Showing posts with label IP. Show all posts
Showing posts with label IP. Show all posts

Wednesday, April 1, 2026

USPTO announces agentic AI-assisted evaluator for patent eligibility determinations; United States Patent and Trademark Office (USPTO), April 1, 2026

 United States Patent and Trademark Office (USPTO) ; USPTO announces agentic AI-assisted evaluator for patent eligibility determinations

"As part of the U.S. Patent and Trademark Office's (USPTO) continued efforts to incorporate artificial intelligence (AI) into agency operations—first with the Artificial Intelligence Search Automated Pilot Program, or “ASAP!,” for patent prior art references followed by the Trademark Classification Agentic Codification Tool, or “Class ACT,” for trademark searching—the USPTO today announced the first-of-its-kind agentic AI tool to assist in patent eligibility determinations under 35 U.S.C. §101. 

America’s Innovation Agency’s new AI system, termed “McConaughey Agentic Tasking Technology Helping Examiner Workload,” or “MATTHEW,” for short, will help examiners tackle the thorniest of eligibility questions as to whether claims presented are an abstract idea or a patent-eligible invention. “MATTHEW will greatly enhance our ability to make the close calls—or any call, really—as I herewith also suspend all applicable precedent, including Desjardins, Alice, and Mayo,” said USPTO Director John A. Squires. “Basically, in terms of eligibility, if MATTHEW says your invention is ‘Alright, Alright, Alright,’ then it’s ‘Alright, Alright, Alright’ with the USPTO.” 

“Initially, we had some concerns that we would be introducing a three-part test in place of the two-part test under Alice and Mayo, but I think we’ll be al…um, okay,” he continued.

“We want to equip our examiners—the best in the world at what they do—with the best tools to assist them,” said Director Squires. “In fact, MATTHEW was selected after careful evaluation of best-in-breed offerings, including the ‘Binary Eligibility Engaged Translation Language Environment Joint User Interface Computational Evaluator,’ or ‘BEETLEJUICE,’” he stated. “But the coders had some issues in testing when they said the name three times. I hope they’ll be al…um, okay,” remarked the Director. 

When asked if the USPTO licensed its tool in light of famed actor McConaughey’s recent Name Image and Likeness (NIL) ‘non-traditional’ registrations, Director Squires retorted, “Well, he’s the one who said, ‘trademark yourself!’—I think the Founders would have wanted this.” When asked if he had heard from Mr. McConaughey’s lawyers, Director Squires produced an unintelligible, guttural chanting sound and began rhythmically beating his chest with his fist.

For more information on this trailblazing AI system, please visit the USPTO website."

Taylor Swift Sued for Trademark Infringement Over ‘The Life of a Showgirl’; The Hollywood Reporter, March 30, 2026

 Winston Cho , The Hollywood Reporter; Taylor Swift Sued for Trademark Infringement Over ‘The Life of a Showgirl’

Maren Wade owns the trademark for 'Confessions of a Showgirl.' She claims that the singer undermined her brand with the chart-topping album.

"Taylor Swift‘s latest album, The Life of a Showgirl, has sparked a lawsuit from a writer, who accuses the singer of knowingly disregarding her claim to a similar name.

In a lawsuit filed on Monday in California federal court, Maren Wade brings claims for trademark infringement, false designation and unfair competition against Swift and UMG Recordings. She seeks unspecified damages and a court order barring the singer from continuing to use the name of her chart-topping album."

Thursday, March 26, 2026

America's Newspapers emphasizes importance of protecting publishers’ intellectual property; Editor & Publisher, March 25, 2026

 Staff | America's Newspapers , Editor & Publisher; America's Newspapers emphasizes importance of protecting publishers’ intellectual property

"America’s Newspapers has issued the following statement in response to the comprehensive national legislative framework on artificial intelligence released by the Trump administration...

Specifically, the framework affirms that the creative works and unique identities of American innovators, creators and publishers must be respected in the age of AI. At the same time, it recognizes that artificial intelligence systems require access to information to learn and improve, and proposes a balanced approach that both enables innovation and safeguards the rights of content creators.

“America’s Newspapers strongly supports the administration’s recognition that high-quality journalism and original content are essential to the continued strength of our democracy and economy,” said Matt McMillan, chair of America’s Newspapers and CEO of Press Publications."

