To help with your writing efforts, here’s what people are looking for in IP Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Consider writing about:
Patent reform measures coming before Congress; what to know about the intent, status, and prospects for passage of the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act and the Patent Eligibility Restoration Act (PERA). Who stands to gain or lose if these measures cross the finish line?
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Your choice of three or more key intellectual property developments or trends from 2024, and why you think they’re especially significant. Decide whether to focus on a particular court or other entity, region, or subset of intellectual property, or whether to take a wider-angle approach to the topic.
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A November ruling by the UK Supreme Court in a trademark dispute; underlying issues in the dispute between software company Skykick and media giant Sky; what the ruling could mean for trademark application practices, claims of bad faith, and related business and legal strategies.
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Recently introduced Senate legislation involving artificial intelligence and intellectual property; intent of the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act; the TRAIN Act’s potential implications for copyright holders and for participants in the AI sector; the legislation’s prospects for passage; what else Congress is considering, or has done, regarding concerns over AI’s impact on intellectual property rights.
Related information:
https://www.nbcnews.com/tech/senate-bill-transparency-ai-developers-rcna181724
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A recent ruling by the European Court of Justice in a long-running dispute involving Sony PlayStation games; key points in the EU high court’s decision; how much of an impact the ruling could have on the gaming industry overall or on other industries.
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A treaty approved in November by members of the World Intellectual Property Organization; purpose of the Riyadh Design Law Treaty; what the treaty could mean for intellectual property rights and protections.
Related information:
https://www.wipo.int/pressroom/en/articles/2024/article_0017.html
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A recently released report from the World Intellectual Property Organization regarding global patenting activity; findings regarding the growth and volume of patent filings, their countries of origin, and what these trends could portend for future IP rights and economic activity.
Related information:
https://www.wipo.int/pressroom/en/articles/2024/article_0015.html
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The copyright battle over the Mariah Carey hit song “All I Want for Christmas Is You.” In time for the holidays, consider filling in your readers on the background to this dispute and updating them on any recent noteworthy developments in the case. (Alternatively or additionally, consider whether to do a wider-ranging look at IP disputes over the years involving various holiday-themed songs, and any recurring issues on which these types of disputes tend to hinge.)
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Your choice of interesting recent developments at the intersection of intellectual property and artificial intelligence (in the jurisdiction of your choice). Take your pick of rulings, litigation, regulatory guidance, or other matters involving IP and AI, with information on any emerging or accelerating trends, and added guidance as to how individuals or business entities can best protect their assets in this evolving landscape.
Consider writing about:
A jury victory in favor of hip hop group 2 Live Crew; what to know about the copyright case at issue here, copyright termination right, and a bankruptcy filing’s impact on intellectual property rights; the verdict’s practical implications for intellectual property rights.
Related information:
https://apnews.com/article/2-live-crew-hip-hop-copyright-ruling-9315d65fd99be7bee20c9c361eb3af72
https://www.billboard.com/pro/2-live-crew-jury-verdict-retake-catalog-rights-from-lil-joe-records
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An exemption recently released by the U.S. Copyright Office involving the Digital Millennium Copyright Act; whom the exemption applies to; trends involving the “right to repair” movement, and their implications for manufacturers, business customers, end users, and others.
Related information:
https://uk.news.yahoo.com/more-mcflurrys-us-copyright-office-190006961.html
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An Oct. 24 ruling by the Court of Justice of the European Union; key points in the CJEU’s Kwantum v. Vitra decision; what the ruling means for copyright protection for works of applied art.
Related information:
https://curia.europa.eu/jcms/upload/docs/application/pdf/2024-10/cp240184en.pdf
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An Oct. 3 ruling by the Federal Circuit involving false patent marking claims; key issues in the underlying dispute between two footwear companies; the ruling’s practical implications for other companies’ branding strategies, advertising claims, and related legal risks.
Related information:
https://cafc.uscourts.gov/opinions-orders/22-2160.OPINION.10-3-2024_2395329.pdf
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Noteworthy developments involving the European Union’s Unified Patent Court. What actions taken by the court this year stand out to you? What practical guidance can you provide regarding the court’s performance and decisions so far and their implications for in-house or outside counsel or their clients?
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The second incarnation of George magazine, originally co-founded by John F. Kennedy Jr.; what the magazine’s current status and activities may illustrate regarding intellectual property law and issues that arise in connection with lapsed trademarks; what causes a trademark to lapse; related lessons and best practices involving trademark protection.
Related information:
https://www.nytimes.com/2024/10/13/us/jfk-jr-george-magazine.html
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A ruling in a copyright infringement lawsuit filed by former Rep. George Santos against late-night television host Jimmy Kimmel; basis for a federal judge’s ruling in this case; what the ruling demonstrates regarding fair use and transformative use.
