Texas bluebonnets appear in springtime, stretching across fields and roadsides creating blankets of blue color in an artful manner.
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The George Carlin AI case settles after estate of Carlin fights to preserve the rights and integrity of the deceased celebrity.
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The recent Texas Benchellal case applies “imposter rule” finding that the person in best position to prevent a fraudulent transaction by simply exercising reasonable care should bear the loss.
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Darin M. Klemchuk is the founder of Klemchuk PLLC, a leading intellectual property law firm focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. He was recently interviewed for Lawyer Monthly magazine on the topic of IP litigation, infringement matters, and disputes.
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Creating internal protocols for prevention of cybercrime scams is the best way to prevent becoming victim and keeping the workplace safe.
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What happens when generative artificial intelligence produces prior art? Does that affect an inventor’s ability to obtain a patent? Prior art is an all-encompassing term meant to be a catchall for any previous patent, publication, or use regardless of whether it is domestic or foreign.
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In this issue, we discuss common mistakes in branding, the reporting requirements for the new Corporate Transparency Act, strategies for in-house counsel to defend against patent trolls, and the risks of demand letters as demonstrated by the Jack Daniel’s litigation.
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Much has already been written about the Supreme Court’s holding in the trademark dispute between Jack Daniel’s and VIP Products regarding the “Bad Spaniels” dog toy that VIP began selling back in 2014. Read this article for key takeaways and observations on the case
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In September 2023, The Financial Crimes and Enforcement Network (FinCen) issued its final rules for compliance with the Corporate Transparency Act (CTA) and these rules are now in effect. This article provides information regarding the new CTA reporting requirements as well as access to a CTA checklist.
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There are strategies that a company can employ to defend itself against claims for willful infringement and exceptional case finding, which can lead to treble damages, attorney’s fees, and cost. The use of non-infringement opinions in patent cases can be useful to reduce litigation risk.
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The start of a new business endeavor is an exciting time, with grand plans and ideas for future expansion. But too many businesses ignore (or are unaware of) some of the more important aspects of business name and brand selection, and it ultimately costs them a great deal.
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A trademark is a word, phrase, and/or design that serves to identify the source of a product or service in the eyes of consumers. Read more for additional information about trademarks.
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Changeable Message Signs (“CMS”) are the black boxes with digital, orange letters that give hazard warnings and safety messages along highways and freeways. While humorous messages have been met with laughs by motorists, the Federal Government had concerns and changed its recommendations for the CMS messages and what is allowable and appropriate.
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The No AI FRAUD Act is a bipartisan bill seeking to curb misappropriation in use of personalized generative AI.
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Google lawsuit settlements at 2023 year-end include the search engine privacy mode lawsuit and the suit alleging anticompetitive practices with Google Play.
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Rothschild attempts to get stay on Hermes verdict payment offering valueless MetaBirkins NFT contracts as security for payment.
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Celebrities and trademark registrations appear to go hand-in-hand as the desire to protect their names and associated fame.
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Google is pursuing legal action against scammers online using tactics for spreading malware, issuing fake DMCA takedowns for cutting competition, and is going to require disclosure of the use of AI in online content.
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TTAB allows the use of collateral estoppel defense in Monster Energy opposition in likelihood of confusion analysis.
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A new lawsuit against OpenAI claiming copyright infringement was filed by The New York Times adding to the list of infringement claims brought on by copyright owners against chatbot training.
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