By: Trent L. Rector The Copyright Act provides that, in the case of musical works, the copyright owner has the exclusive right to perform the work Publicly. A work is performed Publicly if it is performed at a place open to the Public or at any place where a substantial number of persons outside of…
By: Emily M. Fraser Artificial intelligence (AI) refers to the development and implementation of computer systems to execute tasks that typically require human intelligence, such as decision making and problem solving. The adoption of AI has become increasingly prevalent across various industries, as organizations learn to leverage AI systems to analyze data, automate tasks, and…
By: Arjay Parhar When the highly anticipated video game, The Legend of Zelda: Tears of the Kingdom, was released earlier this year, the gaming website Automaton found 31 video game mechanics patents that Nintendo filed that caused “an outcry of fans claiming Nintendo has overstepped their boundaries and is restricting creative freedom due to the…
By: Thomas L. Sica It should go without saying that a trademark applicant cannot register a trademark that is identical to a previously-registered trademark for the same goods and/or services. However, it becomes a more difficult analysis when composite marks are involved which are only identical in part, especially when the common element of the…
By: Jake M. Goldsmith The legalization and decriminalization of cannabis for medical and recreational uses has continued to expand across the United States in recent years. As of the date of this publication, 38 states now permit medical use of cannabis, and recreational use has been legalized in 23 states and the District of Columbia….
By: Trent L. Rector As a business owner you may occasionally rent your business for private or public events. In the case of a restaurant or bar you may also serve food and beverages during these events. Today nearly anyone can connect their phone or laptop to a large monitor to display a video or…
By: Rachel L. Pearlman When the Supreme Court eliminated the “teaching-suggestion-motivation” test in KSR International Co. v. Teleflex Inc., it also eliminated the certainty regarding what is obvious and what is not obvious. This issue is particularly prevalent when an Examiner pens an Office Action that combines 6-8 references and uses this combination to reject…
By: Stephen P. Scuderi Under U.S. law (i.e., 37 CFR § 1.56) each and every individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the United States Patent and Trademark Office (USPTO). This includes a duty to disclose to the USPTO all…
By: Arjay Parhar Image generation is one of the most popular AI tools. By exponentially lowering the requisite skill, high-quality content can now be generated remarkably quickly. Last Week Tonight perfectly showcased the ease, power, and creativity of AI generated images by showcasing host John Oliver’s passionate yet mariticidal affair with a cabbage, all generated…
By: Christina E. Brule The United States Patent and Trademark Office (“USPTO”) launched the First-Time Filer Expedited Examination Pilot Program (“Program”) on March 9, 2023. The Program is one of several initiatives developed by the USPTO and its Council for Inclusive Innovation (“CI2”) to promote diversity within the innovation ecosystem. Generally, under normal examination, non-provisional…