Recently, the International Trade Commission (ITC) has been in the news for issuing an import ban on certain Apple Watches for patent infringement. While this ban is being reviewed by the Federal Circuit, many are hearing about the “ITC” for the first time. This IP Tip of the Month presents…

As 2023 comes to a close, it’s a great time to take stock of the year’s accomplishments and to create a game plan for diving into 2024. Maybe your small business made a jump thanks to a viral TikTok or popular influencer. Perhaps your company is gearing up to sell…

It is well settled that tattoos are copyrightable. In this regard, an infringement case in which one tattoo artist copies another artist’s work would likely proceed in a similar manner to any other copyright infringement case. But what happens when copying occurs in a different medium?

Fair Use is often…

What is Track One?

Track One is the USPTO’s prioritized patent examination program which guarantees a final disposition of a US patent within 12 months. Since its launch 12 years ago, the Track One program has allowed applicants to take advantage of ‘front of the line’ patent examination. Each fiscal…

What is a deepfake?

Deepfakes – artificial intelligence-driven tools capable of creating hyper-realistic digital replicas of individuals – have ushered in a novel set of challenges for intellectual property and the right of publicity. Historically, actors and public…

Although copyright registration is “not a condition of copyright protection” (17 U.S.C.A. § 408), it provides significant advantages to the copyright holder. A registration creates a public record of a copyright claim and comes with additional statutory benefits, including establishing prima facie evidence of copyright validity and allowing the recovery of statutory damages…

Released in November of 2022, ChatGPT has taken the world by storm. ChatGPT is a language model, created by OpenAI, that is trained to produce text outputs in response to user inputs. From poetry to emails, ChatGPT creates clear and humanlike writing in record time. It was trained by analyzing…

Patent protection is beneficial as it provides exclusive rights to produce, sell, use, and import an invention for the life of the patent. But patent protection can be beneficial for many other reasons, as described below.

Marketing to Consumers – First, patent protection can be beneficial as a strategic marketing…

In today’s global economy, it is important for inventors to consider obtaining international patent protection to prevent others from making, using, and selling their invention in multiple countries. However, a patent application typically needs to be filed in each country where protection is desired, which becomes very costly very quickly.…

Have you ever found your copyrighted material online without your authorization?

Service providers, like website hosts, can be held liable for infringing material posted by users of their services under theories of direct and indirect infringement. However, the Digital Millennium Copyright Act (DMCA) affords service providers a safe harbor if…