Consistency in intellectual property regimes is essential for a uniform practice of those intellectual property laws. Case in point is Thaler v. Perlmutter, a copyright case holding that works...
On January 31, 2025, the U.S. Copyright Office issued examination guidelines related to registration of works either assisted or generated by artificial intelligence tools. This blog discussed these...
The concept of distinctiveness is important under trademark law because it is one of the requirements for a federally registered mark. Distinctiveness goes to the strength of the mark. In theory, the...
Eight months after the U.S. Supreme Court held in the Elster case that so-called Names Clause under Section 2(c) of the Lanham Act, the federal trademark law, prohibited the use of a living person’s...
The U.S. Copyright Office issued its second report on issues related to registration of works using artificial intelligence (AI). The second report, issued on January 29, 2025, discusses...
Consistent with its previous fee study authorized by Congress in 2022, the U.S. Patent and Trademark Office (USPTO) is increasing patent fees on a long list of categories. The study culminated in an...
Although USPTO fees typically increase, for different matters, every two years, this year’s increases are sweeping. According to the USPTO, policy rationales for the fee increases included in the...
The ongoing saga between two of the Bay Area’s major airports continues as Oakland International Airport (OAK) filed an appeal on December 12, 2024, on the order for preliminary injunction granted to...
On September 4, 2024, the Court of Appeals for the Second Circuit decided Hachette Book Group, Inc. v. Internet Archive, denying the online digital repository’s ability to copy and distribute...
The Tax & Trade Bureau of the U.S. Department of the Treasury has approved four new American Viticultural Areas (AVAs) this year: Contra Costa, Comptche, Yucaipa Valley, and Upper Cumberland. The...