To put it mildly, the relationship between the copyright owners of popular works of fiction and the creators of fanfiction has always been… complicated. Some copyright holders wholeheartedly support it. Others have denounced it, wanting to retain total control over...
Crystal Broughan, Intellectual Property Attorney
You Cannot Register a Copyright That Never Existed: Ruling Against AI-Generated Work
AI and copyright are far from new themes in September 2023. You have likely heard about multiple cases on the nature of AI-generated work and how copyright law may (or may not) apply. A recent ruling on a completely AI-fabricated piece of artwork advanced this...
Another Bad Headline for Shein: Copyright Infringement on the Order of Racketeering
The fashion retailer Shein is known for its constant waterfall of online clothing listings. Shein enthusiasts are known to scroll the app like they would social media, gazing upon absurdly cheap outfits, shoes, and home decor. But if you are at all familiar with...
Milwaukee World Festival Sues Minnesota Twins to Prevent “Summerfest” Trademark Genericide
Have you ever seen a company pop up multiple times in the headlines for defending its trademark name? You may have wondered, “Do they really need to go after every company that uses something similar? Are they just being aggressive?” If you are not immersed in the...
If You Embed a Photo from Instagram, Is It Copyright Infringement?
At this point, it should come as no surprise that the internet is the Wild West of intellectual property law. Between AI-generated content and complex layers of transmitting other people’s ideas, it can prove difficult to draw the lines of copyright ownership,...
Indiana Jones and the Backpack of Litigiousness
If you have seen the new Indiana Jones movie – Indiana Jones and the Dial of Destiny – you might have noticed that Harrison Ford is sporting a particular backpack in the film. Actually, you probably did not notice it because you were too busy paying attention to the...
Silence is Golden: Why Speaking About Your Invention Can Jeopardize Your Patent Rights
Picture this: you have developed a groundbreaking invention. One that could change your life. You are bubbling with excitement to share your idea with others. But did you know that speaking about your invention can potentially prevent you from obtaining a patent? The...
Chanel Files Trademark Case against Business Selling Altered Chanel Buttons
Generally speaking, if you purchase an item you have the right to resell it. This is an actual intellectual property law called the first sale doctrine. Here is how it is defined: “The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who...