North America: Intellectual Property

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Federal Circuit Distinguishes Patent Eligibility Among Different Communications Systems Claims
The Federal Circuit recently reviewed a patent infringement case involving communication systems that use non-uniform satellite constellations to transmit digital information. While the lower court had granted summary judgment on patent eligibility and found infringement, the appellate court reached a split decision on the validity of the patents. The case highlights the ongoing challenges in determining patent eligibility under the Alice framework, particularly for claims involving mathematical concepts ve
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
One Image Can Create A Copyright Problem: What Businesses Should Know Before Using Photos In Marketing
A federal copyright case over a single Facebook photograph resulted in years of litigation despite a $200 damages award, demonstrating how routine image use in business marketing can create substantial legal and financial exposure. Understanding copyright compliance, licensing requirements, and proper image-sourcing procedures has become essential for businesses seeking to avoid costly infringement disputes.
United States IP
K
Klemchuk
Article
Fair Use Or Fair Game? Navigating Copyright In Influencer Culture
As digital influencers increasingly incorporate copyrighted music, video clips, and images into their content, the legal boundaries of fair use have become critically important. This analysis examines the four-factor fair use test and reveals common misconceptions that put content creators at risk of copyright infringement. Understanding these legal principles is essential for influencers who monetize their content through ads, sponsorships, and affiliate links.
United States IP
LD
Lerner David
Article
How Can Companies Correctly Trademark NFTs And Web Products Under Updated TMEP Rules?
The USPTO imposes exacting identification requirements for Web3, gaming, and virtual media trademarks. Under TMEP § 1401.15(b), applicants cannot identify goods or services simply as "NFTs" or "virtual goods" because those terms do not describe recognizable items in commerce under the Trademark Act. To obtain trademark protection, applicants must clearly describe the asset underlying the digital representation, how it will be delivered, and how it is intended to be used.
United States IP
G
Gamma Law
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Article
Tools Of The Trade (Secrets): Best Practices From Apple v. OpenAI
Protecting trade secrets is harder than you might think. It is not enough to identify a trade secret and have employees sign acknowledgements of the company’s IP policy. Follow-through turns a policy into a program. If employees can leave with company laptops containing confidential information or continue to access project repositories after departure, that failure may become part of the merits in a trade secret case.
United States IP
M
Mintz
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Article
One Image Can Create A Copyright Problem: What Businesses Should Know Before Using Photos In Marketing
A federal copyright case over a single Facebook photograph resulted in years of litigation despite a $200 damages award, demonstrating how routine image use in business marketing can create substantial legal and financial exposure. Understanding copyright compliance, licensing requirements, and proper image-sourcing procedures has become essential for businesses seeking to avoid costly infringement disputes.
United States IP
K
Klemchuk
Article
Fair Use Or Fair Game? Navigating Copyright In Influencer Culture
As digital influencers increasingly incorporate copyrighted music, video clips, and images into their content, the legal boundaries of fair use have become critically important. This analysis examines the four-factor fair use test and reveals common misconceptions that put content creators at risk of copyright infringement. Understanding these legal principles is essential for influencers who monetize their content through ads, sponsorships, and affiliate links.
United States IP
LD
Lerner David
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Article
Patents In Canada: A Practical Guide For Foreign Businesses
Canadian patent law contains distinct procedural and substantive requirements that can significantly affect claim scope, prosecution costs, patent term, and enforceability for foreign companies. Understanding these differences—from software patentability standards to patent term adjustment opportunities—is essential for developing an effective North American IP strategy that maximizes protection while controlling costs.
Canada IP
MT
Miller Thomson LLP
Article
AI In The Art Market, Part 3: Human Creativity And Authenticity
As AI-generated art becomes increasingly sophisticated and visible in institutions like Dataland, the art world grapples with fundamental questions about distinguishing human creativity from machine output. This analysis explores the legal, commercial, and reputational implications for copyright protection, market positioning, disclosure obligations, and the evolving regulatory landscape surrounding AI use in creative industries.
United States IP
HK
Holland & Knight
Article
Intellectual Property Report
From Lululemon's strategic response to dupe culture to landmark trade dress victories and AI-powered patent analysis, this intellectual property report examines how brands are adapting their protection strategies in an era of social media influence and technological transformation. The collection explores critical developments in trademark law, patent prosecution, and the evolving intersection of artificial intelligence with IP due diligence.
United States IP
BB
Baker Botts LLP
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Article
How Can Companies Correctly Trademark NFTs And Web Products Under Updated TMEP Rules?
The USPTO imposes exacting identification requirements for Web3, gaming, and virtual media trademarks. Under TMEP § 1401.15(b), applicants cannot identify goods or services simply as "NFTs" or "virtual goods" because those terms do not describe recognizable items in commerce under the Trademark Act. To obtain trademark protection, applicants must clearly describe the asset underlying the digital representation, how it will be delivered, and how it is intended to be used.
United States IP
G
Gamma Law
Article
Pepsi Case Could Reshape How Courts Judge Trademark Strength
A U.S. Supreme Court review of Rise Brewing's trademark infringement case against PepsiCo could fundamentally alter who determines brand strength in trademark disputes. The case examines whether judges or juries should assess trademark distinctiveness, with implications for how businesses select and enforce their marks. Existing marks and registration statements may significantly impact a company's ability to protect its trademark rights.
United States IP
MG
Marshall, Gerstein & Borun LLP
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