We’ve all heard about so-called AI “hallucinations,” when AI programs like ChatGPT make up “facts” that are not true.  For example, lawyers have gotten in trouble for citing fake AI-generated court cases, as we wrote about here and here. But could the creator of the AI platform itself also be held accountable?

Conservative radio

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

The team will present on the following topics:

  • Updates in false advertising litigation, including, consumer class actions, Lanham Act litigation, and cases at the National Advertising Division

As we’ve previously written, the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are among the plaintiffs to bring suit in California, while authors George R.R. Martin, John Grisham, and others have filed in New York. The lawsuits allege that OpenAI used the plaintiffs’ creative content without permission to train OpenAI’s generative AI tool in violation of the U.S. Copyright Act. OpenAI moved to dismiss the majority of claims in the Silverman and Tremblay cases on several bases: (1) the Copyright Act does not protect ideas, facts, or language; (2) the plaintiffs cannot show that outputs from OpenAI’s large language model (“LLM”) tool are substantially similar to the original content used to train the tool; and (3) any use of copyright-protected content by OpenAI’s tool constitutes fair use, and thus is immune to liability under the Act. Yesterday, Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement.Continue Reading Famous Authors Clap Back at OpenAI’s Attempt to Dismiss Claims Regarding Unauthorized Use of Content for Training LLM Models

Seyfarth has been recognized in World Intellectual Property Review’s inaugural rankings of the leading USA trademark firms and lawyers. WIPR cited Seyfarth as “recommended” for its Non-Contentious Trademark and “notable” for its Contentious Trademark work. Individually, Ken Wilton was “recommended” for his Contentious Trademark work. WIPR bases its rankings on “research that included

Pat Muffo, Partner in Seyfarth’s Intellectual Property practice presented the “AI for Patent Attorneys: Opportunities and Challenges” session as part of myLawCLE’s “AI for Lawyers: A practical guide to generative AI, copyright, privacy, and more” webinar series. The webinar session is available on demand on Thursday, August 31, 2023 through the myLawCLE website.

Artificial intelligence

Last month, Congress was essentially “abducted” by the testimony of Air Force veteran David Grusch. He boldly asserted that the government is playing a galactic game of hide and seek with unidentified aerial phenomenon (UAP) (or UFO) technology. Grusch further claimed that the U.S. government has a secretive crash retrieval program and suggested that the U.S. has obtained bodies of extraterrestrial origin.

While many have met his claims with skepticism, others argue that this could be just a glimpse into the earth-shattering revelation that we are not the sole inhabitants of the universe. Grusch’s bold revelations have ignited speculation that governments worldwide, alongside contractors, might be reverse-engineering UAP technologies for defense. This raises the question: Are we on the brink of a UAP technological arms race?

Could patent applications serve as a tangible avenue for identifying ET’s blueprints?Continue Reading Unraveling the UAP Enigma: Are Patents the Gateway to Alien Tech?

The Federal Circuit partially refuted the long held assumption that the trademark applicant has the burden of proving third party marks were in use when determining the strength of the applicant mark. The panel led by Judge Dyk found that when determining the conceptual strength of trademarks, “absent proof of non-use [of registered marks], use