Related information:
https://variety.com/2024/tv/news/george-santos-jimmy-kimmel-cameo-videos-lawsuit-1236111398
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A TikTok creator’s zoom to fame; how she’s run into challenges during her resulting journey into the world of intellectual property; what her experience may illustrate regarding trademark best practices; related business lessons or common misconceptions relating to social media influencers seeking to leverage their viral moments; what established brands should consider before deciding whether to partner with a social media influencer.
Related information:
https://apnews.com/article/demure-jools-lebron-trademark-67d661d0afa825bb939b15f4730f1295
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Recurring copyright infringement disputes over politicians’ use of songs without musicians’ consent; musicians’ rights in these sorts of instances; what political campaigns (or other enterprises) should keep in mind before using someone’s music before gaining permission; key challenges faced by musicians in these sorts of cases; potential recourse for musicians who want to retain control over the use of their material. Alternatively or additionally, consider using the campaign season disputes as a jumping-off point for a wider-angle examination of the legal issues involved and practical guidance for business owners, event planners, social media influencers, or other entities or individuals who may be tempted to use musicians’ material without an official go-ahead.
Related information:
https://www.billboard.com/lists/musicians-slam-donald-trump-music-campaign/beyonce-22
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A federal appeals court ruling regarding the Internet Archive’s digital library system; basis for the 2nd Circuit’s finding that the Internet Archive’s digital lending practices violated copyright law; what the ruling means for authors, publishers, the Archive’s role, going forward, and for other entities’ digital archives; potential related implications for the AI industry.
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The Patent Eligibility Restoration Act; its intent, status, and whom it will primarily affect; arguments that have been made for or against this legislation; its prospects for passage.
Related information:
https://www.congress.gov/bill/118th-congress/senate-bill/2140
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Insider threats (whether intentional or not) to businesses’ intellectual property. Consider offering practical pointers on how to guard against such threats beforehand or how to mitigate damage after the fact. Among the possible issues to explore in relation to IP protections and risks: hiring and training processes, employment agreements and other documentation, data security, employees’ use of personal or work-issued electronic devices, cyberthreats, remote-based work, employee departures, and hiring by competitors. Alternatively or additionally, decide whether to examine noteworthy court cases dealing with any of these issues, and offer practical takeaways on what other companies can learn from those cases.
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Invention assignment agreements; how they are commonly used; invention assignment agreements’ benefits and limitations; how the increase in remote-based work arrangements could be complicating the reach and effect of invention assignment agreements; practical guidance on reviewing and possibly updating or renegotiating pre-existing invention assignment agreements.
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Intellectual property audits; what they consist of; why and when they should be done; how to determine intellectual property’s value; who should head up an IP audit.
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Intellectual property issues that tend to arise in conjunction with franchise operations; common pitfalls to be aware of, on either side of the franchisee-franchisor relationship (or between franchisees and nearby business entities); best practices as regards negotiations, contracts, or other documentation; any recent or otherwise noteworthy disputes that might illustrate your points regarding trade secrets, trade dress, infringement claims, restrictive covenants, or other matters.
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This week’s ruling by a federal judge in a copyright infringement dispute involving training materials for AI systems; basis for, and significance of, this ruling; where this case goes from here; how this dispute compares to infringement claims in other lawsuits over AI companies’ use of others’ creations in their system training processes.
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A recent report from the U.S. Copyright Office, which sounds the alarm about digital replicas (often referred to as deepfakes); key concerns raised by the report; why current laws may not be sufficient to curb the proliferation of unauthorized digital replicas; actions that the Copyright Office is recommending be taken to combat the misuse of digital replicas; how individuals or businesses can minimize harms caused by deepfakes under current laws and available tech systems; and perhaps a comparison to how other countries are confronting this issue.
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Noteworthy legal cases involving data scraping or web scraping from websites; when these activities are covered under the Computer Fraud and Abuse Act; how the European Union’s General Data Protection Regulation may come into play in instances of data scraping; how the rise of artificial intelligence may be fueling a surge in data-scraping allegations or otherwise raising new or more complex issues in data-scraping cases; IP legal protections or remedies that may be available to businesses whose operations are allegedly harmed by incidents of data scraping.
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Recently issued guidance from the U.S. Patent and Trademark Office regarding the patentability of inventions that use artificial intelligence; how the latest guidance compares to the USPTO’s prior guidance regarding AI; practical implications for patent applicants.
Related information:
https://www.uspto.gov/about-us/news-updates/uspto-issues-ai-subject-matter-eligibility-guidance
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Your choice of recent or otherwise significant developments on the “right to repair” front, such as consumer lawsuits, actions by the Federal Trade Commission, or other accelerating or emerging enforcement trends, or new, expanded, or proposed state laws granting consumers the right to repair; what else the business community should know about “right to repair” trends and how to protect their intellectual property.
Related information:
https://www.ftc.gov/legal-library/browse/warning-letters/85790
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A $2.6 billion copyright infringement lawsuit filed against against Verizon by major record labels and others; key claims in the lawsuit; potential liability or legal protections on the part of Verizon; related legal trends involving online piracy; whether other battles over this issue may hold some clues as to how the lawsuit against Verizon could turn out.
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