5/30/2025 11:43:17 PM Fair Use and Generative AI: Who Bears the Burden on Market Harm? By Nate Garhart Whether using copyrighted works to train generative AI models qualifies as fair use is one of the most pressing questions in contemporary...
5/29/2025 7:13:36 PM Influencer Trade Dress: The Battle of the Beige By Nate Garhart A recent settlement between social media influencers ended a dispute that could have tested an issue at the outer edges of intellectual...
5/23/2025 6:12:27 PM Pirated Data and Fair Use: A Fault Line in the AI Copyright Wars By Nate Garhart A notable moment in the ongoing litigation over the use of copyrighted materials as AI training data emerged this week when U.S. District...
5/21/2025 2:53:55 AM AI-Generated Music Presents Complex Copyright Issues By Nate Garhart As the use of generative artificial intelligence continues to expand into creative industries, the music world is entering a particularly...
5/20/2025 5:18:56 PM Work Made for Hire vs. Assignment: Why It Matters in Services Agreements By Nate Garhart When companies hire independent contractors to provide services that include the creation of content—whether it’s code, copy, video, or...
5/16/2025 5:29:26 PM When Imitation is Neither Sincere Nor Flattering - Trademark Dilution By Nate Garhart With changing laws and the ubiquity of cannabis and vaping product and service providers, leveraging the familiarity of established...
5/14/2025 5:08:09 PM Trademark Applications Filed on an Intent-To-Use Basis Can Be Vulnerable To Challenge By Nate Garhart In filing to register a trademark on an “intent-to-use” basis, the applicant must verify that it has a good faith “bona fide intention to...
5/13/2025 4:14:48 PM Copyright Office Weighs in on Use of Copryighted Works for LLM Training By Nate Garhart A day before the firing of the head of the U.S. Copyright Office, the third installment of the office's series of reports on copyright...
5/12/2025 4:24:43 PM In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights By Nate Garhart It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions...
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...
3/26/2025 6:46:21 PM Injunctive Relief Is Not Yet a Viable Remedy for Copyright Infringement Claims Involving GenAI By Su Li Since a February 11, 2025 decision by Judge Stephanos Bibas finding in favor of Plaintiff Thomson Reuters on copyright infringement...
3/10/2025 9:44:38 PM Machine Unlearning – A Potential Option for Remedy? By Su Li Machine unlearning (MU) is a concept that is likely more interesting to lawyers than to data scientists, as the latter typically focus on...