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Intangible Asset
No Human, No Way: D.C. Federal Court Denies Copyright Protection for AI-Generated Art
“A Recent Entrance to Paradise”…
Continue Reading No Human, No Way: D.C. Federal Court Denies Copyright Protection for AI-Generated Art
“Click to Cancel”
How hard is it to just cancel? If you have found yourself pondering this question in a heat of frustration after seeing unexpected charges on your card following your latest subscription service or free trial period, you’re not alone. The FTC hears you and is taking action. So, retailers and sellers, heed to the consumers’…
Can an NFT Be a Security? The Dapper Labs Decision Provides a Cautionary Tale
We have previously discussed the thorny intellectual property implications of non-fungible tokens (“NFTs”), units of data stored on a blockchain that signify ownership of a unique digital media item. But another emergent issue facing the NFT market is what, if any, application federal securities laws have on the offer and sale of NFTs. This issue…
NPE Showcase – Sockeye Licensing
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Sockeye Licensing TX, LLC.
Sockeye owns a pair of patents broadly related to controlling a “display device” with a mobile phone. In simple terms…
FTC Evaluating Children’s Ability to Distinguish Digital Advertisements from Surrounding Content
On August 23, 2022, the Federal Trade Commission announced it will continue to seek additional public comment on how children are increasingly being affected by digital advertising and marketing messages “that may blur the line between ads and entertainment.” Marketers increasingly reach children via digital media, including by embedding advertising in video sharing platforms, social…
Predicting the Unpredictable – When is a Combination Obvious?
Judge Markey famously wrote “Only God works from nothing. Man must work with old elements.” Howard T. Markey, Why Not the Statute?, 65 J. PAT. OFF. SOC’Y 331, 334 (1983). His point was simple and well taken—every invention is a combination of something old. An obviousness argument must be more than the arbitrary combination of…
IP and NFTs: Where are We?
Famed director Quentin Tarantino and production company Miramax settled their infringement lawsuit over non-fungible tokens (“NFTs”) before the US District Court for the Central District of California could weigh in on the merits of the claims, leaving us with far more questions than answers when it comes to the development of intellectual property law around…
What is Sustainable?
Federal agencies recognize that what was once treated as an intangible asset—that is, how “green” a company or its products may be—has developed into a true value-add. A year ago, the Federal Trade Commission (FTC) announced that as a part of its modified ten-year regulatory review schedule, it would be reviewing and revising its…