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:

Practical Takeaways From Federal Circuit Ruling in Trade Secret Dispute 

Consider writing about:

The Federal Circuit’s May 28 ruling in Insulet Corp. v. EOFlow Co.; basis for the overturning of a $59 million damages award; what this ruling potentially means for legal actions taken under the Defend Trade Secrets Act; additional practical guidance regarding protection of intellectual property, especially in the context of potential hazards involving former employees.

Related information:

https://www.cafc.uscourts.gov/opinions-orders/25-1807.OPINION.5-28-2026_2700697.pdf

Influencer Sues Lingerie Company Over Alleged Use of Deepfake Image 

Consider writing about:

A lifestyle influencer’s lawsuit against a lingerie company over its alleged AI-generated deepfake image of her; key allegations against the company; what this lawsuit demonstrates regarding potential pitfalls for either companies or individual influencers with whom they partner; how companies and individuals should be thinking about contract terms and related business objectives in our AI era.

Related information:

https://news.bloomberglaw.com/ip-law/influencer-sues-underwear-company-empowered-by-you-over-deepfake

Colbert’s Use of Peanuts Song Serves Up Comedic Reminder About Licensing Agreements 

Consider writing about:

A music-related gag on the final episode of The Late Show. Although deliberately played for laughs, this headline-generating maneuver could still serve as a useful reminder regarding IP protections involving music and the need for valid licensing agreements. How can rights holders protect their interests in these sorts of cases, and when do infringers sometimes cross a line (either knowingly or unknowingly)?

Related information:

https://www.hollywoodreporter.com/music/film-tv-music-news/cbs-licensing-deal-stephen-colbert-peanuts-late-show-1236623378

Takeaways From U.S. Trade Representative Report on IP Protection 

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A report recently released by the Office of the United States Trade Representative regarding U.S. trading partners’ protection and enforcement of intellectual property rights; key findings noted in the report; related investigations into specific countries’ actions as a follow-up to the report findings; practical takeaways from the report as regarding possible threats to companies’ IP rights and what they should be alert to.

Related information:

https://ustr.gov/about/policy-offices/press-office/press-releases/2026/april/ustr-releases-2026-special-301-report-intellectual-property-protection-and-enforcement

USPTO at the Midyear Point: What Stands Out? 

Consider writing about:

A midyear review in the weeks ahead, looking at significant actions by the United States Patent and Trademark Office for the first half of 2026. What stands out to you, whether in terms of individual USPTO actions or continuing or emerging trends involving the USPTO? What should IP owners or practitioners be paying attention to right now?

Congressional Legislation Takes Aim at China’s Patent Activity 

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Recently introduced congressional legislation that would bar entities on federal national security watchlists from obtaining or enforcing U.S. patents; what to know about the Prohibiting Adversarial Patents Act of 2026 and the Foreign Adversary Patent Disclosure Act, the legislation’s status, and prospects for passage; what this legislation could mean for IP rights and the patent system; potential risk of retaliation by China or other countries.

Related information:

https://chinaselectcommittee.house.gov/media/press-releases/moolenaar-fitzgerald-and-issa-introduce-legislation-to-prohibit-adversarial-chinese-patents

How Not to Fumble Marketing Practices in the Run-Up to the World Cup 

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Marketing-related do’s and don’ts in the run-up to the World Cup and during the matches; intellectual property reminders, practical pointers, or clarifications regarding any common misunderstandings or missteps regarding the use of particular phrases or other actions; possible cautionary tales or other applicable IP lessons from past World Cups or other major sporting events.

What’s Happening With Right-to-Repair Issues? 

Consider writing about:

Your choice of recent or otherwise significant developments on the “right to repair” front, such as noteworthy settlements, FTC actions, congressional measures, state legislation, or other matters of note. What stands out to you about recent developments? Are significant trends emerging across jurisdictions? What else should the business community know about “right to repair” disputes or other developments, and how should businesses be thinking about their their IP rights and priorities amid continuing interest in “right to repair” issues?

What to Know About the U.S. International Trade Commission 

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The U.S. International Trade Commission; its functions, jurisdiction, and powers; its role in infringement investigations; any recent noteworthy ITC actions; advantages of pursuing remedies via the ITC; practical tips on navigating the ITC and its processes.

Is Trademark Law ‘Taylor’ Made for Pop Star’s Purposes? 

