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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
Before the COVID-19 pandemic, I could count my monthly court appearances on both hands. Nowadays, stepping into a courtroom feels almost nostalgic. The pandemic didn’t just shake things up; it flipped California’s justice system on its head. Remote technology made legal proceedings more accessible and efficient. What began as a temporary fix, born of necessity,
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
Calling the Defendant as an Adverse Witness As a plaintiff at trial, there is no better way to prove your case than through the mouth of the defendant. Securing statements directly from the defendant can often provide the most compelling evidence for your case. When jurors hear incriminating or contradictory statements from the defendant themselves,
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
United States Law Suits I have represented countless foreign entrepreneurs and businesses evaluating or negotiating a potential business relationship in the United States. One of the toughest things I have to do is explain why the U.S. legal system is so different from what these clients are used to in Europe, Asia, or elsewhere. Business
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
Settling Litigation: The Power of a Well-Crafted Agreement Stuck in a legal battle that feels like an endless war? You’re not alone. Litigation is usually expensive, time-consuming, and emotionally draining. But there’s a way out. In most cases, settling your dispute outside of court can be the smarter option. Here’s where a well-crafted settlement agreement
“Everything” is Recorded . . . . With smartphones in everyone’s pockets, secretly recording conversations has become almost second nature for some. These recordings might seem like the ultimate evidence in legal battles, but beware: they’re usually inadmissible in court and often illegal to obtain. So, what happens when your “smoking gun” is an illegal
