Supreme Court Rejects Genius’ Preposterously Stupid Lawsuit Against Google
Above the Law - Technology
JUNE 30, 2023
The post Supreme Court Rejects Genius’ Preposterously Stupid Lawsuit Against Google appeared first on Above the Law. Not genius.
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China: A Court Recognizes Copyright Protection for Images Generated by Generative AI Tools
Global LegalTech Hub
JULY 23, 2024
Associate at Alfaro Abogados Intellectual Property has become increasingly relevant in recent years, especially with the rise of Artificial Intelligence (AI) and its capabilities to create various types of works. The case involved the intellectual property rights holder of the cartoon character "Ultraman" and an AI tool.
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My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry
Eric Goldman
MARCH 9, 2023
I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.
Fast Fashion Creating Even Faster Copies?: Examining Shein’s Intellectual Property and Racketeering Suit
The North Carolina Journey of Law and Technology
FEBRUARY 1, 2024
However, independent designers are accusing Shein of something much more sinister: systematic and rampant intellectual property theft amounting to racketeering. We will vigorously defend ourselves against this lawsuit and any claims that are without merit.” Shein is no stranger to lawsuits. What’s Next?
Justia Featured Resources: Justia Dockets Offering Info on AI Lawsuits
Justia Legal Marketing & Technology blog
MAY 4, 2023
Federal statutes do not provide clear answers to these questions, so courts will need to confront them. Already, lawsuits involving AI-generated works have been filed in federal courts from coast to coast. This free database provides public records of lawsuits in federal trial and appellate courts.
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Farmers Fight for the Right to Repair: How the FTC’s Lawsuit Against Deere & Company Impacts Agriculture
Brett Trout
JANUARY 17, 2025
Heres what intellectual property attorneys and agricultural innovators should know about this landmark case. Implications for the Intellectual Property and Legal Community The FTCs lawsuit against Deere raises important questions about how intellectual property rights intersect with antitrust law and consumer protection.
Leveraging AI to Enhance Your Legal Blog: How ChatGPT Can Help Lawyers Develop a Business Development Niche
Kevin O'Keefe
JANUARY 25, 2023
Updates on recent legal developments and court cases impacting the Iowa agricultural industry, such as lawsuits over environmental issues or disputes between farmers and agribusinesses. Legal aspects of precision agriculture and how farmers can protect their intellectual property rights in the digital age.
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Web Scraping for Me, But Not for Thee (Guest Blog Post)
Eric Goldman
AUGUST 24, 2023
Some forms of data are protected by copyright, trademark, or another cognizable forms of intellectual property. But most of the data on the Internet isn’t easily protectible as intellectual property by those who might have an incentive to protect it. LinkedIn Corp. In the end, it was a pyrrhic victory.
Artists versus Artificial Intelligence: The Modern-day Battle Over Intellectual Property RightsÂ
The North Carolina Journey of Law and Technology
FEBRUARY 2, 2023
Earlier this month, three artists initiated a lawsuit against Stability AI, DevianArt, and Midjourney, which are some of the leading A.I. The lawsuit alleges copyright infringement because these companies have been using images of the artists’ work to train their programs to produce similar work without their consent.
Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels
Eric Goldman
MARCH 5, 2024
This post covers an opinion where the court assumes such vertical integration based on the pleadings (it remains to be seen if that’s actually the case). The court says that Pixels could be “counterfeiting” the Canvasfish online store (?) .” That story is still being written. Trademark Infringement.
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Announcing the Seventh Edition of Advertising & Marketing Law Casebook by Tushnet & Goldman
Eric Goldman
JULY 23, 2024
Some hot areas include courts’ treatment of reasonable consumers, online discrimination in ad targeting , and Section 230’s application to scammy online ads. Chapter 3: False Advertising Overview Chapter 4: Deception Chapter 5: Which Facts Matter? We didn’t make many major changes in this edition.
Copyright Clash: The New York Times’ Lawsuit Against Microsoft and OpenAI Reveals Complex Challenges in AI Training
The North Carolina Journey of Law and Technology
FEBRUARY 9, 2024
The Intellectual Property Clause grants Congress the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” It remains unclear whether this is a timely response to the lawsuit.
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Using a Contingent Fee Attorney to Avoid the High Cost of Patent Litigation
Brett Trout
JANUARY 17, 2025
Brett Trout The Cost of Defending Your Patent As an inventor or patent holder, your intellectual property represents years of hard work, creativity, and financial expenditures. Resources: Patent litigation often involves technical experts, discovery, and court proceedings. Ready to explore your options?
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Now Available: the Published Version of My SAD Scheme Article
Eric Goldman
NOVEMBER 28, 2023
I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” Prior Blog Posts on the SAD Scheme In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v.
What is an E-discovery Lawyer?
Clio
JUNE 13, 2024
A court case might involve reviewing a client’s social media account, emails, and digital documents to determine the merits of an intellectual property lawsuit. Data security: Proper processes maintain the integrity of electronic evidence, ensuring it’s admissible in court.
