Trademarks have gotten some press. Recently, The Wall Street Journal ran an article about a dispute between Italian restaurant owners in Dallas over the word “Carbone’s” for their respective outposts.
What happens when one owner registers the mark before others?
Whether you own your own business or invest in a market, naming is important — and costly. If you launch a brand and invest in its goodwill without knowing the trademark landscape, your business can be sued and stopped.
“My AI did it.” One could imagine a company responding this way when facing a lawsuit for, say, an artificial intelligence (“AI”) powered robot gone astray. But can this response be a legally viable defense? Find out more in this article for New Matter, a publication of the California Lawyers Association, that I wrote. Please click HERE to download it.
This podcast is the second in a series entitled “AI Keyhole: Evolution, Applications & Policy.” For more information on the date and guest for the next installment about AI and fintech, please e-mail the host — Ryan — at email@example.com or Tim Mitchell at the Institute: firstname.lastname@example.org.
Digital echo chambers and filter bubbles. What are they, why should you care, and how do you know if you are in one? Artificial intelligence and search engines are more powerful forces in our digital lives. They are increasingly affecting the way how you and companies make various decisions — including mortgage interest and car loan rates. Find out more in this talk I’m doing in conjunction with analytics software company Valuenex on April 6th in Palo Alto. Please click HERE to register to attend virtually or in person.
Artificial intelligence (“AI”) applications are growing. From facial recognition technology to shopping online, AI is being used to supplement — and at other times substitute — human decision making. Where does AI come from, how was it developed, and where is it heading?
On March 7th, in conjunction with the AI Accelerator Institute in London, AI Keyhole series was launched to address some of these issues. The series will invite various members of the AI community to speak on these topics. The first guest was Professor Michael Wooldridge of the University of Oxford’s Department of Computer Science. The subject: origination and development of AI. The podcast from that talk can be listened to via the recording below. To learn more about the date and guest for the next installment, please e-mail the host — Ryan — at: email@example.com.
Defamation. You’ve heard of it. It’s generally a false statement of fact about someone — including a company — that injures their reputation. For example, North Face’s statement that Patagonia’s Gore-Tex rain shell jacket isn’t water proof — when it is — would be defamatory. North Face could get sued by Patagonia.
But did you know a North Face’s employee’s repeating of the defamation, whether via Facebook, a tweet, or even verbally, could be used as evidence of malice — intentional defamation — in a defamation suit? It could also be a separate act of defamation.
Find out more in this article I wrote for Quill. It’s published by the Society of Professional Journalists.
In the meantime, please don’t hesitate contacting me should you or your company have any intellectual property related legal questions related to the technology or media industries.
No. You won’t ever get sued by Santa Claus for using his image on Twitter. But Twitter did just pass a new rule: you can use images of others in your Tweets only with their permission. Please click here to learn more.
Even if you don’t use Twitter, the foregoing is still relevant to your use of other people’s images in, say, advertising or other public communications. This rule is related to the right of publicity: every person has a right not to have his or her image used without their permission. There are some contours to this rule from state to state, such as for public figures and issues of public concern. But you should be aware that posting another person’s image without their permission is not without risks.
In the meantime, I wish you a joyous Christmas and fresh new start to 2022.
Non-fungible tokens (“NFTs”). I am sure you’ve heard of them. But what are they? And how do you protect against buying or selling NFTs that contain stolen, counterfeit, or otherwise infringing materials? Whether you are an investor in an NFT business, buy / sell NFTs, or just want to know more, this article I wrote for CompTIA will be of interest. Please click HERE to read more.
In the meantime, if you or a colleague have a breach of contract litigation or licensing issue concerning an NFT, please contact me. My office always tries to find novel solutions even to tricky litigation and licensing issues.
Invest in artificial intelligence (“AI”)? Or does your company use it? In either case, there will likely be issues that arise concerning AI liability. Whether you are in the E.U. or U.S., this article that I wrote for the London School of Economics Business Review will be relevant for you. Please click HERE to read more.
If you hire a freelancer in New York City, do your contractual terms matter under the Freelance Isn’t Free Act (“FIFA”)? Yesterday, a decision by a New York County court says they do. In so doing, the Court dismissed a FIFA-based complaint filed against client Precision Initiative Tech. Corp., an Austin-based tech placement agency.
The decision is one of the few to date interpreting FIFA. It can be read HERE. The Court found that a choice of forum clause in the parties’ contract — requiring a lawsuit to be filed in Massachusetts — barred the suit from being filed in New York.
In the meantime, if you or a colleague have a breach of contract litigation or licensing issue, please contact me. My office always tries to find novel solutions even to tricky litigation and licensing issues.