Notes on Copyright Registration of AI-Assisted Works
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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...
Understanding Trademark Distinctiveness
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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...
Thoughts on Elster and the Names Clause
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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...
Copyright Office’s Registration AI Guidance
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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...
Patent Fees Increase on Jan. 19
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...
USPTO Trademark Fees Increasing This Month
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...
A Tale of Two Airports
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...
No Fair Use for Internet Archive’s Digital Library
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...
New Approved AVAs
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...
Copyright Damages for Timely Claims Regardless of Infringement Date
Resolving a circuit split on the issue of damages in copyright infringement cases, the U.S. Supreme Court held, in a 6-3 decision, in Warner Chappell Music, Inc. v. Nealy, 601 U.S.\\\ (2024), that a...
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