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22 Interesting Facts about Trademarks
Brett Trout
JUNE 6, 2024
Trademarks are a type of “intellectual property,” but are very different from other types of intellectual property like patents and copyrights. Trout What is a trademark? A trademark is something used by consumers to identify the supplier of a particular product or service.
The Right of Publicity in Board Games
Brett Trout
MARCH 15, 2024
Trout Kickstarter recently suspended a campaign for a board game showcasing a well-known intellectual property. The public suspension notice stated the campaign was the “subject of an intellectual property dispute and is currently unavailable.” No tags for this post. Related posts No related posts.
U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)
Eric Goldman
JUNE 20, 2023
Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).
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From Pain to Creativity: How AI Helped Kristina Kashtanova Illustrate Her “Zarya of the Dawn” Story – featuring Richmond Law’s Ashley Dobbs and Roger Skalbeck (TGIR Ep. 196)
3 Geeks and a Law Blog
APRIL 7, 2023
Professor Dobbs runs the IP and Transactional Law Clinic at Richmond and explains that the clinic provides an opportunity for law students to work directly with clients on intellectual property matters, such as copyright and trademark protection, under her supervision. And how have courts done something about it.
Translating Legal Impropriety: Safeguarding Assets, Linguistic Diversity, and Legal Proceedings
CaseFox
JUNE 29, 2023
They shield you against lawsuits, creditors, and other potential hazards. You protect your assets from creditors and lawsuits by creating this protective layer. Copyrights safeguard your intellectual property , such as books, music, or artwork, from unauthorized use. 8 Ways to Protect Assets 1.
Legal Ads Surge as Plaintiff Lawyers Pursue Mass Litigation Cases
Legal Expert Connections
FEBRUARY 25, 2024
As court dockets continue to expand, the ad boom reflects both the growth in mass tort litigation and investor interest. For instance, during the height of lawsuits targeting Monsanto’s Roundup weedkiller in 2019, the industry spent nearly $300 million on television spots. a national law firm marketing agency.
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What are the Different Types of Law Practice Areas and Which is Right For You?
CaseFox
OCTOBER 9, 2023
The responsibilities of civil lawyers include: Preparing legal documents and files for client Filing a lawsuit in the court Defending client in the court Corporate Law As the name suggests, it is about everything corporate and business. As the lawyer, you will have to defend such individuals.
California’s Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)
Eric Goldman
JUNE 22, 2023
In other words, any editorial decision that is adverse to any DJP creates a non-trivial risk of a lawsuit alleging that the decision was retaliatory. However, courts might consider such broad drafting efforts to be bad faith non-compliance with the bill. ” The court also questioned the tailoring fit.
Types of Law Practice: Which is Right for You?
Clio
SEPTEMBER 20, 2023
Responsibilities include: Preparing legal documents Filing lawsuits Arguing cases in court Commercial law Commercial law is a practice area that governs legal issues related to business activities and transactions. There are three areas that fall under intellectual property—patent law, trademark law, and copyright law.
Small Tech Company Takes On Major Law Firm Over Ownership of Bill-Drafting Software
LawSites
NOVEMBER 29, 2022
A 25-person legal technology company in California is fighting back against one of the world’s largest law firms in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea. Attorneys at Akin Gump declined to discuss the lawsuit. Series of Meetings. ” The case is No.
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Patents over Patients: How Pharmaceutical Companies use the Patent System to Keep Drug Costs High
Richmond Journal of Law and Technology
NOVEMBER 27, 2023
16] Companies accomplish this by first suing generic-manufacturing companies for patent infringement, and then settling the lawsuit by paying them to stay out of the market in what is known as a reverse-payment settlement. [17] 19] The lawsuit ended in a settlement with Gilead agreeing to pay Teva, the supposed infringer, $1.5
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Eric Goldman
DECEMBER 13, 2023
But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. At the circuit court level, the law of copyright preemption of contracts is a circuit split-plus, with at least two and as many as four differentiating positions on what might constitute preemption. 2d 426, 433 (8th Cir.1993)
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Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)
Eric Goldman
DECEMBER 13, 2024
Roberts Its become known as the sad beige lawsuit or the case that asks the question can you ever really own an aesthetic ? Intellectual property law has not traditionally protected the way someone styles their hair, makes up their face, or decorates their home, whether or not those choices are photographed and shared.
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A brief look at the copyright issues raised by generative AI
Ikigai Law
JUNE 30, 2023
This brings up a myriad of intellectual property concerns. The term “person” has also been interpreted conservatively by the Courts in respect of copyright law. In 2019, the Delhi High Court rejected a copyright claim over a list compiled by a computer, on the grounds of, inter alia, lack of human intervention. [8]
Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
Eric Goldman
AUGUST 1, 2023
Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. Supreme Court.
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Everything You Should Know About AI Legal Tech
Percipient
JANUARY 20, 2025
For litigation lawyers, it can predict how a case might play out in court, which makes it easier to decide if its worth settling or going all the way. Theyre especially helpful for lawsuits or investigations that involve large amounts of information. What Are The Benefits of Adopting AI-Powered Legal Tech? Not really.
