Artificial Incompetence: How Generative AI Creates Latent Intellectual Property Issues

Previously Published in The Journal of Robotics, Artificial Intelligence & Law, Volume 7, No. 3 | May-June 2024 In this article, the authors examine the extensive legal risks that companies take when using generative artificial intelligence (GenAI), particularly within operations that create intellectual property or other intangible value represented within a business. While any groundbreaking …

Accelerating Innovation for New Inventors: Inside the First-Time Filer Expedited Patent Pilot Program

Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. To address this concern, in 2023, the USPTO introduced the First-Time Filer Expedited Examination Pilot Program, which was designed …

Getting Off on the Wrong Foot: How Marketing Strategies Can Backfire

The European Court of Justice affirmed an earlier decision of the European Intellectual Property Office (EUIPO) in a case where Puma was attempting to gain a European Union (EU) Community Design on its “Puma Creeper Shoe.” On March 6, 2024, the EU Court struck down the validity of Puma’s registered EU design, based on a …

Recap of TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove

In a recent article on BloombergLaw.com titled “TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove,” the spotlight is on ByteDance’s formidable patent portfolio, which poses a significant challenge to any mandated sale of TikTok. With over 900 US patents covering pivotal technologies, the divestment process entails navigating legal intricacies and financial considerations, particularly given …

Are You Getting Bang for Your Buck with Canadian Trademarks?

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for filing applications and renewing registrations. Similar fee increases have also been implemented for opposition and non-use cancellation proceedings, among other transactions. With …

Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property

In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: Avoiding potential trademark infringement claims, and Protecting the business’ brand through trademarks In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their intellectual property. Terminating an employment relationship carries …

How To Protect Your Cannabis Trademarks in a Legal Landscape That Is Half-Baked

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark. Acquiring State Trademarks The most obvious (and widespread) …