Worldwide: Intellectual Property

Paul Bain has completed the second edition of Art Law: Cases and Controversies, a comprehensive legal guide published by LexisNexis that examines the intricate legal frameworks governing art creation, transactions, collecting, and preservation. The publication features contributions from leading professionals and addresses how traditional art law principles intersect with modern challenges posed by the Internet and artificial intelligence technologies.

Artificial intelligence has revolutionized innovation at unprecedented speed, but its rapid advancement raises critical questions about intellectual property rights. Is AI a transformative tool that lawfully builds on existing knowledge, or does it systematically infringe on the creative works and patents of inventors and artists? The answer depends on which side of this intensifying legal debate you occupy.

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.

Recent trade secret case law reveals critical standards for proving misappropriation, from the Ninth Circuit's reversal of a $57 million judgment over incorrect jury instructions on the "not readily ascertainable" element, to the Eighth Circuit's requirements for adequate trade secret identification. Courts continue to refine extraterritorial application of the DTSA and standards for demonstrating actual use of allegedly misappropriated information.

The Defend Trade Secrets Act marked its 10th anniversary in 2026, promising a unified national standard for trade secret protection. Has federal litigation delivered on this promise, or do state laws and circuit splits continue to fragment the landscape? This analysis examines key trends, unresolved legal questions, and emerging challenges posed by artificial intelligence in trade secret enforcement.

Explore how AI coding assistants face new security vulnerabilities, trade secret protection challenges in AI-driven businesses, and the evolving landscape of algorithmic pricing in retail. Discover insights on digital asset regulation, sports integrity cases, and the impact of AI on M&A due diligence.

As artificial intelligence reshapes corporate marketing, .ai domain names have become prime digital real estate worth millions. A recent WIPO ruling in a high-profile dispute between a combat sports brand and a domain investor reveals critical lessons about trademark rights, bad faith claims, and the limits of domain seizure policies in the booming AI domain market.

The Trademark Trial and Appeal Board recently affirmed that a specific shade of bright green (Pantone 2297C) cannot be registered as a trademark for construction tripod legs due to functionality concerns. The decision highlights the complex interplay between color marks, safety features, and competitive disadvantage in trademark law, examining how high-visibility colors serve essential purposes beyond source identification.

As entertainment lawyers, we are often asked a deceptively simple question by creatives, producers, and studios: “Can we use this trademark in our project?”

Hermione Thompson and John Leeming are partners and European and UK Patent Attorneys at J A Kemp.

M&A activity in AI is increasingly defined by speed, asymmetry of information and the quality of intangible assets. Financial performance still matters, but I’ve noticed it is no longer sufficient on its own. Buyers are underwriting something less visible and in many cases more determinative of long-term value: the defensibility of the underlying technology.

As renewable energy companies race to innovate and scale, many are overlooking a critical vulnerability: inadequate intellectual property protection. Two experienced attorneys reveal the strategic steps technology-focused clean energy firms must take throughout product development to safeguard their competitive position, secure financing, and maximize value in future transactions.