Blogs > More Than Your Mark®

Apr 07, 2023

Internet Archive’s Unauthorized Lending of Copyrighted eBooks is Not Fair Use

The Southern District of New York recently issued an opinion that held the Internet Archive, an organization whose professed mission is to provide universal access to all knowledge, infringed plaintiffs’ copyrights when it scanned print copies of books and offered free digital copies to users of its website without the copyright owners’ permission. » Read More

Dec 02, 2022

Ninth Circuit Broadens Means to Serve Foreign Defendants in Lanham Act Cases

Service of process is required when commencing a civil lawsuit because it informs and notifies a person or entity that it has been named in the lawsuit. If service of process does not take place or is shown to be deficient, the case cannot proceed, because the court will not have personal jurisdiction to enter a judgment against that party. » Read More

Sep 02, 2022

Artificial Intelligence Cannot Serve as an Inventor of a Patentable Invention

Last month, the United States Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled that only human beings may qualify as inventors of patentable inventions. See Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022). In the case at issue, computer scientist Stephen Thaler developed an artificial intelligence system for which he coined the name “DABUS” (“Device for Autonomous Bootstrapping of Unified Science”), and which is the “creativity machine” named as the sole inventor on patent applications for a food container and a light beacon. » Read More