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Intellectual Property

The New York Times vs. OpenAI: AI’s Impact on Copyright and Traditional Media

by Clyde E. Findley | February 27, 2024 | Intellectual Property

The New York Times vs. OpenAI copyright lawsuit has the potential to be a litmus test to measure how AI advancements could affect traditional media and established intellectual property regulations. As the case moves through the courts, it may raise more questions than answers, given the…

The Human Requirement: AI Alone Cannot Claim Copyright for Its Creations

by Clyde E. Findley | August 29, 2023 | Intellectual Property

The meteoric rise of artificial intelligence is making an impact across the legal landscape, as courts grapple with how to handle AI matters while the technology’s development outpaces the courts’ rulemaking procedures. Specifically in the realm of copyright law, AI has been at the forefront of many questions, challenging everything…

The Crucial Role Inventors Play in IP Patents

by Clyde E. Findley | June 1, 2023 | Intellectual Property

Joint inventorship can be a thorny issue and getting it wrong can result in a patent being invalidated. Contrary to what you might expect, it is not that hard to get inventorship wrong. The inventorship mistake often happens for the simple reason that a patent attorney must rely on inventors…

Patent Law Should Permit AI Systems to Be Inventors

by Clyde E. Findley | September 14, 2022 | Intellectual Property

This is a continuation of a blog I wrote in February 2020. At that time, no United States court had directly ruled on whether an artificial intelligence system could be an inventor. Now they have, and it’s time to update the story. Recent Court Decisions: An Inventor…

Work for Hire Agreements Require Due Diligence

by Clyde E. Findley | February 11, 2022 | Intellectual Property

If you want to hire someone to create a work of art that might be protected by copyright laws (for example, a logo, an advertising piece, or even a photograph), you should make sure the person you want to hire is not already encumbered by another contract. This blog explains…

A Well-Known Published Document Can Still Be a Trade Secret. Wait, What?

by Clyde E. Findley | January 31, 2022 | Intellectual Property

If a trade secret is published by a third party – especially if it was published long ago – it is public knowledge and cannot be claimed as a trade secret. Right? Well, as it turns out, life is not as simple as we would like. And sometimes, an interesting…

If You Have a New Trademark, Watch Out for Scams!

On Behalf of Berenzweig Leonard, LLP | July 13, 2020 | Intellectual Property

If you submit a new trademark application or if you include your email address on a prior trademark application, there is a good chance you will be scammed. Here is what to look for. The scam usually looks like an official invoice sent to your email address. The invoice will…

Domain Names Can Be Trademarked

On Behalf of Berenzweig Leonard, LLP | July 10, 2020 | Intellectual Property

United States Patent & Trademark Office v. Booking.com B.V., ___ U.S. ___, 2020 WL 3518365, No. 19-46 (June 30, 2020) by Clyde Findley and Amber Orr | Intellectual Property |  We used to question whether generic Internet domain names could be trademarked. Now, thanks to Booking.com’s unwillingness…

Should Patent Law Permit AI Systems to be Inventors?

by Clyde E. Findley | February 3, 2020 | Intellectual Property

It’s starting to happen. Artificial intelligence (“AI”) systems have become smart enough to create new inventions. Two recent examples of AI-authored inventions were produced by a system called “Device for the Autonomous Bootstrapping of Unified Sentience” or simply “DABUS.” According to Dr. Stephen Thaler, who developed it, DABUS is a…

Winter Solstice Puzzle

by Clyde E. Findley | January 6, 2020 | Intellectual Property

(This blog post is just a holiday interest story. It does not concern anything legal.) The winter solstice – the shortest day of the year – usually occurs on December 21st. This is the day of the year when the northern hemisphere is tilted the farthest away from the Sun.