Blogs > More Than Your Mark®

intellectual property

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

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

Aug 26, 2022

Netflix Sues Bridgerton Musical Creators for Copyright and Trademark Infringement

“It seems our diamond requires a closer inspection,” famously says the fictional character Lady Whistledown of Regency-era London’s most beautiful debutante in Bridgerton (Season One). Bridgerton, for the uninitiated, is the Netflix hit series based on historical romance novels by Julia Quinn. » Read More

Jun 03, 2022

Protection for Voice Actors is Artificial in Today’s Artificial Intelligence World

As we all know, social media has taken the world by storm. Unsurprisingly, it’s had an impact on trademark and copyright law, as the related right of publicity. A recent case involving an actor’s voice being used on the popular app TikTok is emblematic of the time. » Read More

May 20, 2022

Tokens and Titles and Art

The recent collapse in NFT sales may have cooled general interest in the digital assets, but the legal questions they raise remain very much alive and relevant to rightsowners and creatives alike.  We reported previously about Hermés’ complaint against the creator of MetaBirkin NFTs, and the Court’s decision this week denying the creator’s motion to dismiss that complaint goes to the ever-relevant question of boundary between art and commerce. » Read More

Feb 04, 2022

To Search or To Sink: The Importance of Clearing Your Brand

So many times in my three decades of practice I’ve shaken my head at the perils a trademark owner can so easily avoid by searching and clearing a mark. The litigations! The unnecessary attorneys’ fees! The time and resources lost! All because my client (or adversary) didn’t conduct a proper trademark search. » Read More

Jan 07, 2022

What’s New in the Public Domain and What it Means for You

On Jan. 1, 2022, all works first published in 1926 and all sound recordings from before 1923 entered the public domain in the United States. This means they are no longer protected by copyright, and anyone and everyone are free to copy, publish, perform, and create derivative works of these books, plays, artworks, films, and recordings.  » Read More

Dec 03, 2021

Copyright Notice Tips: How to Enhance Protection of Your Creative Works (And When to Call Your Lawyer)

Working today through an interesting copyright notice issue prompted me to write today’s post. While current copyright law doesn’t require a copyright notice, placing one on a creative work such as online content, websites, promotional materials, books, films, sculptures, toys, games, or paintings can enhance the copyright owner’s rights by providing “constructive notice” of those rights. » Read More