Henry Darger’s landlord preserved the art that made him famous. More than 50 years later, a jury may decide whether he also owned it. My feature on the artwork, copyrights and disputed words at the center of the case: law360.com/articles/2545879/…
A Chicago federal judge ordered an evidentiary hearing to examine whether a trademark lawsuit was improperly used to release $711,529 in frozen Amazon seller funds. The judge said there were enough circumstantial “breadcrumbs” to require testimony. law360.com/articles/2543688/…
Exclusive: A Chicago federal judge warned lawyers in a Schedule A trademark case that they “should be getting lawyers” as Amazon investigates whether lawsuits were used to obtain seller funds it had previously frozen for unrelated reasons. law360.com/articles/2538128
Can AI-created books that don't infringe still hurt authors' market? Nine amicus briefs split on that fair use question ahead of an Oct. 30 hearing. Also in my latest IP Notebook: Texas defends its Alamo trademarks, and India finds AI original. law360.com/articles/2532089/…
Can a brainrot meme become a trademark after it's already gone viral? And can copyright protect a character developed with AI? My latest on the fight over Tung Tung Sahur and "Steal a Brainrot." law360.com/articles/2527463/…
A copyright ruling for the embedding era: the 5th Circ. rejected the server test, but replaced it with a rule that may reach similar results. Why lawyers say the next fights may be over control, permission, blocking and URL metadata: law360.com/articles/2520893/…
From trademark fights over "Iceman" to a legal battle over Google's Gemini brand, here's the latest IP Notebook looking at recent copyright & trademark developments for @Law360: law360.com/articles/2512266/…
AI-assisted code is not automatically ineligible for copyright, but as coding systems become more autonomous, companies may need to prove which expressive elements came from humans. My latest for Law360: law360.com/articles/2504539/…
ICYMI: Has the Supreme Court signaled a broader retreat from secondary liability across intellectual property law? Here's my look at what the Cox and Hikma decisions this term mean for trademark law: law360.com/articles/2496879/…
My latest IP Notebook looks at the early ripple effects of the Supreme Court’s Cox ruling on contributory copyright liability, from dismissed ISP piracy cases to new fights over how far the decision reaches for platforms and advertisers. law360.com/articles/2488260
“Schedule A” cases — mass anti-counterfeiting suits targeting large groups of online sellers — continue rising but the strategy is shifting amid judicial scrutiny: law360.com/articles/2483634
What happens when AI creates something valuable, but federal law doesn’t clearly protect it? Some states aren’t waiting for Congress to decide.
law360.com/articles/2477885
My latest IP Notebook looks at several emerging copyright and trademark disputes, including a forthcoming U.S. Supreme Court appeal with global copyright implications and OpenAI's setback on registering "ChatGPT" as a trademark.
law360.com/articles/2468245/…
I recently joined "The Pre-Read" podcast with Alyssa Zucker and Steve Soter to discuss Blockbuster's trademark battle with a deer feed company. Give it a listen if you’re interested in how legacy brands hold up in today’s market! youtube.com/watch?v=Ugle4BTW…
ICYMI: Tech companies publicly celebrating AI-generated code may be undermining their own legal protections. Under current U.S. Copyright Office guidance, the more they rely on AI to write software, the harder it becomes to claim copyright. law360.com/articles/2464162/…
The Supreme Court's decision yesterday that a major internet provider can't be liable of its customers' music piracy is expected to fundamentally change how copyright infringement cases are pursued against platforms, ISPs, and AI companies: law360.com/articles/2457716/…
Can a trademark that was once a household name lose its iconic status over time? I explore the question through the lens of Blockbuster's dispute with a deer feed company seeking to register "Block Buster." law360.com/articles/2440851/…
A major Fifth Circuit ruling on the global reach of U.S. copyright law and a dispute over Nutcracker choreography leads the next edition of IP Notebook: law360.com/articles/2434301/…
A look at the trade secret trends attorneys will be monitoring in 2026: law360.com/articles/2423240/…
The U.S. Supreme Court's consideration of foreign-word trademarks and a trial decision in a dispute over the "Ugliest Home in America" are among the trademark cases to watch in 2026: law360.com/articles/2423255/…
