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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.


The Art of Copyright – Excuse Me – Tattoos

*IP Law Clerk Martin Yi co-authored this blog post.

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…

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…

International Patent Protection Strategy

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.…

Dealing with Copyright and Trademark Infringement on the Internet and Social Media

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…

Marketing Goods for Sale: Protecting the Consumer from Deceptive Acts or Practices

All states have laws that prohibit unfair and deceptive practices in consumer transactions. While the scope of protection these laws afford consumers vary from state to state, the laws all seek to provide fair treatment of consumers in the marketplace by prohibiting conduct that is likely to mislead a reasonable…

Mark Your Territory: The Power of Patent Marking to Protect Your Inventions

Have you ever seen printed or embossed patent numbers listed on products or product packaging?

In the United States, patent marking is the act of placing a notice on a product, packaging, or associated documentation to indicate that the product is protected by an issued patent. The notice typically includes…