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Brett Trout Nikes reputation as an industry leader in athletic footwear is built on a foundation of innovation and aggressive protection of its intellectualproperty. Although the case was just settled, this lawsuit was not Nikes first foray into patent infringement litigationnor is it likely to be its last.
Recently, the companys aggressive enforcement of its intellectualproperty (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?
Brett Trout In the world of intellectualproperty, securing a patent is just the beginning. The real challenge often lies in defending that patent. This involves lawsuits, settlements, and sometimes courtroom battles. The key is crafting you patent not only for breadth, but with an eye toward litigation.
Brett Trout Patent litigation is often complex and high-stakes, but the case involvingLeigh Rothschild, Starbucks, and attorney Rachael Lamkinhas taken an unusual turn, morphing from a patent infringement lawsuit into allegations of fraud, and now, a defamation battle? from defendants through AT.
Brett Trout The Cost of Defending Your Patent As an inventor or patent holder, your intellectualproperty represents years of hard work, creativity, and financial expenditures. When someone infringes on these rights, theyre not just violating your intellectual propertytheyre undermining the value of your hard work.
But this new era of AI has not come without controversy, as authors and rights holders have launched waves of litigation against the companies that trained and released generative AI models, as well as their investors and affiliates, alleging violations of intellectualproperty rights. 1] Proving Defendants Use of Training Data Inputs.
While many patent attorneys focus solely on prosecution (getting patents granted), those who have stood in court to enforce or defend patents gain insights that dramatically shape how they draft them. It gives you leverage in partnerships, confidence in investment conversations, and real options if competitors cross the line.
Paying opposing counsels fees for defending the Motion in Limine; and ?Implementing Promptly withdrawing the Motion in Limine; ?Being Being honest and forthcoming about the use of AI in generating the case citations; ?Paying 0) When AI Turns Against You: The Devastating Fallout of a Single Download (0)
Build a Barrier to Imitators Registering your trademark puts competitors and counterfeiters on notice that your brand is legally protected, and that you are prepared to defend it. Increase Your Business Valuation Trademarks are intellectualproperty assets that enhance the value of your business.
Determining when a dupe seller crosses the line and a dupe infringes intellectualproperty rights can be tricky. But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive.
On June 27, 2025, Lululemon filed a federal lawsuit accusing Costco of selling “confusingly similar” knockoffs of its best-selling clothes—including its Scuba hoodies, Define jackets, and ABC pants. What is the Lawsuit About? The Rise of the “Dupe” Culture This lawsuit is part of a bigger trend: “dupe” shopping.
Anytime people are making or losing large amounts of money, lawsuits are inevitable. Last week, we got the first published (precedential) appellate opinion in a federal lawsuit concerning NFTs: Yuga Labs, LLC v. Ripps also filed an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion to strike. Ryder Ripps , No.
Bell has filed at least 25 copyright lawsuits. While this court might ordinarily suspect that such an assertion was made in jest, there is nothing funny about the dozens of lawsuits which plaintiff has filed against numerous entities which, as the Fifth Circuit noted in Eagle Mountain, were mostly public schools or nonprofits.
Whether copyrighted works can be freely used to train generative artificial intelligence (“AI”) models is at the core of dozens of lawsuits filed since AI burst onto the scene several years ago. Following a contentious discovery period, defendants in Anthropic moved for summary judgment and asserted a fair use defense on March 27, 2025.
17] As to AI developers’ second argument, the same Southern District of New York court concluded that defendants could potentially be liable since they “possessed far more than a ‘generalized knowledge of the possibility’ of third-party infringement” given that “copyright infringement was ‘central to [defendants’] business model.’” [18] B.
Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. This decision largely rejects the defendants’ motion to dismiss, which will induce more plaintiff lawyers to bring more cases. What happens at the end of these lawsuits remains to be seen.
Already, lawsuits involving AI-generated works have been filed in federal courts from coast to coast. This free database provides public records of lawsuits in federal trial and appellate courts. A pending lawsuit in the U.S. If it does not grant either motion, the lawsuit will continue toward trial. In Andersen v.
I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive IntellectualProperty Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.
However, independent designers are accusing Shein of something much more sinister: systematic and rampant intellectualproperty theft amounting to racketeering. We will vigorously defend ourselves against this lawsuit and any claims that are without merit.” Shein is no stranger to lawsuits. What’s Next?
