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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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It is well known that websites and mobile software apps collect analytics about users’ activity for targeted advertising and other purposes through the use of cookies and similar technologies. In February, however, a class action lawsuit was brought against Amazon.com Inc. for “unlawfully tracking, collecting, and profiting from mobile users’ location data,” in violation o [ ... ]

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On March 18, 2025, the U. S. Court of Appeals for the District of Columbia Circuit ruled in Stephen Thaler v. Shira Perlmutter et al., case number 23-5233 addressing whether artwork created solely by an AI system, the Creativity Machine, qualifies for copyright protection. The court unanimously denied copyright protection, reaffirming that current law requires a human author for [ ... ]

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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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