Category: Intellectual Property

Intellectual Property

Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

Written by Robert H. Rotstein and Eleanor M. Lackman On September 25, 2023, Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit, sitting by designation in the District of Delaware, issued an opinion addressing the potential liability of an artificial intelligence startup for training its program using a copyrighted database.  Thomson Reuters Enterprise Centre Gmbh, et al. v. Ross Intelligence Inc., … Continue reading Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

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Cybersecurity, Intellectual Property, Regulatory

Be Careful Who You Pick As Your Arbitration Provider!

Written by Susan Kohn Ross On August 10, 2023, a California federal district court refused to enforce an arbitration clause because the defendants’ Terms of Use (sometimes called Terms of Service) named an arbitration provider whose lack of even-handed and transparent procedures rendered the clause unconscionable. Heckman v. Live Nation Entertainment, Inc.,   CV22-0047 (C.D. Cal). While only a district court decision, the opinion stands as … Continue reading Be Careful Who You Pick As Your Arbitration Provider!

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Intellectual Property

Not “The Kindest”: Case Between Feuding Friends Over Facebook Post Thrown Out On Fair Use Grounds

Written by Lindsay R. Edelstein On September 14, 2023, the U.S. District Court for the District of Massachusetts issued a decision in Larson v. Perry, Case No. 1:19-CV-10203-IT, 2023 WL 5985251 (D. Mass. Sept. 14, 2023), dismissing on summary judgment a highly publicized case concerning the short story “The Kindest,” which was inspired by a Facebook post about becoming a living kidney donor. The Court … Continue reading Not “The Kindest”: Case Between Feuding Friends Over Facebook Post Thrown Out On Fair Use Grounds

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Intellectual Property

D.C. Federal Court Says Copyright Office Properly Denied Registration to Artwork Claimed to Be Generated by Artificial Intelligence

Written by James D. Berkley On August 18, 2023, a U.S. federal court for the first time addressed the copyright registrability of works claimed to be generated by computer-based artificial intelligence (“AI”). In Thaler v. Perlmutter, No. 22-1564 (D.D.C. August 18, 2023), Judge Beryl A. Howell ruled that the United States Copyright office had properly denied copyright registration to plaintiff Stephen Thaler, a scientist and … Continue reading D.C. Federal Court Says Copyright Office Properly Denied Registration to Artwork Claimed to Be Generated by Artificial Intelligence

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Intellectual Property

Is Embedding Photos on a Website Copyright Infringement? Ninth Circuit Says No.

Written by Eleanor M. Lackman In Hunley v. Instagram, LLC, — F.4th — (July 17, 2023), the Ninth Circuit thwarted another attempt to outlaw embedding (also called “in-line linking”) of photographs. The court affirmed a district court’s ruling that parties who embedded on their websites photographs from Instagram did not violate the plaintiff photographers’ display right as set forth in 17 U.S.C. §106(5), and accordingly … Continue reading Is Embedding Photos on a Website Copyright Infringement? Ninth Circuit Says No.

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Intellectual Property

SCOTUS Holds That Federal Trademark Law Does Not Reach Infringing Conduct That Occurs Abroad

Written by Marissa B. Lewis and Brandon E. Hughes On June 29, 2023, the U.S. Supreme Court issued its decision in Abitron Austria GmbH, et al. v. Hetronic International, Inc., No. 21-1043, holding that federal trademark law extends only to claims where the alleged infringing “use in commerce” occurs in the U.S.  The ruling overturns a $96 million in damages awarded for infringing conduct that … Continue reading SCOTUS Holds That Federal Trademark Law Does Not Reach Infringing Conduct That Occurs Abroad

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Intellectual Property

AI and Copyright Law: U.S. Copyright Office Announces Public Webinar

Generative Artificial Intelligence (AI) raises many fundamental copyright law questions about copyrightability, ownership, rights and enforcement. In light of the myriad questions that AI raises in the copyright world, we are excited to share an upcoming webinar that may be of great interest. The U.S. Copyright Office has announced a free virtual, public webinar on June 28, 2023 at 2pm ET, focused on the current … Continue reading AI and Copyright Law: U.S. Copyright Office Announces Public Webinar

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Intellectual Property

A “Prince” of an Opinion or a Drag on Creativity? SCOTUS Decides Fair Use Issues in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith[1]

Written by Eleanor M. Lackman and Robert H. Rotstein On May 18, 2023, in a 7-2 ruling, the United States Supreme Court held that Andy Warhol’s use of a photograph of the late musician Prince to create a new image for licensing in a magazine was not “transformative” under the first fair use factor set forth in 17 U.S.C. § 107. Because Petitioner Andy Warhol Foundation for … Continue reading A “Prince” of an Opinion or a Drag on Creativity? SCOTUS Decides Fair Use Issues in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith[1]

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Intellectual Property

Are Virtual Goods Still Goods for Trademark Purposes?

Written by Bryse K. Thornwell In Yuga Labs, Inc. v. Ripps, et al, No. 2:22-CV-04355  (C. D. Cal. Apr. 21, 2023), Judge John F. Walter explored the use of trademarks in the world of non-fungible tokens (“NFTs”), which are tokenized assets that have been recorded on a blockchain. As intellectual property disputes continue to arise in the world of NFTs, the key issues that the … Continue reading Are Virtual Goods Still Goods for Trademark Purposes?

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Intellectual Property

Epic Games, Inc. v. Apple, Inc.

Written by Genevieve Javidzad On April 24, 2023, the Ninth Circuit issued its much anticipated decision in Epic Games, Inc. v. Apple, Inc., in which Epic alleged that Apple violated the Sherman Antitrust Act and California Unfair Competition laws. The Ninth Circuit affirmed the District Court’s ruling on the merits but reversed and remanded for further consideration as to whether Apple was entitled to its fees. … Continue reading Epic Games, Inc. v. Apple, Inc.

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