Category: Intellectual Property

Intellectual Property

Extrinsically Valid or Intrinsically Flawed: Two Judges Question Ninth Circuit’s Test for Substantial Similarity of Copyrightable Expression

Written by Skyler Terrebonne On January 2, 2026, the Ninth Circuit handed tattoo artist Kat Von D a victory over photographer Jeffrey Sedlik in his suit against her for alleged copyright infringement of his portrait of jazz icon Miles Davis. Sedlik sued Von D in early 2024 after discovering she used his photograph—which featured a dimly-lit Davis, posed against a black background, index finger pressed … Continue reading Extrinsically Valid or Intrinsically Flawed: Two Judges Question Ninth Circuit’s Test for Substantial Similarity of Copyrightable Expression

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Intellectual Property

New York State Legislature’s Preliminary Response to AI: Disclosure of “Synthetic Performers” in Advertising and Expanded Prohibitions on “Digital Replicas” of Deceased Performers

Written by Andrew Nietes Largely in response to the proliferation of content generated by artificial intelligence, including use of AI to depict deceased individuals, on December 11, 2025, Governor Kathy Hochul signed two bills into law. The first requires disclosure of AI-generated “synthetic performers” when used in advertising (other than in connection with expressive works). The second amends the already existing prohibitions on unauthorized digital … Continue reading New York State Legislature’s Preliminary Response to AI: Disclosure of “Synthetic Performers” in Advertising and Expanded Prohibitions on “Digital Replicas” of Deceased Performers

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Intellectual Property

PleasrDAO v. Shkreli: Wu-Tang Clan Album May Be Considered A Trade Secret

Written by Constance Kang Can a rare musical work constitute a trade secret? In a novel application of trade secret law to a Wu-Tang Clan album, a federal judge in the Eastern District of New York has answered “yes.”  U.S. District Judge Pamela Chen’s September 25 order emphasized the unusual nature of this analysis, as musical works do not fit squarely within traditionally protected categories … Continue reading PleasrDAO v. Shkreli: Wu-Tang Clan Album May Be Considered A Trade Secret

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Intellectual Property, Labor & Employment, MSK Blog

Of Trademark and Labor Law: Trader Joe’s Company v. Trader Joe’s United

Written by Rebecca Benyamin and Matt Mardesich On September 8, 2025, the United States Court of Appeals for the Ninth Circuit reinstated a trademark infringement claim and reversed the district court’s conclusion that the Norris-LaGuardia Act barred it from granting injunctive relief.  See Trader Joe’s Company v. Trader Joe’s United, — F.4th —, 2025 WL 2586674 (9th Cir. 2025). Trader Joe’s alleged that Trader Joe’s … Continue reading Of Trademark and Labor Law: Trader Joe’s Company v. Trader Joe’s United

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Intellectual Property, MSK Blog

Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test for Expressive Works Post-Jack Daniel’s 

Written by Samantha Frankel On July 28, 2025, the Ninth Circuit affirmed dismissal of a Lanham Act false endorsement suit brought by drag performer Lance Hara (known professionally as Vicky Vox) against Netflix over an animated cameo in the comedy series Q-Force.  Vox alleged her animated likeness appeared without permission in a ten-second scene, an official teaser trailer, and a promotional still image.  Hara v. … Continue reading Hara v. Netflix, Inc.: Ninth Circuit Reaffirms Rogers Test for Expressive Works Post-Jack Daniel’s 

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Intellectual Property

Yes, Virtual Goods Are Still Goods for Trademark Purposes

Written by Bryse Thornwell On July 23, 2025, in a significant update for the evolving intersection of intellectual property and blockchain technology, the United States Court of Appeals for the Ninth Circuit issued a unanimous opinion affirming critical trademark principles as they apply to non-fungible tokens (“NFTs”) and digital assets. See Yuga Labs, Inc. v. Ripps, et al, Case No. 24-879.[1] The opinion, written by … Continue reading Yes, Virtual Goods Are Still Goods for Trademark Purposes

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Intellectual Property

Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection

Written by Alex Anfuso and Eleanor M. Lackman In Carroll Shelby Licensing v. Halicki, No. 23-4008 (May 27, 2025), the Ninth Circuit recently weighed in again on the scope of copyright protection for characters, denying protection to a series of Ford Mustangs called “Eleanor.”  The cars appeared, in varying forms, in four separate films between 1974 and 2000.   Eleanor first appeared in the original … Continue reading Gone in (Far More Than) 60 Seconds: Ninth Circuit Holds That Ford Mustangs Known as “Eleanor” Are Not Entitled to Copyright Protection

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Intellectual Property

The Copyright Office Report on AI and Fair Use: A Generative Controversy

Written by James D. Berkley Amidst a level of intrigue rare to the Library of Congress and U.S. Copyright Office, on Friday, May 9, the Copyright Office released a detailed 108-page report containing its most extended discussion of how copyright law applies to the so-called “training” of generative artificial intelligence (better known as “generative AI”). Generative AI is the rapidly developing field exemplified by products … Continue reading The Copyright Office Report on AI and Fair Use: A Generative Controversy

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Intellectual Property

Court Rules “Video Game Addiction” Claims Are Barred By the First Amendment and Section 230

Written by Brandon Hughes A recent motion to dismiss order out of the United States District Court for the Northern District of Illinois is one of the first opinions substantively addressing tort claims based on alleged video game addiction. The decision in Angelilli v. Activision Blizzard, Inc., et al., No. 23-CV-16566, 2025 WL 1181000 (N.D. Ill. Apr. 23, 2025), could in the future influence other … Continue reading Court Rules “Video Game Addiction” Claims Are Barred By the First Amendment and Section 230

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artificial intelligence, Intellectual Property, Specialties

No Entrance to Legal Paradise: D.C. Court of Appeals Affirms Denial of Copyright Registration for AI-Generated Artwork

Written by Brandon E. Hughes In Thaler v. Perlmutter, No. 23-5233, 2025 WL 839178 (D.C. Cir. Mar. 18, 2025), the latest opinion exploring the intersection between generative AI and copyright law, the United States Court of Appeals for the District of Columbia Circuit tackled a fundamental question: “Can a non-human machine be an author under the Copyright Act of 1976?” Ultimately, the Court affirmed the … Continue reading No Entrance to Legal Paradise: D.C. Court of Appeals Affirms Denial of Copyright Registration for AI-Generated Artwork

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