Tag: featured

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

Unknown's avatarmskllpLeave a comment
Immigration

Trump Administration To Enforce Registration, Address Requirements

Written by David Rugendorf and David Wulkan The Trump administration is signaling its intent to more rigorously enforce certain provisions of the Immigration and Nationality Act which, although they have been in existence for quite some time, have not previously been as strictly enforced. On February 25, 2025, the Department of Homeland Security announced that it will require foreign nationals to: (See Department of Homeland … Continue reading Trump Administration To Enforce Registration, Address Requirements

Unknown's avatarmskllpLeave a comment
Intellectual Property

Drawing the Line in Between Separate Corporations: Supreme Court Vacates a $43M Trademark Disgorgement Ruling

Written by Franklin F. Franco On February 26, 2025, the U.S. Supreme Court issued a unanimous decision in Dewberry Group Inc. v. Dewberry Engineers Inc. that reaffirms a key limitation in trademark remedies: courts cannot order disgorgement of profits from a defendant’s corporate affiliates unless those entities are expressly named as defendants. In a unanimous ruling, the Court held that the Lanham Act’s provision for … Continue reading Drawing the Line in Between Separate Corporations: Supreme Court Vacates a $43M Trademark Disgorgement Ruling

Unknown's avatarmskllpLeave a comment
Cybersecurity, Regulatory

Navigating “Pen Register” Law in the Digital Age:  Court Rules the Law Applies to Website Tracking Technologies

Written by Albina Gasanbekova and Lucy Holmes Plovnick, AIGP, CIPP/US On February 20, 2025, the United States District Court for the Southern District of New York recognized that online tracking technologies that collect IP addresses may fall under California’s “Pen Register” law, known as Section 638.51 of the California Invasion of Privacy Act (“CIPA”), which prohibits the use of physical recording devices for telephone communications without … Continue reading Navigating “Pen Register” Law in the Digital Age:  Court Rules the Law Applies to Website Tracking Technologies

Unknown's avatarmskllpLeave a comment
International Trade, Regulatory

More Trump Tariffs – What Is Happening?

Written by Susan Kohn Ross In our Alert issued in early February, we addressed the announcement of new tariffs imposed on Canada, Mexico and China. After a few days of uncertainty and negotiation, we ended up with a new tariff on China (which includes Hong Kong), though the de minimis cancellation was withdrawn, and no new tariffs on Canada or Mexico are currently in place. … Continue reading More Trump Tariffs – What Is Happening?

Unknown's avatarmskllpLeave a comment
Intellectual Property

Court Unplugs AI Fair Use Defense, But Context Is Key

Written by Mark Humphrey Yesterday, the United States District Court for the District of Delaware became the first court in the United States to issue a substantive decision on whether using copyrighted material to “train” an artificial intelligence (AI) tool is protected by the fair use doctrine, finding that fair use did not apply under a rather unique set of facts. Thomson Reuters Enterprise Centre … Continue reading Court Unplugs AI Fair Use Defense, But Context Is Key

Unknown's avatarmskllpLeave a comment
Immigration

ICE Inspections, Site Visits and Raids

Written by Howard D. Shapiro and David S. Rugendorf There have been many announcements regarding worksite inspections and raids being conducted at employment sites around the country by the Department of Homeland Security’s Immigration and Customs Enforcement agency. Employers should recognize that a site visit is not an indication that the company, its managers or any of its employees, did anything wrong. Certainly, the visit … Continue reading ICE Inspections, Site Visits and Raids

Unknown's avatarmskllpLeave a comment
International Trade, Regulatory

More Trump Tariffs?

By Susan Kohn Ross On February 1, 2025, President Trump announced new tariffs on Mexico, Canada and China (these are links to the actual text of each Executive Order). While a White House Fact Sheet re Tariffs was published that morning, along with a post on social media, it took until February 3, 2025 for all of the Executive Orders (“Order” or “Orders”) to be posted. … Continue reading More Trump Tariffs?

Unknown's avatarmskllpLeave a comment
Intellectual Property

Watered Down Whisky: Bad Spaniels Dilutes Trademarks But Does Not Infringe

Written by Ian Logan After more than a decade of litigation, which included U.S. Supreme Court review, VIP Products LLC v. Jack Daniel’s Properties Inc., No. CV-14-02057 returned to the United States District Court for the District of Arizona for yet another ruling on remand.  On January 21, 2025, U.S. District Judge Stephen M. McNamee ruled that although the “Bad Spaniels” dog toy, shaped like … Continue reading Watered Down Whisky: Bad Spaniels Dilutes Trademarks But Does Not Infringe

Unknown's avatarmskllpLeave a comment
Intellectual Property

U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You

Written by Eleanor M. Lackman The new year is bringing with it some major fee increases from the U.S. Patent & Trademark Office (USPTO) for certain key aspects for trademark filings and other trademark prosecution. Nearly all go into effect on January 18, 2025. Here are some major changes to know, and how they may affect your filing strategy in the United States: These changes … Continue reading U.S. Trademark Office Fees Increasing Significantly on January 18, 2025: What It Means for You

Unknown's avatarmskllpLeave a comment