What’s Happening with AI and Copyright Law; JD Supra, November 4, 2024

AEON Law, JD Supra; What’s Happening with AI and Copyright Law

"Not surprisingly, a lot is happening at the intersection of artificial intelligence (AI) and intellectual property (IP) law.

Here’s a roundup of some recent developments in the area of copyright law and AI.

Copyright Office Denies AI Security Research Exemption under DMCA...

Former OpenAI Employee Says It Violates Copyright Law...

Blade Runner Production Company Sues Tesla for AI-Aided Copyright Infringement"

‘Trump Too Small’ Trademark Case Morphs Into Free Speech Debate; Bloomberg Law, June 18, 2024

 Laura Heymann , Bloomberg Law; ‘Trump Too Small’ Trademark Case Morphs Into Free Speech Debate

"The US Supreme Court’s June 13 decision in the “Trump Too Small” trademark case revealed a potential rift among the justices on First Amendment jurisprudence but did little to advance intellectual property law...

Trademark law, the Supreme Court has said in prior cases, is primarily about two goals: preventing confusion among consumers by ensuring accurate source identification and preserving trademark owners’ reputation and goodwill. For these justices, the names clause passed muster because prohibiting the registration of personal names without consent was self-evidently reasonable in light of these purposes; no further analysis was required."

American Girl Walks Back Threat to Sue 'Karen' Doll Parody Meme; Comic Book Resources, July 8, 2020

Kelvin Childs, Comic Book Resources; American Girl Walks Back Threat to Sue 'Karen' Doll Parody Meme

"American Girl has walked back its previous assertion that it would take legal action against a spoof ad for a "Karen 2020 Girl of the Year" doll.

On Twitter, the company said, "American Girl has no intention of censoring this parody meme and anything shared to the contrary was in error. We apologize for any misunderstanding.""

NDAs Are Out of Control. Here’s What Needs to Change; Harvard Business Review, January 30, 2018

Orly Lobel, Harvard Business Review; NDAs Are Out of Control. Here’s What Needs to Change

[Kip Currier: Came across this article about Nondisclosure Agreements (NDAs) while updating a Trade Secrets lecture for this week. The author raises a number of thought-provoking ethical and policy issues to consider. Good information for people in all sectors to think about when faced with signing an NDA and/or managing NDAs.]

"Nondisclosure agreements, or NDAs, which are increasingly common in employment contracts, suppress employee speech and chill creativity. The current revelations surfacing years of harassment in major organizations are merely the tip of the iceberg.

New data shows that over one-third of the U.S. workforce is bound by an NDA. These contracts have grown not only in number but also in breadth. They not only appear in settlements after a victim of sexual harassment has raised her voice but also are now routinely included in standard employment contracts upon hiring. At the outset, NDAs attempt to impose several obligations upon a new employee. They demand silence, often broadly worded to protect against speaking up against corporate culture or saying anything that would portray the company and its executives in a negative light. NDAs also attempt to expand the definitions of secrecy to cover more information than the traditional bounds of trade secret law, in effect preventing an employee from leaving their employer and continuing to work in the same field."

"Dangers of Counterfeit Solar Filter Glasses"; Global Intellectual Property Center, August 7, 2017

"GIPC President and CEO David Hirschmann will join the Lars Larson Show tonight at 5:05 p.m. EST to discuss the dangers of counterfeit solar filter glasses ahead of the August 21 eclipse. Hirschmann will also offer general tips on how to avoid counterfeit goods during the busy back-to-school shopping season. Tune into the live broadcast here. Read more on counterfeit solar filter glasses from GIPC's Kasie Brill here. Share on Twitter here."

April 27, 2017 Panel: A Name Worth Fighting For? The Slants, Trademark Law, and Free Expression; Duquesne University, Pittsburgh, Pennsylvania

[Kip Currier: Looking forward to attending this panel--addressing very interesting IP and free speech issues--and hearing the band play afterwards]

A Name Worth Fighting For? The Slants, Trademark Law, and Free Expression

Event Date: 

Thursday, April 27, 2017 - 4:30pm to 7:00pm

Event Location:

• Union Africa Room (3rd Fl.)

Event Audience:

• Alumni
• Current Students
• General Public

Cost: 

$60.00 
$60 or $50 for CLE Program, Reception, and Music

Continuing Legal Education

A Name Worth Fighting For? The Slants, Trademark Law, and Free Expression 

Join Duquesne Law, the Pittsburgh Intellectual Property Association, and the Federal Bar Association’s Pittsburgh chapter for a special program about the rock band that is the subject of a current U.S. Supreme Court case. 

The continuing legal education (CLE) course focuses The Slants, an Asian-American musical group whose trademark application was denied for its use of a term deemed derogatory, and the case Lee v. Tam. 

The program features Simon Tam, the band’s founder and bassist, Hon. Cathy Bissoon of U.S. District Court, Western District of Pennsylvania, and Christine Haight Farley, a law professor from American University. Associate Dean Jacob H Rooksby, an intellectual property professor at Duquesne, will moderate a discussion about trademark law, including whether the band’s choice to claim the name should be protected by the First Amendment.

The CLE will review Section 2(a) of the Lanham Act of 1946, which the U.S. Patent and Trademark Office used to deny the band’s trademark application; the U.S. Court of Appeals for the Federal Circuit’s decision reversing the trademark office’s determination; and freedom of expression issues. 

The U.S. Supreme Court heard oral argument on Lee v. Tam in January. The ongoing legal battle has been covered by the New York Times, NPR, and other media outlets. This CLE will offer insight into the fight by the band’s founder as well as an opportunity to hear the group’s music. A 45-minute concert and light reception will follow the CLE program.

4:30 p.m. – 6 p.m. CLE

6:15 p.m. – 7 p.m. Concert