7/11/2025 5:24:46 PM IP Terminology: Accuracy Matters By Nate Garhart In the linked article about a trademark dispute, the author notes that the plaintiff claimed the defendant used a “copyrighted name.”...
7/9/2025 5:49:57 PM Profits or Peers: Does Seeking an Accounting in Trademark Litigation Waive the Right to a Jury Trial? By Nate Garhart In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a...
7/7/2025 7:43:50 PM Two's A Crowd: The Pitfalls of Trademark Co-Ownership By Nate Garhart Often, individuals joining together on a project believe they should each own the name they choose. Indeed, it only seems fair. But...
7/1/2025 6:35:10 PM Fair Use Ruling Undermines Related DMCA Claim By Nate Garhart After previously dismissing infringement claims on the ground that using copyrighted works to train a large language model qualified as...
6/26/2025 5:38:22 PM Fair Use Defense Gains Ground as Court Backs AI Training, but the Devil Is in the Details By Nate Garhart Just two days after Judge William Alsup issued a mixed ruling in the Anthropic AI copyright case, a second California federal judge...
6/25/2025 7:46:19 PM Arrrgh: Piracy and Fair Use in AI Training By Nate Garhart Monday's decision in a copyright suit against Anthropic for the use of copyrighted works in the training of its LLM came down as expected...
6/24/2025 5:30:17 PM Romancing the AI: Copyright in the Formulaic By Nate Garhart Romance novel covers tend to follow a familiar playbook. They often feature dramatic lighting, striking couples, flowing fabrics, and...
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...