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:
A precedential ruling issued by the Federal Circuit on April 18; key points in the court’s Recentive Analytics v. Fox Corp. decision; practical implications for future patent disputes involving machine learning; how other courts are treating machine learning within the IP context.
Related information:
https://www.cafc.uscourts.gov/opinions-orders/23-2437.OPINION.4-18-2025_2500790.pdf
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Key IP issues that startups commonly encounter, especially early in their lifetimes when they may be least prepared to deal with them, or intellectual property issues that are most apt to be overlooked or to otherwise trip up new businesses, first-time company founders, or fledgling entrepreneurs. What are some IP-related pitfalls to watch out for, and how can startups save themselves (before or after the fact) from IP-related missteps or oversights? What is a feasible game plan for new businesses that want to build a strong foundation for the protection and harnessing of their intellectual property?
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Name, image, and likeness legal trends. What interesting disputes, settlements, or other developments have you seen on this front so far this year? Additionally, how is the evolution of artificial intelligence affecting NIL concerns and priorities?
Related information:
https://www.kcci.com/article/ncaa-athlete-payment-rules/64552879
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A March 18 ruling by the D.C. Circuit regarding whether a work of art generated solely by artificial intelligence is entitled to U.S. copyright protection; basis for the appeals court’s decision; how this finding compares to that of other courts, whether in the United States or in foreign jurisdictions; practical implications of the D.C. Circuit ruling.
Related information:
https://media.cadc.uscourts.gov/opinions/docs/2025/03/23-5233.pdf
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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.
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The latest developments in news outlets’ challenge of OpenAI’s use of their data for training purposes; key issues and next steps in this case; how other disputes over AI companies’ use of external material for training their tools have performed, or are proceeding.
Related information:
https://www.npr.org/2025/03/26/nx-s1-5288157/new-york-times-openai-copyright-case-goes-forward
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The Federal Circuit’s March 5 ruling in a dispute over whether imported products violated Lashify’s patents; what to know about Section 337 complaints and the International Trade Commission’s ruling in this dispute; what the Federal Circuit’s ruling means for Lashify specifically and, more widely speaking, for companies seeking relief before the ITC.
Related information:
https://www.cafc.uscourts.gov/opinions-orders/23-1245.OPINION.3-5-2025_2476971.pdf
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A Feb. 25 ruling by the Court of Justice of the European Union; key points in the BSH Hausgeräte GmbH v. Electrolux AB ruling; the CJEU decision’s significance for intellectual property rights, IP litigation, and IP-related business strategies.
Related information:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62022CJ0339
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Developments in the EcoFactor v. Google case; the case’s history and central issues; what a Federal Circuit ruling in this case could mean for expert testimony and damages in patent cases.
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A recent ruling in a copyright dispute over the use of materials to train AI systems. In what way does this ruling mark a first? In addition to the precedent-setting nature of the ruling, what stands out to you about the court’s decision? What are the practical implications for copyright holders, AI developers, AI users, and others?
Related information:
https://apnews.com/article/ai-artificial-intelligence-reuters-4a127c5b7e8bb76c84499fe12ad643c8
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A precedential opinion issued by the Federal Circuit on Jan. 27; what the ruling means for Apple; the ruling’s implications for expired patents and for expert testimony; additional practical takeaways for other patent owners or practitioners.
Related information:
https://www.cafc.uscourts.gov/opinions-orders/23-1501.OPINION.1-27-2025_2457317.pdf
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Confirmed or likely nominees for top slots at the U.S. Patent and Trademark Office; what to know about their backgrounds, expertise, and likely choice of direction; key priorities or challenges that may lie ahead for the USPTO in the months or years ahead.
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What’s in store for the intellectual property landscape during the second Trump administration; potential impacts stemming from any or all of the following: leadership changes at the U.S. Patent and Trademark Office or U.S. Department of Commerce; remote-work vs. in-office work; shifts in international relations; drives to cut costs and/or streamline operations throughout government; what else rights holders, practitioners, and other participants (or would-be participants) in the IP system should keep in mind as Trump 2.0 gets underway.
Consider writing about:
Recent guidance from the U.S. Copyright Office regarding the coyrightability of work that is either AI-assisted or AI-generated; what determines copyrightability in those instances; where the dividing line or distinctions lie; additional practical implications for creators, patent practitioners, and others.
Related information:
https://copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-2-Copyrightability-Report.pdf
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A legal victory for a historic Black church; how control over the Proud Boys group’s trademark came to be awarded to the Metropolitan African Methodist Episcopal Church; what the D.C. Superior Court ruling means for the church and for the far-right organization; precedent for such a ruling; any additional practical takeaways from the ruling regarding trademark rights, whether specific to this case, or pertaining to the political landscape, or more broadly speaking.
Related information:
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The Federal Circuit’s Jan. 14 ruling in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd.; key points in the ruling; what the Federal Circuit’s decision means for the patent application or litigation process.
Related information:
https://cafc.uscourts.gov/opinions-orders/23-2346.OPINION.1-14-2025_2450365.pdf
Consider writing about:
A legal dispute between two lifestyle influencers over their online aesthetic; intellectual property issues that have arisen in this face-off over the so-called “sad beige” aesthetic; how this case compares to other disputes involving social media influencers; what other active or would-be influencers (and associated brands or partnership entities) should be watching for as the “sad beige” case proceeds.
Related information:
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The Federal Circuit’s December ruling in Teva v. Amneal; background to the case; who stands to gain or lose from the court’s decision; the ruling’s potential implications for the pharmaceutical industry.
Related information:
https://cafc.uscourts.gov/opinions-orders/24-1936.OPINION.12-20-2024_2439730.pdf
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?
Related information:
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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.
Related information:
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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.
Related information:
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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.)
Related information:
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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