Alerts

June 25, 2026

USA

Preclusive TTAB determination? Second Circuit says, not so fast.

Peju Province Winery L.P., v. Cesari S.R.L., 2026 WL 1643746 (2d Cir. June 8, 2026), helpfully clarifies when a TTAB determination has preclusive effect in later-litigated Lanham Act claims.More

May 27, 2026

USA

Thinking of embedding someone else’s video on your website? Be careful!

Richardson v. Townsquare Media, Inc.,  No. 25-291 (2d Cir. April 23, 2026)

The Second Circuit assumed, without deciding, that unauthorized embedding constitutes copyright infringement. It held that Townsquare’s use of the video was not fair under Section 107 of the Copyright Act,More

April 14, 2026

USA – CASES

SCOTUS finds internet service providers not liable for users’ infringement

In a recent unanimous decision, the Supreme Court reversed a Fourth Circuit decision and held that internet service providers such as petitioner/defendant Cox Communications, Inc.More

March 18, 2026

USA

Copyright and AI: Human touch still required

We reported in our March 2025 issue on the D.C. Circuit’s decision in Thaler v. Perlmutter, in which the plaintiff, a computer scientist, sought a copyright registration for an image that his generative AI system had autonomously created.More

February 18, 2026

USA

TTAB British Virgin Islands entities can claim §44(d) Priority Basis

In CandyVerse, LLC v. Zeeth Ltd., the Trademark Trial and Appeal Board (“TTAB”) addressed an issue of first impression, holding entities organized in the British Virgin Islands are entitled to claim priority under Section 44(d) of the Trademark Act even though the Virgin Islands is not party to a treaty with the United States that confers a right of priority.More

January 15, 2026

TRENDS TO WATCH IN 2026

Artificial Intelligence

• Ongoing and future infringement litigation between rightsholders and AI companies.
• State legislation regulating AI and federal efforts in the US to preempt state laws.
• Issues arising from efforts to comply with US,

More

November 25, 2025

USA

Second Circuit affirms $900,000 attorneys’ fee award against attorneys who pursued unreasonable trademark infringement case. Balestriere Fariello v. Gimlet Media, Inc., No. 24-2155 (2d Cir. Oct. 15, 2025).

In 2015, Reply All Corp., which owned a Registration for REPLYALL for “Computer services,More

October 30, 2025

USA

Anthropic case settled: Bartz v. Anthropic, No. C 24-05417 (N.D. Cal.)

In 2024, three authors filed a class action against Anthropic, maker of the AI chatbot Claude.

During discovery, plaintiffs learned that Anthropic purchased millions of new and used books,More