Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner OpenAI. The judge is giving OpenAI until July 24 to respond to the plaintiffs’ argument that the material should be shielded
Trademark
At Least One Reason to Look Up: Celebrating 4th of July with Drone Light Shows
This 4th of July, look up and you might notice something spectacularly different lighting up the night sky. The days of stunning displays that relied solely on the crackle and pop of fireworks are numbered. In a remarkable twist of technology, drone light shows are offering a breathtaking alternative.
Imagine a fleet of hundreds, even…
Lanham Act’s Personal Names Restriction Does Not Violate First Amendment
As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The decision represents something of a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment…
Can We Talk Here? – Trademark Law and Speech Rights
In recent years, the United States Supreme Court has been grappling with the thorny question of how the First Amendment applies to trademarks. In this blog post, attorney Thomas B. James attempts a reconciliation of recent pronouncements.
The Slants (Matal v. Tam)
Simon Tam, lead singer of the band, The Slants, tried to register the…
U.S. Isn’t Everything – The Importance for U.S. Entities to Obtain Trademark Protection Abroad (Yes, that includes Canada)
The author of the lyrics for Canada’s national anthem, “O Canada,” probably didn’t have trademarks in mind when he wrote “we stand on guard for thee.” But a recent trademark infringement win for a Maryland-based U.S. non-profit corporation in Canada shows that Canadian courts will guard against consumer confusion and enforce trademark rights even when…
Demonstrating Use in Commerce
Requirements regarding ‘typographical distinctiveness”:
ERIK M. UNDERWOOD, a Colorado citizen; MY24HOURNEWS.COM, INC., a Colorado corporation, Plaintiffs-Appellants,v.BANK OF AMERICA CORPORATION, a Delaware corporation, Defendant-Appellee.
What is a brand (for purposes of an advertised claim that something is the leading brand
ZESTY PAWS LLC, Plaintiff,v.NUTRAMAX LABORATORIES, INC., et al., Defendants.
United States District Court, S.D. New York.June 4, 2024.
Suggestive Trademarks
Is that a source identifier in your pocket or are you just being descriptive?
A trademark gives its owner an exclusive right to use it in connection with a particular kind or category of products or services. At the same time, though, trademark law seeks to promote competition. To that end, it generally does not…
R.I.P. Mr. Rosen: Federal Circuit Upends Longstanding Design Patent Obviousness Test
Upending decades of continuity in the world of design patents, the United States Court of Appeals for the Federal Circuit (“CAFC”), sitting en banc in LKQ Corporation v. GM Global Technology Operations LLC, overturned the Rosen/Durling standard for obviousness of design patents, originally set forth in In re Rosen, 673 F.2d 388, 391…
2024 INTA Annual Conference Recap
Seyfarth Shaw’s Intellectual Property Group was out in full force at the recent International Trademark Association (INTA) annual conference in Atlanta on May 18-22, 2024. Fifteen Seyfarth attorneys, representing nine different Seyfarth offices, attended: Amy Abeloff (Los Angeles – Century City), Anne Yates (Atlanta), Bart Lazar (Chicago), Brian Michaelis (Boston), Ed Maluf (New York), Jay…