I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive IntellectualProperty Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.
First, NYT alleged that the defendants engaged in copying substantial NYT content when building their Large Language Models. ” Defendants are accused of such “copying” without permission or payment. It remains unclear whether this is a timely response to the lawsuit. 102 subject matter.
In the Sid Avery lawsuit, Pixels ultimately won at trial that it was not sufficiently vertically integrated for copyright purposes, so we’ll see if the judge’s tone changes on summary judgment. .” March 1, 2024) Related posts * Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v. Implications.
This could be because they need to serve a lawsuit, find an heir, or ask the person questions related to a case. To Monitor IntellectualProperty If a client has significant interests in their intellectualproperty (IP), they may call upon their legal team to ensure their IP is not violated.
A 25-person legal technology company in California is fighting back against one of the world’s largest law firms in a lawsuit over ownership rights to legislation-drafting software that each side says was its idea. Attorneys at Akin Gump declined to discuss the lawsuit. In its answer and counterclaim filed Nov.
16] Companies accomplish this by first suing generic-manufacturing companies for patent infringement, and then settling the lawsuit by paying them to stay out of the market in what is known as a reverse-payment settlement. [17] 19] The lawsuit ended in a settlement with Gilead agreeing to pay Teva, the supposed infringer, $1.5
Neither Time nor BuzzFeed was named as a defendant. To be clear, the plain language of the Copyright Act requires that the defendant must display a “copy” of the image; but it does not say that the “copy” must necessarily be in the defendant’s possession.] 2021), for example, the defendant purchased a website from another party.
It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. In ML Genius, the defendant that sought to maintain access to online data prevailed. Three courts of appeals have answered “no.”
This brings up a myriad of intellectualproperty concerns. Getty, an image licensing service, has brought a lawsuit against the creators of art-generating AI “Stable Diffusion” in a US federal court, alleging that the tool unlawfully copied and processed millions of images, violating its copyright in the images.
We’ll explore the potential impacts of ChatGPT not only on everyday life, but also on the legal industry, education, intellectualproperty law, geopolitics, and more. So all you’ve got is a lawsuit. Could a nonhuman have intellectualproperty rights? Eric] 02:34 Welcome, Chris. You know, did?
As the lawyer, you will have to defend such individuals. The responsibilities of civil lawyers include: Preparing legal documents and files for client Filing a lawsuit in the court Defending client in the court Corporate Law As the name suggests, it is about everything corporate and business.
As a civil rights lawyer, you’ll help defend individuals who have had their rights violated. Responsibilities include: Preparing legal documents Filing lawsuits Arguing cases in court Commercial law Commercial law is a practice area that governs legal issues related to business activities and transactions.
The Road Not Taken At this point, no lawsuit had been filed; and the dispute probably could have been, and certainly should have been, easily resolved. In April 2017, it filed a lawsuit against Goldsmith and her agency (now known as Lynn Goldsmith, Ltd., She contacted AWF and advised it that the illustration infringed her copyright.
In its June 8, 2023 opinion written by Justice Kagan, a unanimous Court declined to decide whether it is ever appropriate to apply the Rogers test—or any threshold First Amendment filter—in a trademark infringement lawsuit before allowing the case to “proceed to the Lanham Act’s likelihood-of-confusion inquiry.” Redbubble, Inc. ,
This post covers two more rulings this week involving anti-TikTok efforts: Montana’s TikTok ban and Indiana’s consumer protection lawsuit against TikTok. The court dismisses the lawsuit both on procedural and substantive grounds. Those efforts all failed in court (see links at the bottom of this post).
Zaful could bring individual lawsuits against each merchant (a point the court makes), or it may be able to use the DMCA notice-and-takedown system to target those photos and avoid court altogether. (Longtime readers know how I feel about copyright enforcement of product shots ). The SAD Scheme seems particularly unnecessary here.
[This blog post covers two decisions in the same lawsuit: the ruling on X’s initial motion to dismiss from September, which apparently never triggered my Westlaw or Lexis alerts, and then a ruling on X’s motion to dismiss the amended complaint that the court issued this week. The ICS/ICP Distinction. 24-cv-03553-WHO (N.D.
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