Intellectual Property Trending Topics

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:

2 Live Crew Scores a Win in Copyright Battle 

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

U.S. Copyright Office Serves Up DMCA Exemption 

Consider writing about:

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

Implications of Ruling in False Patent Marking Case 

Consider writing about:

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

Checking In With the EU’s Unified Patent Court 

Consider writing about:

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?

Trademark Lessons From the Remaking of a Popular Magazine 

Consider writing about:

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

Federal Judge Nixes Former Congressmember’s Copyright Suit Over TV Show’s Prank Videos 

Consider writing about:

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

https://apnews.com/article/george-santos-jimmy-kimmel-copyright-lawsuit-41e1c2951945e11c069a41f9ea62281d

Demure, Mindful, and on a Trademark Quest 

Consider writing about:

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

Musicians Singing the Blues Over Unauthorized Use of Songs on Campaign Trail 

Consider writing about:

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

Second Circuit Finds Digital Library System Violates Copyright Law 

Consider writing about:

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.

Related information:

https://ww3.ca2.uscourts.gov/decisions/isysquery/c460d14d-80bf-4e45-8ca5-75f8f370e423/7/doc/23-1260_opn.pdf#xml=https://ww3.ca2.uscourts.gov/decisions/isysquery/c460d14d-80bf-4e45-8ca5-75f8f370e423/7/hilite/

How to Address Insider Threats to Intellectual Property [Ongoing] 

Consider writing about:

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.

Invention Assignment Agreements: A Tool Worth Revisiting [Ongoing] 

Consider writing about:

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.

How (and Why) to Conduct an IP Audit [Ongoing] 

Consider writing about:

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.

IP Issues in Franchising [Ongoing] 

Consider writing about:

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.

Visual Artists Get Go-Ahead on Copyright Claims Against AI Companies 

Consider writing about:

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.

Related information:

https://www.theverge.com/2024/8/13/24219520/stability-midjourney-artist-lawsuit-copyright-trademark-claims-approved

U.S. Copyright Office Urges Action Regarding Digital Replicas 

Consider writing about:

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.

Related information:

https://www.copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-1-Digital-Replicas-Report.pdf

Data-Scraping Developments or Trends Worth Noting 

Consider writing about:

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.

What to Know About Latest USPTO Guidance Regarding AI Inventions 

Consider writing about:

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

Right-to-Repair Developments Worth Knowing About 

Consider writing about:

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

Verizon Hit With $2B Lawsuit Over Copyright Infringement 

Consider writing about:

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.

Related information:

https://www.hollywoodreporter.com/business/business-news/verizon-hit-2-6b-anti-piracy-lawsuit-major-labels-1235949154

Federal Appeals Court Gives Boost to DTSA 

Consider writing about:

The 7th Circuit’s July 2 ruling in Motorola Solutions v. Hytera Communications; background to the intellectual property dispute in this case; the federal appeals court ruling’s implications for future legal claims under the Defend Trade Secrets Act; any additional practical takeaways from the 7th Circuit’s decision.

Related information:

https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2024/D07-02/C:22-2413:J:Hamilton:aut:T:fnOp:N:3230788:S:0

https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2024/D07-02/C:22-2370:J:Hamilton:aut:T:fnOp:N:3230787:S:0

Know the IP Do’s and Don’ts of Social Media Accounts 

Consider writing about:

A legal dispute between dressmaker JLM Couture and influencer-designer Hayley Paige; what this case illustrates regarding potential pitfalls involving branding, social media accounts, and noncompete agreements; practical guidance for other companies or individuals regarding terms of their business relationships and regarding ownership of social media accounts.

Related information:

https://www.reuters.com/legal/litigation/wedding-dress-makers-hayley-paige-jlm-settle-lawsuit-over-breakup-2024-05-28

What to Know About Federal Circuit’s Ruling in Beteiro v. DraftKings 

Consider writing about:

The Federal Circuit’s precedential ruling in Beteiro v. DraftKings; basis for the court’s ruling; potential implications for the gaming industry and, more broadly, for other patent litigation.