Consider writing about:

Trademark applications recently filed by pop star Taylor Swift; what to know about this legal avenue for potentially protecting one’s voice and likeness; likelihood of securing trademark protection for these purposes; how this type of IP protection would compare to other potential legal protections for a voice or likeness; how to think about multi-layered IP protections for a particular purpose; technological or legal trends or gaps that may be spurring evolving utilizations of trademark law.

Practical Takeaways From USPTO Guidance on Patent Protection for Digital Works 

Consider writing about:

Supplemental guidance issued by the U.S. Patent and Trademark Office on March 13; what the USPTO’s action means for design patent protection for digital works; efective date of the new guidance; how companies should be responding to this USPTO guidance to maximize the IP protections available to them.

Related information:

https://www.federalregister.gov/documents/2026/03/13/2026-04987/supplemental-guidance-for-examination-of-design-patent-applications-related-to-computer-generated

What IP Lessons Does Graffiti Art Hold? 

Consider writing about:

Noteworthy legal disputes involving the use of graffiti artists’ works. How have these cases evolved, in terms of claims, counter-arguments, outcomes, or other significant points? Have graffiti artists gained stronger rights over their works over the years? What should someone know before assuming that all or part of a graffiti work can be repurposed for commercial use downstream?

How AI Transparency Requirements Are Raising Trade Secret Concerns 

Consider writing about:

How evolving disclosure requirements in the United States and Europe are raising trade secret concerns among AI-related companies; significant laws or proposals mandating disclosure of information related to AI training data; how legal challenges to these requirements have fared; how companies can best respond to these types of disclosure requirements without compromising their intellectual property.

Implications of Final USPTO Rule for Foreign Patent Owners and Applicants 

Consider writing about:

A final rule issued by the U.S. Patent and Trademark Office on March 20; what the rule means for foreign patent owners, applicants, and inventors; reason for the rule change; when it goes into effect, and whether it applies retroactively; additional compliance details or potential pitfalls to avoid.

Related information:

https://www.federalregister.gov/documents/2026/03/20/2026-05564/required-use-by-foreign-applicants-and-patent-owners-of-a-patent-practitioner

Get Acquainted With the EU Design Act 

Consider writing about:

The EU Design Act; its origns, intent, and significant impacts to date; key compliance matters that affected individuals or entities need to be aware of; what to know about a new phase of the Act scheduled to come into effect in July of this year.

Implications of U.S. Supreme Court’s Cox Communications Ruling 

Consider writing about:

The U.S. Supreme Court ruling in Cox Communications, Inc. v. Sony Music Entertainment; key points in the high court’s ruling; what the ruling means for internet service providers, content creators, and platforms hosting user-generated content; and, additionally, what the ruling’s potential implications are for cases involving the Digital Millennium Copyright Act or secondary copyright liability.

Related information:

https://www.supremecourt.gov/opinions/25pdf/24-171_bq7d.pdf

Who Owns the Rights to Employee Inventions? 

Consider writing about:

Intellectual property rights involving employee inventions; the importance of written contracts defining ownership rights; what happens in the absence of a contract; how the law on these points may differ from one country to the next (or even within one country); potentially significant factors regarding whether company property or location or on-the-clock work hours were used in the creation of a given invention; any recent rulings of note regarding employee inventions; practical pointers on the handling of IP ownership disputes over employee inventions.

What’s Happening at the EU’s Unified Patent Court? 

Consider writing about:

Noteworthy rulings by the European Union’s Unified Patent Court, either over the course of last year or during the first quarter of 2026. What stands out to you about recent rulings by this court? Also, did any significant trends involving the Unified Patent Court emerge in 2025, and, if so, how might those trends continue to play out this year? What should practitioners and their clients be watching for from the Unified Patent Court this year?

How Congressional Legislation Could Affect IP Disputes Over AI Training 

Consider writing about:

The Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act; HR 7209’s history and intent; how this legislation could impact copyright holders and AI developers; the legislation’s current status and prospects for passage; what else Congress may be considering, or may have already done, regarding concerns over AI’s impact on intellectual property rights.

Related information:

https://www.congress.gov/bill/119th-congress/house-bill/7209/text

Major Publishers Read Anna’s Archive the Riot Act 

Consider writing about:

Major book publishers’ copyright lawsuit against “shadow library” Anna’s Archive; key claims in the lawsuit; what to know about the background of Anna’s Archive and other “shadow libraries” and how they operate; any relevant comparisons between the lawsuit against Anna’s Archive and other lawsuits over the years against free-access online collections of published works.

