I ♡ Trademarks NewsletterIssue #351
Bri Van Til | August 29, 2023
Completing the Circuit
This case from the Ninth Circuit has set a precedent for linking fraudulent or misrepresenting False Claims Act claims to fraud on the USPTO.
Selling an architect’s partially completed building as part of a bankruptcy proceeding doesn’t infringe the architect’s copyrights, says the Eighth Circuit.
The Seventh Circuit has found that even if new legal precedent from Google v. Oracle leads to a copyright case being dismissed, attorneys’ fees might not be out of the question.
Embedding copyrighted content is allowable, according to the Ninth Circuit.
AI-right. Forget ‘Bout It.
Once again, courts have ruled that copyright protection is for the creations of humans.
The issue of AI and IP is so huge that even non-legal, non-tech folks are interested in it. Check out this financial analysis of Adobe’s profitability as a result of its AI- and IP-related actions.
Tech companies would love it if people would just forget about their copyrighted materials used to train AI models. Apparently Japan is on board.
Might AI help create an objective measure for detecting copyright infringement in music? Also, this article’s title is pretty fantastic.
It appears that AI isn’t as objective—at least about some things—as we might like to think.
Prove It!
Surveys can make for amazing evidence, but only if they’re done right. Join us for this webinar to learn how to make them effective.
If you’re trying to allege your client has a preexisting rights because of prior art, you need analysis, not just citations.
The judge in this copyright infringement case against rapper Future cited lyrics from artists ranging from Neil Young to Biggie Smalls in ruling that “thematic elements [like] guns, money, and jewelry [are] too common… to be protectable.”
Professional Concerns
Current job Hoglund all your time? Work as an IP attorney for this Puerto Rican firm instead!
If you’re looking for something in the Continental US instead, consider serving as counsel for this automotive company instead.
This general counsel job is Double Good, which might make it twice as good as other jobs.
If you get this job as assistant counsel at The American Museum of Natural History, both your new job and your old one can be history.
Sick of your current job? Great HealthWorks to your benefit, so join this company as brand and IP counsel.
Have an open role on your team? Send a link to your job listing to community@altlegal.com, and we’ll publish it in our next newsletter.
Odds and Ends
Thailand’s IP office recently held a “Let’s Get Rights” event, complete with a rally, to encourage businesses to register their IP and to avoid infringing others’.
A car dealer was sued for copyright infringement for modifying and reposting a video of a truck surviving a tornado.
The USPTO is hosting a public listening session about standards and IP.