Much legal discussion about artificial intelligence (AI) focuses on whether using unauthorized content to teach AI is transformative, and therefore, not infringement, or the rights and liabilities of AI-created content. What is not often mentioned is the interplay between the development of sophisticated prompts and intellectual property rights.

Sophisticated prompts are complicated instructions provided to

Nancy Del Pizzo and Jaana Singh wrote, “Federal Court Rejects Privilege Assertion for AI-Generated Research,” for the American Bar Association, Litigation Section Intellectual Property Litigation Committee newsletter.

The article examines a recent ruling from the United States District Court for the Southern District of New York, highlighting how the use of consumer AI tools in legal

The adage that “it is better to ask for forgiveness than permission” does not apply to trademark law. This is especially true where receiving forgiveness may be conditioned by paying substantial sums of money to brand owners whose trademark rights are violated.

To that end, a recent verdict by a Pennsylvania jury in

Selling goods or services online can be a challenge, as there are various legal issues to consider. Here are my top 10 recommendations for protecting your rights when using the internet as a tool for sales or licenses:

1. If you are selling an original work of authorship or using one to promote or advertise

Most people know that patents require absolute novelty, but how is that determined? It’s determined on the basis of “prior art,” that is, patents and other disclosures (journal articles, presentations, websites) that were made prior to the filing date of the patent. In some instances, these dates can be tricky and open to dispute.

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC), issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all industries.

Existing non-compete agreements for employees will become unenforceable. Existing non-competes for senior executives can remain in force, but employers

Michael Cannata, Frank Misiti and Mohammed Haque published the article, “Just How Long is the Long Arm of the Law? The Supreme Court Takes on the Extraterritorial Application of the Lanham Act,” in the Fall 2023 issue of USLAW Magazine.

Click here to read the article.

Steven Shapiro and Marc Ullman wrote the article, “What Dietary Supplement Companies Can Do to Address Potential Counterfeiting of Their Products,” for the August 2023 issue of Nutrition Industry Executive.

The article explains how counterfeit products are going mainstream by moving to legitimate websites. It details how two dietary supplement companies determined that a fraudsters were

In its August 2023 issue, Vitamin Retailer published Marc Ullman’s article, “Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore.”

The article explains how counterfeiters have entered the dietary supplements market and how their products have been able to proliferate. It also offers some advice on how consumers and retailers alike can protect themselves

The party is on in Lynchburg, Tennessee this weekend. In a unanimous decision authored by Justice Kagan, the Supreme Court held that the threshold First Amendment protections afforded by the “Rogers Test” do not apply where an alleged infringer uses a mark as a designation of source for the infringer’s own goods. In doing so,