6/20/2025 5:18:28 PM Incontestably Confused: Incontestability and Actual Confusion in Trademark Claims By Nate Garhart A recent lawsuit between two pest control companies operating under the same BLACK WIDOW trademark offers a useful reminder about the...
6/18/2025 4:49:44 PM Westlaw Headnotes Case Heads to Appeals Court in Closely Watched AI Copyright Battle By Nate Garhart The Third Circuit is stepping into the spotlight on the intersection of copyright law and AI training. On June 17, it agreed to hear the...
6/18/2025 1:32:04 AM These Aren’t the Droids You’re Looking For: Remedy Sought Against Midjourney Shifts Focus of AI Liability By Nate Garhart In their recent lawsuit against AI image generator Midjourney, Disney and Universal are not only seeking damages and declaratory relief...
6/16/2025 5:41:21 PM Federal Circuit Remands TTAB's False ECHO in Wine Dispute By Nate Garhart The USPTO and TTAB are usually quick to focus on shared terms when assessing the likelihood of confusion between trademarks. This will...
6/11/2025 4:55:08 PM Outside Baseball: IP Rights in Public Performances By Nate Garhart A lawsuit between the Chicago Cubs and the owner of a rooftop venue near Wrigley Field raises important questions about the scope of...
6/10/2025 5:19:38 PM New TTAB Precedent Prohibits Incorporation By Reference By Nate Garhart In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its...
6/9/2025 5:56:48 PM Mad Max or a Brand Warrior: HBO's Experience In the Branding Thunderdome By Nate Garhart After a two-year experiment under the MAX trademark, Warner Bros. Discovery is restoring HBO MAX as the brand for its flagship streaming...
6/4/2025 6:39:41 PM L'eggo My Rights: Parody or Trademark Violation? By Nate Garhart In another in a long line of trademark imitation cases, Kellogg North America Co. LLC has filed a trademark and trade dress infringement...
6/4/2025 6:05:17 PM Trump’s Copyright Purge Leaves Creators in Legal Limbo By Nate Garhart A political shake-up at the U.S. Copyright Office has triggered operational chaos and legal uncertainty, leaving creators and copyright...
6/3/2025 9:32:07 PM What's In a Name?: The Legal Landscape of Choosing Surnames as Trademarks By Nate Garhart As noted in the linked article, many iconic brands, including Ford, Harley-Davidson, and JC Penney (yes, he was real), bear the surnames...
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...