In this article, Emilio Tovilla discusses the Supreme Court's decision in Jack Daniel's v. VIP Products, LLC and its impact on trademark protection. He concludes by making suggestions on how the Rogers test could be applied.
Community Guidelines: The Death of Third-Party Tournaments
In this article, TJ Cleary discusses how video game developers have used their intellectual property rights to affect and regulate esports, specifically third-party tournaments not sponsored by them.
Chat, is my invention novel and non-obvious? Questioning whether AI can represent the PHOSITA
In this article, Emilio Tovilla discusses AI, specifically language models like ChatGPT, as potential sources to represent patent law’s PHOSITA (person having ordinary skill in the art). He argues that different possibilities and limitations should be explored to determine AI's place, if any, within intellectual property.
Congress Action Wanted: The Current U.S. Data Privacy Landscape is in Disarray
In this article, Caroline Gallo examines the current environment of data privacy laws in the United States and where it should be heading.
Beyond the Image: AI and the Battle for NIL Rights
New on the UC IPCLJ Blog: Madison Gambone discusses how the relationship between AI image generation technologies and NIL rights, exploring the emerging legal challenges and proposing a framework to address these issues.
The Washington Commanders: a Fumbled Trademark? Applying Likelihood of Confusion and Good Faith Standards
In this article, Emilio Tovilla discusses trademarks in the context of sports and how the likelihood of confusion analysis and standard of good faith should be applied to the Washington Commanders football team. He argues that the current standards of trademark applications seem inconsistent.