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Copyright law protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software and architecture. Copyright law rewards innovation and promotes the progress of the sciences by excluding facts, ideas, systems, procedures or methods of operation from copyrightability, although it may protect the wa [ ... ]

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Although infrequently discussed in the case law, the de minimis doctrine is an important aspect of copyright law that protects creators from claims of infringement for uses of the works of another that would otherwise be considered substantially similar. The doctrine, which allows instances of trivial copying which would otherwise be infringement, comes from the legal maxim "de min [ ... ]

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A 2019 United States Patent and Trademark Office (“USPTO”) rule making domicile address reporting on trademark applications more stringent spurred concern regarding the policy’s privacy implications. However, on October 7, 2024, the U.S. Supreme Court denied a petition for certiorari in Chestek PLLC v. Vidal, 2024 U.S. Lexis 3347 (2024), leaving in place the domicile address r [ ... ]

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No website is immune from cybersquatting. On March 2, 2025, the United States Patent and Trademark Office (USPTO) sent out an update to its earlier notice, warning that scammers are creating misleading websites such as “myusptoservices.org.” This is the type of brazen scam discussed in our earlier Insight suggesting measures that may streamline the recovery process. While cybe [ ... ]

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In 2023 the Screen Actors Guild-American Federation of Radio Artists (“SAG-AFTRA”) and the Writers Guild of America (“WGA”) unsettled the film and television industry, joining in months-long strikes against the Alliance of Motion Picture and Television Producers (“AMPTP”) regarding pay, working conditions and the use of artificial intelligence (“AI”) in their respe [ ... ]

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Several recent actions by the U.S. Securities and Exchange Commission (“SEC”) are paving the way for a possible resurgence of NFTs. The unsettled legal issue of whether under U.S. law NFTs constitute securities subject to complicated disclosure requirements has stifled the growth of this digital instrument. While the issue is not definitively settled, the SEC has now closed it [ ... ]

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