5/8/2025 7:44:31 PM With Trademark Claims Against Gray Market Goods, the Devil Is in the Details By Nate Garhart When a third party purchases a manufacturer's goods intended for distribution outside of the U.S., and then imports those goods into and...
2/14/2025 6:48:11 PM Ruling Against Fair Use Defense for AI Training Seems To Be Narrow, but Is It? By Nate Garhart In rejecting an AI company's fair use defense for using Thomson Reuters' Westlaw headnotes to train its competing legal tool, Judge...
1/30/2025 6:26:42 PM Copyright Office Report Further Clarifies Human Authorship Requirement for Copyrightability of AI-Generated Works By Nate Garhart In a long-anticipated report from the U.S. Copyright Office providing guidance on the copyrightability of works created by and/or with...
1/6/2025 6:35:02 PM Federal Circuit Notes Patent in Rejecting Trade Dress Protection By Nate Garhart As a general rule, in order to be protectable trade dress, a feature of a product, for example, the product's color, must be...
9/20/2024 5:44:14 PM DC Circuit Seems Unlikely to Answer AI Copyright Question By Nate Garhart In the hearing on the appeal of the U.S. Copyright Office's refusal to register his AI-created artwork ("A Return to Paradise," a copy of...
9/16/2024 6:34:36 PM Careful What You Wish For: Demand Letters Can Result in Unintended Litigation By Nate Garhart When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring...
7/23/2024 12:58:05 AM Rulemaking re Automated Decision-Making Tools Proving Difficult By Nate Garhart Coming out of their recent rulemaking meeting, the California Privacy Protection Agency is not surprisingly finding the question of how...
6/7/2024 6:43:55 PM Certification Marks and Fame By Nate Garhart Trademarks and the Right to Stop Third-Party Use Trademark owners have the right to stop third parties from using marks that could cause...
5/23/2024 8:57:57 PM CPPA Rules Attacked From All Sides By Nate Garhart At a public hearing this week in Sacramento, it quickly became evident that the California Privacy Protection Agency's new rules under...
5/10/2024 4:08:19 PM Bay Bridge Series Second Inning: Oakland Doubles to Right With Countersuit in "San Francisco" Airport Trademark Dispute By Nate Garhart After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The...
5/9/2024 5:29:09 PM States Argue Against Federal Privacy Preemption By Nate Garhart Attorneys General from fourteen states—California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Minnesota,...
5/7/2024 5:01:32 PM The Fine Print Matters: AI Software Agreements Require Careful Scrutiny By Nate Garhart As law firms and other businesses increasingly look to AI-driven software to drive efficiency, the importance of meticulous review of not...