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5 Compelling Attorney Bios That Win Clients (and How to Emulate Them)
Lawmatics
OCTOBER 17, 2023
For example, an Intellectual Property attorney can showcase: Computer science degree from MIT 15 years handling patent litigation Admitted to practice in New York and California AV Preeminent Peer Review Rating from Martindale-Hubbell Secured over $20M in infringement verdicts This quickly conveys niche expertise and an accomplished background.
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Deploying Cutting-Edge Legal AI: Travers Smith’s Cautious, But Open-source Approach. (TGIR Ep. 216)
3 Geeks and a Law Blog
AUGUST 22, 2023
And that’s one thing, providing it a change control clause, which is proprietary, valuable intellectual property for that organization. But when you’ve got a decentralized process, like common law, where you’ve got a circuit court in the foothills of Wisconsin with one judge and one local solicitor.
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From Pain to Creativity: How AI Helped Kristina Kashtanova Illustrate Her “Zarya of the Dawn” Story – featuring Richmond Law’s Ashley Dobbs and Roger Skalbeck (TGIR Ep. 196)
Legal Tech Monitor
APRIL 7, 2023
Professor Dobbs runs the IP and Transactional Law Clinic at Richmond and explains that the clinic provides an opportunity for law students to work directly with clients on intellectual property matters, such as copyright and trademark protection, under her supervision. And how have courts done something about it.
Berkeley Technology Law Journal Podcast: The Capabilities and Limitations of ChatGPT with Professor Chris Hoofnagle
Berkley Technology Law Journal
FEBRUARY 27, 2023
It even wrote me a funny Limerick about the Supreme Court: “ There once were nine judges supreme whose robes were a legal dream. We’ll explore the potential impacts of ChatGPT not only on everyday life, but also on the legal industry, education, intellectual property law, geopolitics, and more. Eric] 02:34 Welcome, Chris.
Lessons Learned from 2024 and the Year Ahead in AI Litigation
Debevoise Data Blog
JANUARY 13, 2025
But this new era of AI has not come without controversy, as authors and rights holders have launched waves of litigation against the companies that trained and released generative AI models, as well as their investors and affiliates, alleging violations of intellectual property rights. In Millette v. OpenAI, Inc.,
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Deploying Cutting-Edge Legal AI: Travers Smith’s Cautious, But Open-source Approach. (TGIR Ep. 216)
Legal Tech Monitor
AUGUST 22, 2023
And that’s one thing, providing it a change control clause, which is proprietary, valuable intellectual property for that organization. But when you’ve got a decentralized process, like common law, where you’ve got a circuit court in the foothills of Wisconsin with one judge and one local solicitor.
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The “Winning Isn’t Normal” Copyright Enforcement Campaign Is More “Abusive” Than “Winning”–Bell v. Kiffin
Eric Goldman
DECEMBER 27, 2024
Bell has filed at least 25 copyright lawsuits. The court opinion includes a screengrab of the tweet (see page 3). This extraordinary assertion, with which Shakespeare, Tolstoy and Faulkner might take issue, [FN] frankly causes this court to wonder whether it is dealing with a litigant whose feet are firmly planted on the ground.
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2023 Internet Law Year-in-Review
Eric Goldman
JANUARY 18, 2024
My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.
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The Future of Fashion and the Law (TGIR Ep. 194)
3 Geeks and a Law Blog
MARCH 20, 2023
Social media’s role in marketing and intellectual property concerns relating to the fashion industry round out the discussion. But what I did have happen is when I was working as an insurance defense lawyer, I had another female lawyer tell me to be very careful what I wore to court, which I still think a lot of that is true.
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Anti-TikTok Political Stunts Fail in Montana and Indiana Courts
Eric Goldman
DECEMBER 1, 2023
Those efforts all failed in court (see links at the bottom of this post). This post covers two more rulings this week involving anti-TikTok efforts: Montana’s TikTok ban and Indiana’s consumer protection lawsuit against TikTok. In particular, in 2020, the Trump administration tried to ban TikTok and WeChat.
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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)
Eric Goldman
JUNE 21, 2023
Many trademark attorneys and professors hoped the Supreme Court would provide more guidance on how to resolve conflicts between trademark and free speech rights in Jack Daniel’s Properties, Inc. VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky.
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50 Legal Guides to Help Americans Understand Their Rights
Justia Legal Marketing & Technology blog
JANUARY 20, 2023
The Divorce center describes how various assets may be divided , from real estate and businesses to intellectual property. A section on the process of getting a divorce covers not only what happens when a couple goes to court but also how arbitration , mediation , and collaborative divorce can provide solutions outside the courtroom.
The Future of Fashion and the Law (TGIR Ep. 194)
Legal Tech Monitor
MARCH 20, 2023
Social media’s role in marketing and intellectual property concerns relating to the fashion industry round out the discussion. But what I did have happen is when I was working as an insurance defense lawyer, I had another female lawyer tell me to be very careful what I wore to court, which I still think a lot of that is true.
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