The D.C. Circuit is set to decide whether a work generated “autonomously” by an artificial intelligence (“AI”) computer system was properly denied copyright registration by the United States Copyright Office. The work at issue, titled “A Recent Entrance to Paradise,” was produced by an AI system called “Creativity Machine.” The AI system’s creator, Stephen Thaler,
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Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself
In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not infringe a trademark of Punchbowl Inc. (“Punchbowl”), a greeting card and event invitation company. The Ninth Circuit reasoned…
U.S. Supreme Court Grants Certiorari to Decide Damages Period Under Copyright Act
The U.S. Supreme Court recently granted certiorari to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the suit was filed.
Musician Sherman Nealy and his company, Music Specialist Inc. (collectively, “Nealy”), sued Warner Chappell Music, Inc. (“Warner”), for copyright…
Supreme Court Holds International Use Not Trademark Infringement
By: Bailey Hopkins* and David G. Barker
The Supreme Court recently held Abitron Austria GmbH not liable for using Hetronic International, Inc.’s trademarks outside of the United States. Reversing the Tenth Circuit and resolving a circuit split, the Court held that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act do not apply extraterritorially and extend only…
Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement
By: Zach Schroeder and Courtney Moore*
The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces. The…
Supreme Court Unanimously Sides with Jack Daniel’s in Dog Toy Trademark Dispute
The Supreme Court issued its ruling yesterday in a trademark lawsuit between Jack Daniel’s and the seller of a dog toy resembling a bottle of Jack Daniel’s famous whiskey. In a unanimous decision, the Court reversed the Ninth Circuit and held that the “Bad Spaniels” dog toy was subject to the usual likelihood of confusion…
Supreme Court Holds Patents Must Enable Full Scope of Invention
The Supreme Court unanimously held last week in Amgen v. Sanofi that a patent’s specification must enable a person skilled in the art to make and use the full scope of the invention as defined by its claims.
Amgen sued Sanofi in 2014, alleging that Sanofi had infringed its cholesterol-lowering drug patents, which disclosed 26…
Supreme Court Holds Specific Use of Warhol’s “Orange Prince” Not Fair Use
Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. In doing so the Court focused not solely on the “transformative use” aspect of the first factor of a four-part fair use analysis, but on the entire first factor…
Federal Circuit Holds Patent Owners Bear IPR Estoppel Burden of Proof
The Federal Circuit recently held, for the first time, that patent owners bear the burden of proof for an Inter Partes Review (“IPR”) Estoppel affirmative defense that an alleged infringer failed to include prior art in a previous IPR. In overturning the district court, the Federal Circuit held that a patent owner must prove, by…
USPTO’s Cert Petition Argues Constitutionality of Lanham Act’s Living Individual Restriction
By: Michelle Emeterio and David Barker
USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15 U.S.C. § 1052) in refusing to register Elster’s mark that used a living individual’s name,…