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Timely tips to bring you up to speed on developments in intellectual property law and help you protect your brand’s most vital assets.

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Brand Strategy and Best Practices from an IP Perspective

Branding is critical for businesses looking to build connections with customers and brand recognition in the market. A well-executed brand strategy often drives brand awareness and builds brand recognition by ensuring consistent design across all brand visuals. In this way, a consistent visual identity can be crafted. One way to…

Leaping AI’s Legal Hurdles: Three Considerations for Businesses Piloting AI

The integration of artificial intelligence (AI) into various industries has unlocked immense potential for innovation and efficiency. However, amidst the AI revolution, businesses face complex legal challenges, particularly concerning intellectual property (IP) rights.

Trademark and Patent Concerns

AI-generated content may inadvertently incorporate trademarks or infringe upon existing patents of others…

Section 337 Proceedings at the ITC

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…

IP Tip of the Month: Year in Review

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…

The Art of Copyright – Excuse Me – Tattoos

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…

Track One: USPTO’s Speedy Patent Prosecution Comes at a Cost

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…

Deepfakes and Intellectual Property: The Disinformation Dilemma in Publicity Rights

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

Responding to Copyright Office Refusals

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…

Usage Guidelines for ChatGPT

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 as a Business Strategy

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…