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Venable LLP | USA | 29 May 2023
AI wants your NIL – especially if you're a celebrity
Innovations in artificial intelligence (AI) have made it easier than ever to replicate a person's name, image and likeness (NIL), particularly if that person is a celebrity. AI algorithms require massive amounts of "training data" – videos, images and soundbites – to create "deepfake" renderings of persona in a way that feels real. The vast amount of training data available for celebrities......
Venable LLP | USA | 1 May 2023
Eleventh Circuit affirms MTV Floribama Shore does not infringe FLORA-BAMA trademark
The United States Court of Appeals for the Eleventh Circuit recently affirmed dismissal of a trademark infringement lawsuit against the producers of MTV Floribama Shore. The Court's order sought to strike a balance between the trademark protections of the Lanham Act and the artistic freedoms guaranteed by the First Amendment. It did so by following the Second Circuit's two-prong test as set......
Snell & Wilmer LLP | USA | 10 Mar 2023
USPTO’s Cert Petition Argues Constitutionality of Lanham Act’s Living Individual Restriction
USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the…
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 11 Jan 2023
MedSpa’s Motion to Dismiss Doesn’t Measure Up
The U.S. District Court for the Southern District of Florida gave rapper Curtis J. Jackson III (famously known as 50 Cent) a holiday gift when it…
Ocean Tomo LLC | USA | 28 Dec 2022
SCOTUS to Hear Case on Damages for Trademark Violations Based on Foreign Sales
In 2023, the U.S. Supreme Court (SCOTUS) will take up what could prove a landmark case on the reach of U.S. courts in awarding damages based on…
Taft Stettinius & Hollister LLP | USA | 20 Dec 2022
Certiorari of Abitron Carries Strong Implications for Trademark Enforcement Abroad
On November 4, the United States Supreme Court decided to review the number of sales in the United States necessary to trigger the protections of the…
McDermott Will & Emery | USA | 8 Dec 2022
On the Border of Art and Trademark: First Amendment Trumps the Lanham Act
The US Court of Appeals for the Eleventh Circuit weighed trademark rights against free speech considerations and found that the First Amendment…
McDermott Will & Emery | USA | 29 Nov 2022
First Amendment Punches Out Alleged Lanham Act Violation
Addressing the balance between trademark rights under the Lanham Act and the First Amendment right to protected expression, the US Court of Appeals…
McDermott Will & Emery | USA | 29 Nov 2022
Court Uncorks New Way to Serve Trademark Complaints
The US Court of Appeals for the Ninth Circuit concluded that Section 1051(e) of the Lanham Act permits a plaintiff in a district court case to serve…
Sidley Austin LLP | USA | 16 Nov 2022
November’s Notable Cases and Events in E-Discovery
This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: a ruling from the U.S. District…