Tuesday, March 17, 2026

Senators tell ByteDance to ‘immediately shut down’ Seedance AI video app; CNBC, March 17, 2026

 Emily Wilkins, CNBC ;  Senators tell ByteDance to ‘immediately shut down’ Seedance AI video app

"Sens. Marsha Blackburn and Peter Welch are calling for a halt to the new version of ByteDance’s artificial intelligence app, Seedance, which generates videos of real people and licensed characters, raising copyright and intellectual property concerns. 

Seedance 2.0 “is the most glaring example of copyright infringement from a ByteDance product to date, and you must immediately shut down Seedance and implement meaningful safeguards to prevent further infringing outputs,” Blackburn, R-Tenn., and Welch, D-Vt., wrote in a letter to ByteDance CEO Liang Rubo that was first obtained by CNBC.

Their letter is a sign of growing concerns on Capitol Hill about how AI companies are developing and using their models and whether proper protections are in place for those who generate the materials the models train from."

Saturday, March 14, 2026

What Was Grammarly Thinking?; The Atlantic, March 12, 2026

Kaitlyn Tiffany, The Atlantic ; What Was Grammarly Thinking?

A short-lived AI tool promised to help users write like the greats—and a bunch of other random people, including me.

"But in the age of generative AI, there are many new kinds of copying. For instance, Wired reported last week on a tool offered by Grammarly, which briefly offered users the opportunity to put their writing through something called “Expert Review.” This produced AI-generated advice purportedly from the perspective of a bunch of famous authors, a bunch of less-famous working journalists (including myself, per The Verge’s reporting), and a bunch of academics (including some who had recently died).

I say “briefly” because the company deactivated the feature today. A lot of people got really mad about it because none of the experts had agreed for their work to be used in such a way, or to serve as uncompensated marketing for an app that people use to help them write more legible emails. “We hear the feedback and recognize we fell short on this,” the company’s CEO, Shishir Mehrotra, wrote on his LinkedIn page yesterday. Not long after, Wired reported that one of the journalists whose name had been used in the feature, Julia Angwin, was filing a class-action lawsuit against Grammarly’s owner, Superhuman Platform. In a statement forwarded by a spokesperson, Mehrotra repeated apologies made in his LinkedIn post and added, "We have reviewed the lawsuit, and we believe the legal claims are without merit and will strongly defend against them.”...

Now that I’ve looked more closely at this not-very-useful feature, and now that it’s shut down, the whole situation seems a little absurd. This was just a weird and inappropriate thing that a company tried to do to make money without putting in very much effort. The primary reason it became a news story at all was that it touched on widespread anxiety about whose work is worth what, whose skills will continue to be marketable in the age of AI, and whether any of us are really as complex, singular, and impossible-to-imitate as we might hope we are."

Friday, March 13, 2026

Former NFL players decry White House video mixing big hits, airstrikes; The Washington Post, March 12, 2026

 , The Washington Post; Former NFL players decry White House video mixing big hits, airstrikes

"The football montage, which was still online as of Thursday morning and by that time had collected over 10 million views on X, was met with criticism from members of the college and pro football community, not simply for the comparison of war and sport, but for the NFL’s and other rightsholders’ failure to object to the use of the images."

Leveling Up or Losing Rights? Copyright Challenges of AI-Generated Content in Gaming; The National Law Review, March 12, 2026

Nichole HaydenZahra AsadiNelson Mullins  Idea Exchange - Insights, The National Law Review; Leveling Up or Losing Rights? Copyright Challenges of AI-Generated Content in Gaming

"Artificial intelligence is quickly becoming part of the regulated gaming ecosystem. From electronic slot machines and casino games to online sportsbooks and betting platforms, AI is now used to assist with everything from game themes and visual design to user interfaces and marketing content. While these tools promise efficiency and faster development cycles, they also raise an important legal question for gaming companies: when AI is involved in creating game content, who actually owns the result?"

Thursday, March 12, 2026

An Artist Renounced His Family. They Sued to Acquire His Life’s Work.; The New York Times, March 11, 2026

 Arthur Lubow , The New York Times; An Artist Renounced His Family. They Sued to Acquire His Life’s Work. 