Related information:

https://cafc.uscourts.gov/opinions-orders/22-2275.OPINION.6-21-2024_2337276.pdf

What to Know About the U.S. Supreme Court’s ‘Trump Too Small’ Trademark Ruling 

Consider writing about:

A recent U.S. Supreme Court ruling that denied a California man his plan to trademark the phrase “Trump too small;” your impressions of the narrowness of the ruling and its implications; what stands out to you about the concurrences in this case; what else to know about the Lanham Act’s names clause.

Related information:

https://www.supremecourt.gov/opinions/23pdf/22-704_4246.pdf

https://apnews.com/article/supreme-court-trademark-dispute-trump-084289de2aee421419422aa04137c327

Involvement With Massive Streaming Service Brings Copyright Convictions 

Consider writing about:

Last week’s conviction of five men of conspiracy to commit criminal copyright infringement, stemming from their involvement with an unauthorized, multimillion-dollar streaming service; how the Jetflicks company pirated the content that they charged subscribers for; how companies can protect their intellectual property from this type of threat; related enforcement trends involving digital privacy.

Related information:

https://www.justice.gov/opa/pr/five-men-convicted-operating-major-illegal-streaming-service

https://variety.com/2024/digital/news/five-men-convicted-jetflicks-illegal-streaming-service-1236044194

https://www.theverge.com/2024/6/21/24183100/jetflicks-conviction-netflix-clone-doj-piracy

IP Issues, Opportunities That May Occur With a Bankruptcy [Ongoing] 

Consider writing about:

Intellectual property considerations that can arise in connection with a bankruptcy; IP-related issues a business owner should address prior to filing for bankruptcy; key processes, rights, or related options to know about; how the treatment of IP rights can vary according to the type of bankruptcy undertaken; insights from either a filer’s or a creditor’s perspective on protecting or claiming assets; business opportunities for other parties looking to leverage the intellectual property of a business that has undergone a bankruptcy.

Related information:

https://www.npr.org/2023/11/02/1209684529/retail-bankruptcy-authentic-brands-forever-21-shaq-reebok

Judge Dismisses Lawsuit Over Data Used to Train Google’s AI Systems 

Consider writing about:

A federal judge’s dismissal of a proposed class action over Google’s use of personal and copyrighted data to train AI systems; reasons for the judge’s action; any practical takeaways from this case; and a broader look at how copyright litigation against tech companies over their AI development work is trending.

Related information:

https://www.reuters.com/legal/transactional/google-defeats-class-action-over-ai-training-data-now-2024-06-06

Henrietta Lacks’ Estate Presses Claims Over Cell Line 

Consider writing about:

The latest legal developments involving cells taken from Henrietta Lacks’ body in the 1950s; how her cell line has been used over the years; what to know about related patents; legal claims being made by Lacks’ estate; related damages being sought; what researchers, biopharmaceutical companies, individual patients or their heirs should know about relevant intellectual property laws, rights, or protections that may apply to the use of patients’ cell tissue.

Related information:

https://www.reuters.com/legal/litigation/ultragenyx-must-face-henrietta-lacks-family-lawsuit-over-hela-cell-profits-2024-05-20

https://news.bloomberglaw.com/litigation/henrietta-lacks-family-can-advance-ultragenyx-cell-use-suit

Did McDonald’s Lay an Egg Over Chicken Burger Trademark? 

Consider writing about:

A European court’s ruling in an intellectual property dispute between fast-food giant McDonald’s and the Irish business Supermac’s; what the ruling means for McDonald’s use of the Big Mac trademark in Europe; what the court’s decision may illustrate regarding the reach of trademark protections, best practices for preserving one’s trademark rights, or, conversely, potential missteps on the part of trademark owners or openings for challenges lodged by would-be competitors.

Related information:

https://www.bbc.com/news/articles/cp00jj7ze3qo

https://www.reuters.com/business/retail-consumer/no-more-chicken-big-macs-eu-court-rules-against-mcdonalds-trademark-case-2024-06-05