Office (USPTO) released guidelines for AI patentability in February 2024. [read post]
8 Apr 2024, 3:47 am
" The burden then shifted to Stafford to rebut Carousel's prima facie case. [read post]
7 Apr 2024, 10:09 pm by Evan Brown
The court examined how abandonment is a defense in trademark infringement cases, requiring discontinuation of a mark’s use with no intent to resume. [read post]
5 Apr 2024, 2:00 pm by Rebecca Tushnet
Apr. 1, 2023) Over a dissent, the panel reverses the grant of summary judgment on noninfringement, reasoning that the overlap in the use of the (descriptive) word RAW between the parties’ somewhat related products was enough to avoid summary judgment—which should rarely be granted in trademark cases (ugh), despite major visual differences and the lack of actual confusion evidence and low confusion rates shown by the parties’ surveys. plaintiff's… [read post]
4 Apr 2024, 2:31 pm by Robert Zulandt
., case number 4:21-cv-01091), for counterfeiting and trademark infringement due to the unlicensed use of Penn State’s marks on apparel sold by Vintage. [read post]