A settlement is reached in the case of Mike Disfarmer, who renounced his family. Decades later they sued to take back his life’s work. When heirs battle the people who built their legacies, the art may be at stake.

"Art scholars and experts on intellectual property law say the litigation over the Disfarmer archive poses consequential ethical and legal questions, among them: Who should manage the estate of an artist who dies without a will? Heirs who hardly knew him — or outsiders, including museums, who built and conserved the estates that are now worth fighting over?

The Disfarmer litigation raises some of the same issues — and indeed, involves some of the same players — as the lawsuits initiated by families of two other reclusive American artists who died without wills: Vivian Maier and Henry Darger, who both lived in Chicago. All three were unrecognized during their lifetimes and out of touch with their relatives. When their estates belatedly became valuable, distant cousins stepped up to demand their rights. The law would dictate the outcome. But some question whether the law always serves an artist’s best interests."

Sunday, March 8, 2026

Celebrating 250 years of discovery, creativity, and enterprise; United States Patent and Trademark Office (USPTO), March 2026

United States Patent and Trademark Office (USPTO), March 2026; Celebrating 250 years of discovery, creativity, and enterprise 

"In 1776, our nation’s founders declared independence based on three inalienable rights: life, liberty, and the pursuit of happiness. Over the past 250 years, innovators from coast to coast have helped turn those ideals into reality. Their ingenuity made our world safer, advanced our technological progress, and created prosperity for both the country and their families.  

As America’s Innovation Agency, the United States Patent and Trademark Office (USPTO) protects the inventions and brands that drive our economy forward. Join us as we explore the foundations of the intellectual property system in America, the history of patents and trademarks, and how innovation transforms our daily lives."

Tuesday, March 3, 2026

Fans value ethics over innovation at AI hologram concerts, new study finds; Phys.org, March 3, 2026

 , Phys.org; Fans value ethics over innovation at AI hologram concerts, new study finds

"The recent success of the ABBA Voyage virtual reunion tour and the Tupac hologram at Coachella show how audiences embrace these performances as opportunities to relive shared cultural milestones.

However, little is known about how consumers perceive the uniqueness, nostalgia and ethicality of holographic AI concerts, and how these perceptions translate into emotional and social values.

"Ethics is not optional—it's definitely strategic," said researcher Seden Dogan, assistant professor of instruction in the USF School of Hospitality and Sport Management. "When using technologies like holograms or AI to recreate past artists, ethical responsibility matters more than novelty alone."

Dogan is the lead author of the paper, "Reviving legends through holographic AI event experiences: Consumer acceptance and value insights," recently published in the International Journal of Contemporary Hospitality Management.

"Audiences care more about whether the holographic performance felt respectful and morally appropriate than about how innovative or memory-evoking it was," Dogan said."

Monday, March 2, 2026

Everybody’s Talking About AI: Takeaways from the February 20, 2026 Fordham Law Symposium; Lexology, February 26, 2026

 Seyfarth Shaw LLP - Owen Wolfe, Lexology; Everybody’s Talking About AI: Takeaways from the February 20, 2026 Fordham Law Symposium

"On February 20, 2026, Gadgets, Gigabytes and Goodwill Blog co-editor Owen Wolfe spoke at the Fordham School of Law as part of the Fordham Intellectual Property, Media & Entertainment Law Journal Symposium, The Meaning of Ownership: Rethinking Intellectual Property, Creativity, and Control in the Age of Innovation. Owen discussed how courts have so far applied the “fair use” doctrine to cases involving generative AI, distinguishing between use of copyrighted materials in gen AI training and gen AI outputs that are alleged to be substantially similar to the original works. He noted that the decisions to date have been mixed, with some courts finding that certain uses of copyrighted works for AI training are fair use, and other courts expressing skepticism about whether that is the correct result. Owen also surveyed arguments both for and against a finding of fair use, giving the audience food for thought about what courts might decide in the future and whether we might see an amendment to the Copyright Act down the road.

Owen’s talk followed one by Dr. Douglas Lind, a professor at Virginia Tech, who surveyed the history of copyright law in the United States. He focused on the law’s treatment of phonograph records and sound recordings when those new technologies first emerged. Dr. Lind noted that copyright law evolved, and the Copyright Act was eventually amended, to address those new technologies. Dr. Lind raised the question of whether the Copyright Act should be amended again to address gen AI."

