AI and Fair Use When the New York Times sued OpenAI, the allegation grabbing the most headlines concerned ChatGPT sometimes producing, as output to the user, all or substantially all of an actual article previously published by the Times. It has been widely reported that OpenAI accuses the Times of deliberately instigating GPT to “regurgitate”

Trademark symbols are the subject of regular questions from clients and even people with whom I have casual conversations, once they find out I am a trademark lawyer. In this post, I’ll briefly explain when it’s appropriate to use each symbol. By the time you finish reading, you should be able to understand why I

United States Trademarks To talk about trademark infringement, we first must address what a trademark is. A trademark can be any word, phrase, symbol, design, or combination of these things that are used to identify goods or services. For example, the word mark “Apple” for a computer. A trademark identifies the sources of your goods

In its ongoing efforts to satisfy ChatGPT’s colossal appetite for content on which to “train” its algorithms, OpenAI continues to announce major licensing deals with partners ranging from traditional publishing stalwarts like Time and The Atlantic to user-generated content platforms like Reddit and Stack Overflow (and its sister site Stack Exchange, which will be referred

USPTO Trademark Costs Will be Increasing The United States Patent and Trademark Office (USPTO) wants to raise certain trademark fees, consistent with its fee-setting authority. If USPTO’s proceeds with their current plans (which it almost certainly will), the costs associated with trademark registration in the United States will go up considerably for trademark owners. In

The Trademark Functionality Doctrine The Trademark Functionality Doctrine limits what can be trademarked. It prevents companies from getting exclusive rights to functional features of a product, like its packaging or design. This protects competition and ensures there are a variety of choices for consumers. Patents, on the other hand, grant inventors a temporary monopoly over

What is a Copyright? The word copyright is a legal term of art used to identify the type of protection granted to an author, or creator, of certain types of creative works. When you set out to write a book, or a screen play, what you created, what you typed into your computer, or wrote

San Francisco vs. Oakland: Trademark Battle Over Airport Name San Francisco and Oakland are embroiled in a court dispute over the Oakland Airport’s plan to rename its airport “San Francisco Bay Oakland International Airport.” Without doubt, this’ll be an interesting case to watch, as the court determines whether Oakland’s actions constitute trademark infringement. It is