2024 Articles

AI and Law: An Opportunity to Improve Legal Practice By Damien Riehl September 2024 Recent exponential leaps in advanced large language models have presented both opportunities and challenges that have the capacity to reshape the legal landscape.

Association Intellectual Property Law By Daniel Kegan June 2024 An overview of some of the legal issues that may impact associations.

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Bankruptcy Sale or Termination of Copyrights. Which One Rules? By Beverly A. Berneman & Victoria R. Lieberman March 2024 A battle between a record company and the members and heirs of a famous rap group is brewing in the Southern District of Florida. The primary issue is whether an author’s ability to terminate a transfer of rights under the Copyright Act is negated by a bankruptcy court order permitting a sale of the author’s works.

Become an Illinois Bar Foundation Champion By Jessica R. Durkin December 2024 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?

Can You Register a Country Name for Trademark? By Margo Lynn Hablutzel, J.D., LLM, CISSP December 2024 An explanation of why Sweden filed for a trademark registration in its name.

Congress Proposes Federal Right of Publicity Legislation Targeting Deep Fakes and Artificial Intelligence By Steven L. Baron & Charles Tortorice June 2024 Generative artificial intelligence, a new technology allowing the creation of content that blurs the line between reality and fiction, has sparked a host of intellectual property issues, particularly publicity rights.

Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence December 2024 This statement of policy describes how the Copyright Office applies copyright law's human authorship requirement to applications to register such works and provides guidance to applicants.

The Corporate Transparency Act: A New Era of Business Accountability By Nikhil A. Mehta March 2024 The Corporate Transparency Act, which aims to enhance transparency among business entities by combating illicit financial activities and bolstering efforts by the federal government to prevent money laundering and other financial crimes, went into effect on January 1.

Digital Deception: The U.S. Copyright Office Recommends Federal Legislation for Digital Replicas By Kristen D. Brooks September 2024 A look at the shortcomings of the current legal frameworks and the recommendations for new federal legislation relating to digital replicas.

Don’t Plan to Win, Plan to Avoid Litigation By Daniel Kegan March 2024 When contract negotiations seem stuck, it can be helpful to temporarily ignore the differing preferred provisions and reflect on the negotiation process and what might be causing the conflict.

Emerging Tools for Combating Deep Fakes By Beverly A. Berneman June 2024 As the technology evolves, so does the law. The law may lag behind the technology, but anyone using, publishing, or distributing generative artificial intelligence of a celebrity should be cautious.

The Ethical and Practical Realities of Maintaining Authorized Contacts for Clients By Matthew Benson September 2024 A discussion on why practitioners should establish procedures for authorized contacts.

From USPTO on TMScams September 2024 An example of a message from USPTO.

Intellectual Improbabilities™ By Daniel Kegan December 2024 Updates on trademarks, copyrights, patents, and much more.

Intellectual Improbabilities™ By Daniel Kegan September 2024 Updates on trademarks, copyrights, patents, and much more.

Intellectual Improbabilities™ By Daniel Kegan June 2024 An eclectic gathering of recent intellectual property developments.

Intellectual Improbabilities™ By Daniel Kegan March 2024 An eclectic gathering of recent intellectual property developments.

Intra-Third-Party Squabble Results in Sixth Circuit Opinion Applying Lanham Act to Political Marks By Jonathan Phillips December 2024 The United States Court of Appeals for the Sixth Circuit recently tackled a dispute whether a breakaway faction of Michigan's Libertarian Party could use the Libertarian National Committee's trademark and present themselves as the official Michigan affiliate. The court upheld a preliminary injunction barring it, generally, but allowed the breakaway to continue soliciting donations with the mark with its clear disclaimers which prevented consumer confusion.

Marching Forward: How NIH’s Proposed Framework Could Reshape the Bayh-Dole Act’s Use of March-in Rights By Anthony J. Wenn, Frank Brefo, & Sarah Dunkley June 2024 In December 2023, the National Institute of Standards and Technology released a draft framework that includes price as a factor for encorcing "march-in" rights under the Bayh-Dole Act. If implemented, this framework marks a significant policy shift, making it clear that the government can effectively recapture the exclusive rights of technology derived from federally funded research if the price of a product is deemed too high.

Much Ado About “Small” Things; SCOTUS Justices Unanimously Disagree Among Themselves on Trademark “History” By Phillip R. Van Ness September 2024 An analysis of the recent U.S. Supreme Court case, Vidal v. Elster.

NLRB Announces Most Expansive Definition of Joint Employment Yet, With Potential Significant Implications for Franchisors, Staffing Agencies and More By Caroline Burnett, JT Charron, William F. Dugan, Kimberly Franko, Autumn Sharp, & Will Woods March 2024 An overview of the new standard for "joint employer" status.

Read the Contract Before You Sign By David C. Brezina September 2024 A cautionary tale from four cases that remind practitioners to "read the contract."

USPTO Issues New Artificial Intelligence Guidelines for Practitioners By Kristen Brooks & Aaron Brooks June 2024 The U.S. Patent and Trademark Office recently issued its Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office.