Tuesday, February 24, 2026

9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle; The Fashion Law, February 24, 2026

 TFL, The Fashion Law; 9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle

"In the latest chapter of a closely-watched fitness industry feud, a federal appeals court handed Megan Roup a decisive victory in her copyright battle with rival trainer Tracy Anderson, affirming that Anderson’s dance-cardio routines are not protectable under federal copyright law. In a newly-issued memorandum, the U.S. Court of Appeals for the Ninth Circuit upheld the lower court’s grant of summary judgment in Roup’s favor, concluding that the so-called “TA Method” amounts to a functional fitness system rather than protectable choreography...

The Ninth Circuit’s ruling sends a clear message to fitness entrepreneurs: branding a workout as proprietary, scientific, or even choreographed will not convert a functional exercise system into a protectable work of authorship. For an industry built on personality-driven empires and carefully curated “methods,” the decision makes clear how limited a role copyright can play in safeguarding competitive advantage. With that in mind, parties like Anderson and Roup will have to rely on trademarks, trade secrets, and as this case illustrates, carefully drafted employment agreements, to protect their intellectual capital.

For now, Roup has secured a meaningful appellate win. And for Anderson, whose cult-followed method helped define boutique fitness in the 2000s, the fight continues – albeit on the contract (not copyright) front.

The case is Tracy Anderson Mind and Body, LLC, et al. v. Megan Roup, et al., 2:22-cv-04735 (C.D. Cal.) "

Friday, February 20, 2026

The battle over Scott Adams' AI afterlife; Business Insider, February 20, 2026

Katherine Tangalakis-Lippert, Business Insider; The battle over Scott Adams' AI afterlife

 "In a 2021 podcast clip, the cartoonist said he granted "explicit permission" for anyone to make a posthumous AI based on him, arguing that his public thoughts and words are "so pervasive on the internet" that he'd be "a good candidate to turn into AI." He added that he was OK with an AI version of him saying new things after he died, as long as they seemed compatible with what he might say while alive.

Shortly after the 68-year-old's January death from complications of metastatic prostate cancer, an AI-generated "Scott Adams" account began posting videos of a digital version of the cartoonist speaking directly to viewers about current events and philosophy, mirroring the cadence and topics the actual human Adams discussed for years.

His family says it's a violation, not a tribute."

U to expand innovation support across West in partnership with USPTO; The University of Utah, February 19, 2026

 UNIVERSITY OF UTAH COMMUNICATIONS , The University of Utah; U to expand innovation support across West in partnership with USPTO

"The University of Utah has entered into a new agreement with the U.S. Patent and Trademark Office (USPTO) to host a community engagement office on the U campus, strengthening access to intellectual property (IP) education, resources, and expertise for students, entrepreneurs, businesses and communities across the Intermountain West.

Under the agreement announced Thursday by the USPTO, the U campus will provide a home for a USPTO presence in Salt Lake City, powering a hub for education and outreach under the Unleashing American Innovators Act of 2022. The partnership allows the USPTO to immediately begin delivering vital services and building relationships that support innovation, economic growth and inclusive participation in the nation’s intellectual property system."

Wednesday, February 18, 2026

Dinner Is Being Recorded, Whether You Know It or Not; The New York Times, February 16, 2026

 , The New York Times; Dinner Is Being Recorded, Whether You Know It or Not

"To be in public is to risk being filmed. And these days, there’s a good chance it’s happening surreptitiously with smart glasses. Their wearers are filming in restaurants, cafes and bars, capturing warped, eye-level video of drive-through pranks, Michelin-starred meals and work shifts at Texas Roadhouse. Servers, owners and customers can end up as captive participants...

Filming in public spaces is broadly protected by the First Amendment. Some states, including California and Pennsylvania, have two-party consent laws that prohibit recording without express permission, but enforcing them hinges on whether someone has a “reasonable expectation of privacy” in a given setting, said Aaron Krowne, a New York City lawyer specializing in privacy and civil liberties. Restaurants fall in a legal gray area: They are privately owned, but open to anyone who walks in...

The responsibility of using these devices ethically falls largely on the wearer."