Related information:

https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/99880-publishers-charge-anna-s-archive-with-copyright-infringement.html

How States Are Addressing Concerns Over Spread of Deepfakes 

Consider writing about:

How state legislators (nationally or in the region of your choice) are tackling the persistent problem of deepfakes; how deepfakes have evolved over recent years; challenges in combating deepfakes; whether the state laws are confined to sexually explicit images or are casting a wider net to include deepfakes of various types; potential liability for individuals or companies; intellectual property rights and protections that arise in relation to deepfakes.

Related information:

https://www.nbcrightnow.com/news/washington-deepfake-law-signed-by-gov-ferguson-to-protect-identity-rights/article_7feb099b-cb55-4d5f-9ed4-353c4b95de5c.html

https://www.kansascity.com/news/state/missouri/article314810581.html

The Doctrine of Foreign Equivalents: What to Understand 

Consider writing about:

The doctrine of foreign equivalents; what it consists of; how companies can get tripped up by this doctrine; any interesting cases that may offer practical takeaways on how to prevail in a dispute over foreign equivalents (or how to head one off).

Pa. Jury Slaps Comcast With $240M Infringement Verdict 

Consider writing about:

A recent $240 million jury verdict against Comcast over voice recognition technology; what to know about Promptu Systems’ lawsuit against Comcast; related trends involving the evolution of voice recognition technology, and any noteworthy IP disputes involving other companies’ voice recognition work.

Parodies, IP Rights, and Risks 

Consider writing about:

Parodies and intellectual property law; how parodies are protected under the law; when a parody risks crossing a legal line into infringement; any significant cases that illustrate these points; practical guidance on protecting one’s IP rights when a parody is involved.

AI-Assisted Inventions and IP Rights: What to Know 

Consider writing about:

AI-assisted inventions; the latest guidance from courts or other IP authorities on human “vs.” AI inventor roles, recognition, and requirements; how the guidance may vary from one jurisdiction to another; how best to protect one’s IP rights when using AI systems.

Related information:

https://www.uspto.gov/subscription-center/2025/revised-inventorship-guidance-ai-assisted-inventions

https://public-inspection.federalregister.gov/2025-21457.pdf

Public Domain Day Opens the Door to More Works (and Potential Risks) 

Consider writing about:

What to know about Public Domain Day and its significance; the annual expiration of copyrights; what it means for a work to enter the public domain; notable works that joined that list as of Jan. 1, 2026; common misconceptions or potential pitfalls regarding the use of works that are in the public domain.

Cross-Border Considerations Involving IP Protection [Ongoing] 

Consider writing about:

Cross-border concerns that arise in conjunction with intellectual property protection; what to consider regarding filing strategies, relevant patent authorities, courts, international treaties, prevailing law, and more.

Federal Appeals Court Sides With YouTube in Infringement Case 

Consider writing about:

A recent 11th Circuit ruling in YouTube’s favor in a copyright infringement dispute; key issues at stake in this case; how the federal appeals court interpreted YouTube’s obligations under the Digital Millennium Copyright Act; additional guidance for content creators and online platforms regarding their respective rights, duties, and options as they relate to the DMCA.

Related information:

https://media.ca11.uscourts.gov/opinions/pub/files/202313156.pdf

What to Know About the Visual Artists Copyright Reform Act 

Consider writing about:

The Visual Artists Copyright Reform Act; issues this Senate bill addresses; what the measure aims to accomplish; how copyright-related processes would change if the bill is approved; potential timeline for implementation of changes; prospects for the Act’s passage.

Related information:

https://www.blackburn.senate.gov/2025/12/general/blackburn-welch-introduce-legislation-to-empower-visual-artists-to-protect-their-work

New York Takes Action Regarding Digital Replicas 

Consider writing about:

A measure signed into law by New York’s governor last month; what the measure means for the post-mortem use of an individual’s name, image, or likeness; when new restrictions go into effect in New York; whether other states are implementing or considering similar restrictions on the use of digital replicas; what else companies should know about the New York law and any related trends.

Related information:

https://www.governor.ny.gov/news/governor-hochul-signs-legislation-protect-consumers-and-boost-ai-transparency-film-industry