American University Intellectual Property Brief

By. Breqlyne Johnson Eminem, or The Real Slim Shady, filed a trademark opposition against two stars in The Real Housewives of Potomac who have a hit podcast, “Reasonably Shady.” The stars, Bryant and Dixon, have been using this name since 2021 when their podcast launched but recently filed for federal recognition as a trademark. Eminem fears it will dilute his trademark and confuse customers who might assume the two marks are associated.

Interest in AI-generated art has increased in the past few months and this exposure has built a market that has raised concerns of the US Copyright Office and corporations to further test and determine the copyrightability of AI-generated art. The United States (“U.S.”) copyright system allows individuals, and corporations, to receive copyright protections for; original works, works of authorship, and fixed in a tangible form of expression.

By. Peyton Kreuscher Exploring the Ninth Circuit’s unprecedented broadening of the Rogers test as a heightened standard for determining trademark infringement of expressive work and the potential implications of Supreme Court review of VIP Products LLC v. Jack Daniel’s Properties, Inc. in March, 2023. On March 22, 2023, the United States Supreme Court heard oral arguments in VIP Products LLC v.

By. Julia Thayer Nonhuman authorship is becoming ubiquitous thanks to the rise of artificial intelligence language models like ChatGPT. Is it time for the U.S. Copyright Office to revisit the human author requirement, or is humanity an element of creativity so sacrosanct no court may question it? Monkey selfies, TikTok manga filters, and elephant art. What do these three things have in common? All are works of art produced by non-human entities.

The public display of simply a prototype of a patentable technology for marketing purposes, over a year prior to its patenting, is enough to rule that the technology is in public use, ready for patenting, and is thus invalid. Minerva Surgical Inc. filed a patent for a medical device called the Aurora. The Aurora is used in the procedure of endometrial ablation, a surgery that stops or reduces abnormal uterine bleeding.

The United States Court of Appeals for the Federal Circuit issues a precedential opinion that a Nebraska district court abused its discretion in granting a preliminary injunction against Lite-Netics, barring the holiday string lights patent owner from sharing with its customers that a competitor, Holiday Bright Lights, was infringing its patents. Lite-Netics owns multiple patents on holiday string lights with magnets used to attach the lights to surfaces such as roof edges.

Following a jury damages award of over $308 million based on patent infringement, a bench trial found the patent claim unenforceable due to a prosecution laches affirmative defense. This case examines a company’s strategy to misuse the patent system and afford patent protections for up to fifty years.

Tracie Siddiqui serves as a Practitioner-in-Residence at WCL's Glushko-Samuelson Intellectual Property Law Clinic. Previously, Tracie was an Attorney Advisor in the Intellectual Property Enforcement Branch at U.S. Customs and Border Protection, where she focused on anti-counterfeiting. She has also been Vice President and Senior Counsel for Global Intellectual Property at Marriott International and a senior...

published under Wikimedia Commons By: Jaspreet Momi Inequities in global access to intellectual property (IP) rights in public health patents are increasingly prevalent in today’s globalized economy. To work towards equitable global access to IP, the U.S. legislature must reconcile the capitalist interests of patent law with the disadvantages they pose to global communities with high barriers of access to IP.

By. Gustav Gulmert Real-time game updates are the lifeblood of sports betters and avid fans. However, sports leagues have limited third-party companies from reporting them. The circuits’ results have differed, and the Supreme Court or Congress should step in to set the record straight. Do you remember the excitement, or perhaps sorrow, that emerged from witnessing a home run, buzzer-beater, hole-in-one, or game-clinching touchdown?