Monday, February 16, 2026

ByteDance says it will add safeguards to Seedance 2.0 following Hollywood backlash; CNBC, February 16, 2026

 Dylan Butts, CNBC; ByteDance says it will add safeguards to Seedance 2.0 following Hollywood backlash

"Chinese tech giant ByteDance has said it will strengthen safeguards on a new artificial intelligence video-making tool, following complaints of copyright theft from entertainment giants. 

The tool, Seedance 2.0, enables users to create realistic videos based on text prompts. However, viral videos shared online appear to show copyrighted characters and celebrity likenesses, raising intellectual property concerns in the U.S. 

“ByteDance respects intellectual property rights and we have heard the concerns regarding Seedance 2.0,” a company spokesperson said in a statement shared with CNBC."

Saturday, February 14, 2026

Scoop: Disney sends cease and desist letter to ByteDance over Seedance 2.0; Axios, February 13, 2026

 Sara Fischer, Axios; Scoop: Disney sends cease and desist letter to ByteDance over Seedance 2.0

"The Walt Disney Company on Friday sent a cease-and-desist letter to ByteDance, alleging the Chinese tech giant has been infringing on its works to train and develop an AI video generation model without compensation, according to a copy of the letter obtained by Axios.

Why it matters: It's the most serious action a Hollywood studio has taken so far against ByteDance since it launched Seedance 2.0 on Thursday. 

Zoom in: The letter, addressed to ByteDance global general counsel John Rogovin, accuses ByteDance of pre-packaging its Seedance service "with a pirated library of Disney's copyrighted characters from Star Wars, Marvel, and other Disney franchises, as if Disney's coveted intellectual property were free public domain clip art." 


"Over Disney's well-publicized objections, ByteDance is hijacking Disney's characters by reproducing, distributing, and creating derivative works featuring those characters. ByteDance's virtual smash-and-grab of Disney's IP is willful, pervasive, and totally unacceptable," Disney's outside attorney David Singer wrote. 


"We believe this is just the tip of the iceberg – which is shocking considering Seedance has only been available for a few days," he added.


Between the lines: The letter includes a slew of examples of infringing Seedance videos that feature Disney's copyrighted characters, including Spider-Man, Darth Vader, Star Wars' Grogu (Baby Yoda), Peter Griffin from Family Guy and others."

Thursday, February 12, 2026

Pitt climbed in the National Academy of Inventors’ global patent ranking; PittWire, February 12, 2026

 PittWire ; Pitt climbed in the National Academy of Inventors’ global patent ranking

"The University of Pittsburgh climbed two spots on the list of the Top 100 Worldwide Universities Granted U.S. Utility Patents, according to the most recent list issued by the National Academy of Inventors (NAI).

Pitt innovators were issued 107 U.S. patents in 2025 for a No. 26 ranking, up from No. 28 in 2024, when they were issued 102 patents.

Released annually by the NAI since 2013, the Top 100 Worldwide Universities List spotlights the universities holding U.S. utility patents to showcase the important research and innovation taking place within academic institutions.

Nine institutions outside the U.S. and several multicampus statewide university systems were among those ranked ahead of Pitt.

“Pitt’s climb in the NAI patent ranking underscores the determination of our faculty and student innovators to turn research into real-world impact,” said Evan Facher, vice chancellor for innovation and entrepreneurship and associate dean for commercial translation at the School of Medicine. “Our innovators are submitting discoveries to the Office of Innovation and Entrepreneurship at a record pace, and securing intellectual property is a crucial step in translating those breakthroughs into technologies that improve lives.”

In the last fiscal year, Pitt innovators had their intellectual property licensed or optioned 137 times, including the formation of 15 startup companies, with technologies ranging from AI platforms for diagnosing macular degeneration, aortic aneurysms and ear infections, to a gene therapy to treat hearing loss, and more."

Figure Skaters Try to Master a New Routine: Copyright Compliance; The New York Times, February 12, 2026

  , The New York Times; Figure Skaters Try to Master a New Routine: Copyright Compliance

"The intricacies of intellectual property law have been the talk of the figure skating competition in Milan unlike at any previous Games. Several athletes have found themselves caught up in copyright controversies before and during one of the biggest competitions of their careers, illustrating the complex and error-prone process skaters must navigate to gain permission to use others’ music in their routines."