Thaler v. Perlmutter: Human Authorship Remains a Cornerstone Requirement for Copyright Registration
Ian W. Gillies & Dillon A. Koch
The Supreme Court denied certiorari of the D.C. Circuit’s holding that works created entirely by autonomous AI systems are categorically ineligible for copyright under the Copyright Act. Thus, even though the Copyright Act does not expressly define “author,” human authorship is required for copyright protection.
One Name, Two Claims—And a Settlement: Prince Estate and ’Purple Rain’ Co-Star Resolve Trademark Dispute
This resolution underscores several practical takeaways for trademark disputes involving personal names and entertainment brands:
- Long-standing use in commerce, particularly where a name functions as a personal brand, can carry significant weight in establishing trademark rights;
- Trademark disputes may proceed simultaneously in federal court and before the TTAB, creating strategic considerations about forum and timing; and
- Settlement, rather than adjudication, is often the ultimate endpoint in disputes involving legacy brands and reputational interests.
While the dismissal without prejudice leaves open the theoretical possibility of future disputes, the settlement appears to mark the end of an unusually personal celebrity trademark battle, with an entanglement of identity, legacy, and brand ownership.
Knobbe Martens Lawyers Analyze Schedule A Litigation Trends in E-Commerce IP Enforcement
Jared Bunker, Marko R. Zoretic & Oren J. Rosenberg
In a recent article published in the Association of Business Trial Lawyers Report, Knobbe Martens intellectual property lawyers Jared Bunker, Marko Zoretic, and Oren Rosenberg provide an in-depth analysis of “Schedule A” litigation—a popular enforcement tool used against foreign online sellers accused of intellectual property infringement.
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